fierce lawyer

A few days later, Liu Shicheng went to the Zhongji People's Court of the city in order to compensate employees for the restructuring of state-owned enterprises.

The case has not been formally filed until now.

Every time I called, the court said that there had been a lot of things going on recently, and the case was complicated, so careful analysis and research was required.More than a month has passed since this analysis and research.

It is normal for a lawsuit like this to drag on for half a year.

Liu Shicheng planned to go over to remind him.

The steps of the court are very high, and it takes a lot of time to walk up each time.This design is probably to show the supremacy of the law, but in fact it is not the same thing, which is really ironic when I think about it.

Liu Shicheng had already made an appointment with the person in charge of the filing court, so it was easy for him to enter the office of the person in charge.

"Come, come." The person filing the case saw Liu Shicheng, and he was still very enthusiastic, "Sit, sit, sit."

"..."

"Have you eaten yet?"

Liu Shicheng didn't want to engage in such meaningless small talk, he asked bluntly, "When will the case be filed?"

"Well," the other party paused, "I still think that reconciliation should be the main focus, and the two parties will settle the lawsuit and end the dispute."

"It is precisely because of the inability to reconcile that we have to file a lawsuit." Liu Shicheng said, "We have contacted the person in charge many times and expressed our willingness to negotiate. How to resolve this matter.”

Liu Shicheng felt a little disappointed that such an obvious case could be dismissed.

In fact, in all fairness, the current environment is much better than it was a few years ago.

At least, cases arising from the independent restructuring of state-owned enterprises have been slowly transitioning from non-acceptance to acceptance.

The law does not specifically address SOEs, nor does it exclude them from general entry.In fact, before the "Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III)" which came into effect in 2010, the people's courts would not accept any labor dispute cases arising from the restructuring of state-owned enterprises, or the people's courts would not accept them. Charge dismissed.The "Interpretation ([-])" stipulates the scope of acceptance of such cases, although at the same time it also gives strict restrictions, that is, only labor dispute cases arising from the independent restructuring of state-owned enterprises should be accepted by the people's courts.As a result, a large number of cases that have caused controversy due to lack of legislation and imperfect legislation are still being rejected due to lack of evidence.

Moreover, another problem is that the process of accepting and adjudicating cases is easily disturbed.Because of institutional setup and other issues, the court's human and financial resources are controlled by the government, and its independence has naturally been affected.Local governments sometimes have a certain degree of favoritism towards state-owned reformed enterprises, using various means to intervene in rights protection, and exert some pressure for acceptance and trial.

Now, the case that Liu Shicheng took over is facing such a situation.

In the restructuring of state-owned enterprises, employees terminate their original relationship, sign new contracts, and switch from the original status of state-owned employees to contract system employees. It is completely legal and reasonable to receive compensation during this process.It would be ridiculous if some companies gave money, while others did not, and employees were completely resigned to their fate.

"So, for the sake of social stability, it is recommended that both parties take a step back." The person who filed the case added.

"That side doesn't want to back down even half a step. It's not a cooperative attitude at all." Liu Shicheng said, "According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases ([-]), there is every reason to file the case."

"No." The person filing the case shook his head, "Lawyer Liu, you made a mistake. This company has been restructured several years ago, and it has been notified about the compensation at that time, but the plaintiff didn't start to report to the relevant parties until this year. It is clear that the two-year deadline has passed for the department to assert its rights."

"..."

"We made the ruling entirely in accordance with the provisions of the "Several Interpretations of the Administrative Procedure Law."

As soon as these words came out, Liu Shicheng was a little dazed.

He carefully recalled what the party had said to himself.

"That's not the case." Liu Shicheng said: "The employees only knew about the compensation a year ago. At the time of the restructuring, it was said that the compensation was not paid, but wages, medical insurance, social security, training and other expenses owed. None of them The words mentioned compensation. Those have already been given, but the matter of compensation was indeed known only in 2010. Don’t confuse the concept, mistakenly regard the regulations on that money as a notice of compensation, and thus regard it as a Knowing the starting time of specific administrative actions, it is unfair to apply the two-year statute of limitations to this case and say that the case has exceeded the time limit, and the time cannot be moved forward without authorization.”

Seeing that Liu Shicheng was so dishonest, the other party couldn't help frowning.

Liu Shicheng came prepared.

He had already thought about all the possibilities of not filing a case.

"Several Interpretations of the Criminal Procedure Law No. 40 stipulates that when an administrative agency takes a specific administrative action, it fails to inform citizens, legal persons or other organizations of their right to sue or the time limit for prosecution, and the time limit for prosecution shall be determined from the date when the citizen, legal person or other organization has the right to sue or should have known Computed from the date of the right to sue or the time limit for suing, the maximum shall not exceed two years.'”

"..."

Then he said, “Article 40 of No.[-] of the Interpretation also stipulates: ‘If a citizen, legal person or other organization does not know the specific administrative action taken by the administrative organ, the time limit for filing a lawsuit starts from the date when he knows or should know the content of the specific administrative action. count."

"Then I don't know much." The other party was obviously displeased. "I learned about these things from the employees of state-owned enterprises. Maybe they couldn't remember what the money was at that time."

"So the reason is not correct." Liu Shicheng said, "You conducted a survey on a small number of employees, and regarded these replies as the replies of all employees, thinking that they all knew the content of the compensation, and refused to file a case. This makes no sense. If it is true After the deadline, the written documents of the year will be produced."

"..."

"If you insist on rejecting it," Liu Shicheng added, "I will appeal to the Provincial High Court."

The person filing the case was obviously displeased: "Appeal to the Provincial High Court? What is this?"

"No." Liu Shicheng shook his head, "I'm just telling you my next plan."

"Let's think about it again." The case filing court said humanely, "Analyze and study."

"..."

The other party waved his hand: "You go first."

"..."

After Liu Shicheng came out, a gust of cold wind blew in, and he couldn't help shivering.

——Back to the law firm, I saw a package on the table.

"..."

Liu Shicheng looked at the item, but there was no name and address of the sender written on it.

"..."

He opened the package, and inside was a whole box of chocolates.

"..."

Now, Liu Shicheng knows who sent it.

Unlike the small handfuls of chocolates I threw at my face the last two times I came here, this time it was a whole box.

It seems that Ji Meng knew in his heart that it would be impossible to do the same thing as the previous two times, so he sent all the rest at once.

"..."

Liu Shicheng was a little surprised that Ji Meng asked someone to bring back so many.

He could still recall the smile on Jimeng's mouth when he took out the chocolate for the first time.

Then, you can also imagine Ji Meng's helpless expression when he chose to mail them all because he never answered the phone again.

Liu Shicheng could feel that Ji Meng really wanted to be friends with him.

But he really felt a little scared about it.

He wanted to send a text message to tell Jimon that he really likes those chocolates.

However, the reality is that Liu Shicheng fiddled with the phone for a long time, but he still couldn't let it go.

For Liu Shicheng, it was too strange for Liu Shicheng to take the initiative to send such personal text messages that had nothing to do with work.

As he was struggling there, the assistant Liu Xu poked his head in.

"Lawyer Liu?"

"...?"

"Well, that's right." Liu Xu is no longer so afraid of Liu Shicheng. "The city government organized a 'Enterprise Legal Services Legal Publicity Month' event, and our law firm also participated."

"..."

"The boss said that this is a good opportunity for publicity, to show his face on the media related to the company, and there may be new customers in the future."

"..."

"It's nothing." Liu Xu continued, "It's just to participate in a symposium with representatives of corporate managers, legal personnel, and ordinary employees, to solicit opinions, and to investigate the service attitude, service quality, service fees, and professional ethics of enterprises in the legal service industry. And other aspects of the opinions and suggestions, to formulate measures to improve service quality and work efficiency. Then there will be an inauguration ceremony for the lawyers and consultants to provide consultation for enterprises in the future... What else... By the way, a series of lectures will be held to enhance The legal awareness of corporate managers and ordinary employees! After that, we set up a booth and receive consultations... Then we have some legal questions and answers, brochures, etc., and it’s almost the same.”

"..."

"Our lawyers are going to participate in the event. Lawyer Dong, Lawyer Zhang, and you, Lawyer Liu."

"..."

"Because Lawyer Dong is in business mergers and acquisitions, Lawyer Zhang is in patent litigation, and you are in labor law, these types will be used more often."

"..."

"Oh, that's right, that Ji Meng's company will also join." Liu Xu gossiped.

"..."

"The boss will explain in detail at the meeting later!"

"..."

Jimon...

The author has something to say: big brother, the city government, the boss of the law firm...everyone is on the right track, actively creating an environment for Gong Shou to meet...Only Lawyer Liu is not on the right track...