fierce lawyer

The author has something to say: The panda thinks that since it is about a lawyer, the content in the court is still very important. I don’t want to just describe the lawyer’s love story!But Su, some children may not be interested in this part of the content.Therefore, pandas will write in the summary in the future, this chapter is the content of the court!If you don't like to watch it, you can skip it!

It was the first time for Liu Shicheng to do this kind of thing, and he was a little restless, not knowing what posture and expression to put on.

I just gritted my teeth and sent it out, what should I say now?

Over there, Ji Meng still couldn't believe it.

"Anyway," Liu Shicheng remained expressionless, "You take it."

"..."

"I'm going back."

Ji Meng nodded, "Thank you, Lawyer Liu."

"Don't call me Lawyer Liu from now on." Liu Shicheng said, "Just call me by my first name."

"Yeah." Ji Meng said, "Shi Cheng."

"..." Liu Shicheng didn't say any more words to correct Ji Meng's strange address, turned around, opened the glass door and walked out.

Ji Meng felt that he had finally shaken a small piece of the iceberg.

"I said," Jimeng looked at the little girl in the chocolate shop, "you just need one post-it note."

"...?"

"Don't post the other one."

"...?"

"Give me that one."

"Oh? Oh!" said the little girl, "will you return what you wrote?"

"No." Jimeng looked at the little girl, thinking that she was really stupid, "Give me what that gentleman wrote."

"..."

……

——A few days later, the case of the old state-owned enterprise finally came to court.

The other party’s lawyer said, “The subject of this case is wrong. There is no labor relationship between the XX grain factory and these workers, but only a labor service relationship, and the labor law does not apply. The workers are only dispatched by the XX labor service company. I just went to work at the XX grain factory, and the evidence here shows that the files are still in the XX labor service company. Since it is not a labor relationship, and the workers are just sent there, there is naturally no reason to pay compensation."

It is a common way in this case to think that the subject of litigation is wrong.

Liu Shicheng made up his mind and said: "Whether it is a labor relationship or a labor relationship, it does not depend on where the files are, but to analyze whether there is an affiliation relationship, how to manage it, etc. The plaintiff was indeed arranged by the XX labor service company to work in the XX grain factory However, XX labor service company only played an intermediary role here. There are several reasons for our insistence on the labor relationship between the two parties. First, we believe that there is a subordinate relationship between the plaintiff and the defendant, and there is indeed a certain degree of management and Obedience. For example, workers need attendance and performance indicators, which are not what labor relations should have. In labor relations, workers should be more free. I have several detailed attendance records and performance records here, which can prove this Second, XX Grain Factory issued a 'work permit' and other certificates to each worker, which is tantamount to acknowledging the identity of the company's employees, otherwise. Third, when the workers entered the job, they filled out the 'registration form'. Sign up The information on the form can show that this is job recruitment. Fourth, workers’ wages are also paid directly by XX Grain Factory, which can also show that there is a labor relationship between the two parties.”

The other party's lawyer smiled confidently, and said, "The plaintiff, please pay attention to one point. In labor relations, employers must undertake certain obligations for employees in accordance with laws and regulations, such as insurance obligations, which is a rigid rule. But the labor service relationship is not required, and Min does not have to pay insurance for the domestic helpers he employs. In this case, the plaintiff’s insurance at work is handled by XX Labor Service Company, and XX Grain Factory is only responsible for labor services Applicable, there is no obligation at all, so it is not a labor relationship. As for what the plaintiff just stated, I can also explain. First, attendance and performance, etc. are the requirements of XX labor service company, in order to understand the dispatched workers. How was the performance during the dispatch period? Although there is attendance and performance, XX grain factory did not make any rewards and punishments based on attendance and performance, that is to say, there is no management method such as incentives, withholding of bonuses or dismissal. Second, Both the work permit and registration form are for the convenience of operation, and it is not clearly stated whether they are full-time, part-time or dispatched. Third, XX Grain Factory does pay wages to workers, but it is only to simplify the process, and XX Grain Factory pays directly. "

The other party's lawyer is good.

However, as Liu Shicheng has always believed, lawyers are not trying to compete who is more likely to tell a lie.The actual situation is that if a person can tell a lie so that even the other party's lawyer can't find any loopholes, it can only mean that the person is telling the truth.The victory or defeat among lawyers does not depend on who is more slanderous, but who is telling the truth is the decisive factor.

Liu Shicheng knew that his side was the truth, so he didn't panic.

So Liu Shicheng went on: "The defendant emphasized insurance. However, according to the information I found from the Municipal Labor Bureau, the plaintiff's medical insurance and social insurance at work are handled in the name of the defendant. Although the formalities were handled by the XX Labor Service Company, it was only a service provided by the XX Labor Service Company to the defendant. In fact, not only the XX Grain Factory, but also the XX Labor Service Company has also handled many times for other companies in the name of the employer. Similar procedures, this is to be more competitive in the intermediary market. As for attendance and performance, it cannot be determined that this is only the requirement of XX labor service company. Whether attendance and performance are one of the management methods of XX grain factory Listen to the testimonies of the internal employees of the company. Today, other workers who have nothing to do with the case will testify in court. These testimonies can show that attendance and performance are directly linked to the workers' jobs in the XX grain factory, which is by no means useless. As for work permits and registration forms As well as salary slips, there are also employees who have been dispatched from other labor service companies to work in XX grain factory for a period of time can testify. these things."

The two sides came and went, and confronted for many rounds.

If it's a movie or a TV show, Liu Shicheng should have said a very provocative and touching sentence at this point.For example, how hard these workers are, just for the livelihood of the family, talk about their elderly and sick parents, and their young children who are waiting to be fed. They even raised their hands and patted their backs so that everyone can see clearly Cracked skin and a tiny figure.

But in practice, that's not often the case for good lawyers.

Judges don't actually sympathize with the weak.

As a person who wants to make a judgment, he must abandon his preconceived notions, and must not influence justice because of his bias towards one side.

Judges speak only from facts.

Even in criminal cases, you can't bring in emotions that shouldn't be there.Because the perpetrator may lie, the victim may also lie.