Although they have joint custody of the same cat, the relationship between Bai Duanduan and Ji Lin obviously has not improved significantly. Bai Duanduan encountered Waterloo in his last case, so he paid more attention to this case. He went through all the materials that could be prepared in detail, and interviewed as many employees as possible.
And there is no doubt that the concerns of almost every employee are—
"Lawyer Bai, can we win this case for sure?"
"I can't make that guarantee."
Every time they heard Bai Duanduan's words, these employees reacted almost unanimously: "I heard that you are well prepared, and you have figured out all the possible bargaining situations for the company to dismiss us in terms of economic compensation. , and it is the company's fault to fire us, why can't we guarantee to win?"
"This is a stipulation in the "Measures for the Administration of Lawyers' Practice". When we lawyers undertake business, we cannot guarantee you the outcome of the case in an explicit or implied way. After all, all legal disputes have certain legal risks."
Liang Yao spoke bitterly and honestly, and as soon as Bai Duanduan finished speaking, the expressions on the employees' faces were not very good-looking. After talking with Bai Duanduan, the other party walked out of the conference room and saw Song Lianjun waiting outside, so he couldn't help complaining.
"Brother Song, is there going to be an accident in this case? Hey, you know, my wife just gave birth to her second child not long ago, and she has no one to take care of the baby. She has already resigned and stayed at home. Now the whole family is counting on me, but I am also forty. , I don’t have any great skills at this age, and it’s hard to find a job. I have worked in Simon Paper for 19 years. If a normal company fires me, it should pay me 19 months’ monthly salary? Now I’m counting on this money. Take a buffer for a year or so, and then try to find another job in the middle."
Song Lianjun patted the other party on the shoulder: "Don't worry, this lawyer Bai is not as professional as Lawyer Du. Lawyer Du said, we will win. Just listen to Lawyer Du."
As soon as the other party heard this, he was really happy: "Let me just say, this lawyer Bai is too tender, and he doesn't look... like a lawyer. Lawyer Du said that we are sure to win, that's good, that's good. "
…
—
Bai Duanduan didn't know anything about the episode that happened outside the door. She sent those employees and Song Lianjun away, checked the documents of 300 employees back and forth, and finally the front desk called to inform her that there was a visitor.
When I got to the conference room, I realized it was Xu Zhixin.
It's been a while since his case ended, his complexion is still not good, but his eyes are not as dull as before.
The first sentence he said after meeting Bai Duanduan was to thank him.
"Thank you, Lawyer Bai. I didn't tell you the truth, but you were still willing to refund me the lawyer's fee, and even lent me money..." As soon as Xu Zhixin opened his mouth, Xu Zhixin's eyes turned red, "Thank you, let me I know that even if I am wrong, there is still time to rein in the precipice. This society is not cold, but there is warmth and kindness, and a good person like you is willing to accept me... "
In Xu Zhixin's case, in the end, Ji Lin naturally didn't let him get a penny of financial compensation, and still insisted on giving him a resignation form for cheating on sick leave and being fired, and also reported to the hospital that his girlfriend Chen Jianan issued a fake sick leave note. Misfortunes never come singly, and his father died of a serious illness soon after.
Xu Zhixin was at a low point in his life during that time, and even thought of committing suicide. In the end, Bai Duanduan found him, voluntarily refunded the lawyer's fee, and borrowed a sum of money to arrange the funeral for him to overcome the difficulties.
For his gratitude, Bai Duanduan was very indifferent: "The lawyer's fee I will refund to you is also limited. The amount of the subject matter of this case is not large. We need to share the commission with the lawyer. I can't pay the part of the money to the firm. If you don’t move, it’s just refunding my share.”
Under all the known circumstances, Bai Duanduan did his best for the case, and he had a clear conscience, and the refund of his part of the fee was purely out of a kind of empathy that had been so difficult in the past. She yearned for help at the beginning, and now she wants to help others in need if she can.
Xu Zhixin had tears in his eyes: "The money you lent me, wait for me for a while, and I will definitely return it to you!"
"It's not urgent." Bai Duandan smiled. In fact, she didn't expect to get back the money she borrowed. She just changed the subject, "What do you want to do in the future?"
When this topic was brought up, Xu Zhixin's eyes lit up: "Lawyer Bai, do you still remember that I told you that my university also had a few patent researches on electronic machinery? Now that we are at the end of our rope, I made a mistake because I cheated on sick leave. I couldn’t find any next home in the industry, so I decided to start a business without doing anything.”
Although he is still thin, Xu Zhixin has changed his previous despair and confusion: "It's not that I didn't think about starting a business before, but I didn't have the guts. I felt that I would be safe from 9 to 5. What's more, what should I do if I fail to start a business? Those who look forward and backward, are now called I'm forced to go to Liangshan, but I can only fight with my back." He looked at Bai Duanduan embarrassedly, "Maybe it's really a good time, I took my business plan to find several investors in the industry, and there are actually people who are interested .”
"Jianan was punished by the hospital because of my influence, but at least her work has not been greatly affected. She likes to be a doctor and is very patient with patients. I believe that in a few years, she will always be seen by people who work so hard. Arrived."
"Also, what you said last time gave me a lot of inspiration. I went to see Jianan's parents, admitted my mistakes to them, and frankly explained all my current situation and plans." , Xu Zhixin's eyes were a little red, "Jianan's punishment is my responsibility. No matter what, I should take the blame and come to the door to explain. I also prepared for the worst before meeting them, knowing that they will definitely Opposing me and Jianan, I didn't even give me a good face on the spot, but I thought, no matter how embarrassing I did, I have to bear it... "
"I didn't expect that although they were still not enthusiastic about me, they didn't scold me at all. They also told me to give me two years. If I can make a name for myself in the two years, I will come to see them again." Xu Zhixin's voice was moving. , "Although I am still dissatisfied with me and don't agree with me, but I am not forbidden to associate with Jianan anymore. Even when my father passed away, Jianan's parents came to the funeral."
Xu Zhixin paused: "Lawyer Bai, you're right. Sometimes it's not as scary to confess your embarrassment and weakness as you think. If you make a wrong step, it won't be irreparable in the future. I was fooled by lard before. Heart, but now, thank you for your kindness, thank you Jianan, thank her parents, and thank you... "
Bai Duanduan nodded.
Although the case did not have a good result, perhaps for Xu Zhixin, such a heavy blow in life may not be a bad thing at all. Some people are like the strongest rush grass, which can still grow against the wind in adversity. If you make a mistake, fall down, get up, and walk firmly on the right path again, it will be fine.
The future is still so long.
There are always miracles and countless possibilities.
Who knows if the hand I unintentionally stretched out will change a person's fate.
—
Soon after thoroughly understanding Xu Zhixin's case, Bai Duanduan finally had the opportunity to negotiate with Simon Paper for the first time.
The meeting place was set in the conference room of Simon Paper's office building. Bai Duanduan, Du Xinyi and Song Lianjun as employee representatives attended together, while the other party appointed Ji Lin and a HR director to accompany them.
For this negotiation, Bai Duanduan boasted that he had made detailed preparations and had a well-thought-out plan in mind.
As for Ji Lin, as always, he still looks like that. Even though Bai Duanduan and Bai Duanduan usually look up and down, and reluctantly re-add Bai Duanduan's WeChat for the sake of a cat, it is obvious that the two of them don't want to pay attention to each other, just want to hurry up Go through the negotiation process step by step.
"This is the plan we listed." Bai Duandan smiled, and moved the information to Ji Lin, "I have made a compensation plan for layoffs based on the contract version, working years, and salary of each employee. Please have a look. .”
She stared at Ji Lin: "If the employer has serious difficulties in production and operation and has to lay off personnel, the employer will pay economic compensation according to the number of years the laid-off personnel have worked in the unit. Every time they work in the unit for one year, they will be paid Give economic compensation equivalent to one month's salary." When Bai Duanduan said this, he paused, "These are all clauses stipulated in the labor contract law. Simon Paper's current domestic operating conditions are not good, and the cost is too high. There are too few orders, which leads to the need to close the transfer production line, so we will also talk about the layoffs of 300 employees involved in accordance with the law."
Ji Lin only glanced at the thick plan, then he moved his eyes lightly, and said calmly: "Lawyer Bai, I think you made a mistake, Simon Paper really needs to Layoffs were made, but only to 189 employees."
Du Xinyi immediately took the opportunity to grab the conversation. She frowned, and said unceremoniously to Ji Lin: "Lawyer Ji, is your math taught by a Chinese teacher? The list of employees clearly shows that there are exactly 300 employees involved. Do you want to renege on the remaining 111 employees?"
Du Xinyi usually doesn't have much ink in the negotiation of professional content, so now she can only rush to say some useless nonsense to show her strength and presence.
However, she was aggressive, her words were full of sarcasm towards Ji Lin, and she looked confident, but Bai Duanduan couldn't be as optimistic as her.
Although Ji Lin is difficult to deal with, he is very professional. The way he handles cases can be described as simple and rude. He doesn't like roundabouts and hates wasting time. He said that only 189 employees will be dismissed, so he will only dismiss these number of employees. .
What about the remaining 111 employees? All these 300 employees have signed formal written labor contracts. It is impossible for Simon Paper to renege on their debts unless...
Bai Duanduan's heart skipped a beat, she had a very bad premonition.
Ji Lin smiled, and pushed back to Bai Duanduan the personalized compensation plan for 300 employees that Bai Duanduan worked so hard for without any explanation. Then, he took out another book from his bag.
"This is our economic compensation plan for the dismissal of 189 employees." Ji Lin glanced at Bai Duanduan, "We strictly implement the compensation plan in accordance with the labor contract law. How many years have you worked in Simon Paper? One month's salary, of course, if you are worried, you can check it again."
Bai Duanduan picked up Ji Lin's plan and took a rough look. It is true that every employee has calculated the economic compensation according to strict laws and regulations, and even attached the calculation formula to make it clear at a glance, but it is as expected as Bai Duanduan's plan. As expected, all the 189 employees have worked in Simon Paper for less than 5 years, and most of them have been working for 1 to 3 years.
Song Lianjun was a little at a loss: "What about the remaining 111 employees? As an employee representative, I have to be responsible for everyone. Everyone believes in me so much that they elected me to communicate. If the 189 brothers can have legal placements, then the remaining What about the next 111 people?"
Ji Lin raised his eyebrows and smiled: "Oh, we will not dismiss the remaining 111 employees."
"No dismissal?" Song Lianjun was stunned for a moment, and then he was a little ecstatic, "Really?" He flipped through the list of Jilin's dismissal compensation plans while talking, and the more he looked, the more delighted he was. He was naturally more than Bai Duan to the 300 employees The terminal is more familiar, and it can be seen at a glance that most of the dismissal list are new employees in recent years, while the old employees are not there, including himself.
Song Lianjun couldn't help looking up at Du Xinyi, and said excitedly, "Lawyer Du, that's great! It would be great not to fire us old employees!"
After he finished speaking, he nodded to Ji Lin and the director of human resources, and wanted to stand up and shake the hand of the director of human resources: "Mr. There are old and young people who have no burden like young people who have just entered the society. Even if we resign and give us financial compensation, we actually don’t want to. At our age, it is difficult to find a job, and the paper industry is not so good now. Well, even if we find a new job, the treatment may not be as good as that of Simon Paper, the company can keep us so humanely, we... We are really grateful!"
Song Lianjun's words came from the bottom of his heart. As he spoke, he sighed a little, and even his eyes turned red.
Middle-aged men of their age can't compete physically with fresh graduates who have just entered the job, and they are just workers on the assembly line of a paper factory. nonexistent. When a person reaches middle age, he no longer has the hard work and aggressiveness of a newborn calf. He just wants to be safe and not be fired. That would be the best.
Song Lianjun thanked the HR director, then turned to look at Du Xinyi: "Lawyer Du, thank you!"
Although Du Xinyi still hadn't reacted to this turning point, she was very satisfied seeing the matter being resolved in this way. She brushed her hair with a smile, and said to Song Lianjun, "You're welcome, this is what I should do."
Du Xinyi and Song Lianjun were peaceful, but Bai Duanduan felt that a storm was coming.
And the personnel director who was warmly thanked by Song Lianjun just now did not show the expression he should have after being thanked. On the contrary, his eyes dodged and he looked very embarrassed.
"Lao Song, listen to me, this is not the case..." He opened his mouth stammeringly, "The company is really in trouble, and part of the production line has indeed been transferred, so the young employees go directly to the normal dismissal process. You old employees, we also know that many of you have worked together with Simon Paper, and we don’t want to dismiss, but now our business volume is very small, and it is also the off-season of the paper industry recently, so this... this company decided Those of you who continue to fulfill the labor contract will enter the holiday starting tomorrow."
Bai Duanduan's heart skipped a beat.
Sure enough, it came.
She raised her head and glanced at Ji Lin, and sure enough, he smiled at her like a hunting net.
Cold, with a touch of sarcasm and carelessness, he raised his sword and dropped it calmly.
Song Lianjun was also confused: "Mr. Xu, it's a holiday? What's the matter with the holiday? Then it's a holiday, is the salary payment still normal? How long will the production stop? When can we return to work?"
The personnel director glanced at Ji Lin, and said bravely: "Well, Lao Song, don't worry, our company is in compliance with the regulations, and the holiday is caused by the company. Of course, the salary will be paid, and the social security will also be paid. When will the production stop, this... I can't say, it's just..." He seemed to be unable to continue, and he even glanced at Ji Lin for help.
"It's just that the salary is paid according to the minimum standard of city A." Ji Lin said without emotion, "That is, only 2,480 yuan a month."
Song Lianjun was stunned for a moment, and finally came to his senses. He looked at the HR director in disbelief: "Mr. Xu? How can this be done? How can we only pay the basic salary? It's illegal for the company to do this!"
"What's more, you know the family situation of our old employees. No family has a small burden. The monthly salary is only 2,480 yuan. Doesn't our family have to drink northwest wind?" Song Lianjun's eyes were red with anxiety, " If you are like this, you might as well just fire us together! I have worked in Simon Paper for 19 years, and I have to pay me 19 months of normal salary! I get my normal salary plus miscellaneous bonuses every month. Ten thousand or so! If you fire me, I can still get about two hundred thousand!"
After Song Lianjun finished speaking, he looked at Du Xinyi with an anxious expression on his face: "Lawyer Du, you have to make the decision for me!"
"How is it illegal?" Ji Lin's voice was still cold and calm, without any disturbance, "Article 12 of the "Interim Provisions on Wage Payment" stipulates in black and white that, 'The suspension of work and production of the unit that is not caused by the laborer is within a wage payment cycle. If it is within the period, the employer shall pay the wages to the laborer according to the standard stipulated in the labor contract. If the wage payment period exceeds one period, if the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer does not provide normal labor, it should be handled in accordance with the relevant state regulations.'”
Ji Lin looked at Song Lianjun, who was confused, and smiled: "Let me explain to you intimately, which means that if the work is suspended due to the company's reasons, within the first month, you will be paid according to your original normal salary, and you will also be paid according to your original normal salary." It is more than 7,000; but from the second month, even if you occasionally provide labor during the shutdown period, you only need to pay the minimum average wage of 2,480; and if you do not provide any labor, you can even give more than the average wage Lower wages, do you understand?"
Song Lianjun hadn't reacted yet, but Bai Duanduan had already understood.
Ji Lin's trick is really too cheap. He chooses to fire all the employees who have worked in the company for a short period of time. Because of the short working period, even if they are dismissed normally, they only need to pay 1-5 months' salary at a time. The cost of social security and wages to be paid is a very cost-effective solution.
For employees like Song Lianjun who have worked long enough, he directly asked the company not to terminate the labor contract. On the surface, it seems that the company cares for middle-aged and elderly employees, but when you think about it deeply, this tactic is very accurate. .
Once these employees with long working years follow the normal process to terminate the contract, they will have to pay more than ten months of wages, and the salaries of old employees are generally relatively high. Such 111 old employees are really a lot of money. They continued to stay, and then chose to stop production for a complete vacation...
But you only need to pay the minimum wage in city A...
The author has something to say: all comments with more than 15 characters in this chapter will be given red envelopes until 8:00 tomorrow morning!
[Changed a bug, the legal provisions should not be caused by the laborers, I wrote it because of the laborers because of my old eyes, it has been changed~
In reality, this trick will not be used by many companies, because the loss of most companies’ suspension of production and production will be greater than compensation to workers (many factories are rented, there will be rent, machinery and equipment may be rented, etc.~ The setting of Simon Paper is because the factory is self-owned, and due to environmental protection of raw materials and other issues, starting production will cause losses instead, so this trick can be used]
[This case is about to end with a huge development in the plot! Please hold on! Believe me (Erkang hands, love me and don't leave)]
PS: Tomorrow it will resume to be updated at 8:00 p.m.~
[And, I beg you all to click into the column, bookmark my column, and then bookmark the next new article "I advise you to like me as soon as possible", black-bellied Fu par, please accept it online~]
Fu par: I am different from those dogs like Qian par Ji par~ I am really pure and unpretentious~ gentle and affectionate~
Ning Wan: It's like this when you fucking cheat money and sex!
Fu par: ... Wife, calm down, what kind of cheating money and sex, at that time, it was obviously you who threatened and lured me to commit myself to you.
Ning Wan: ... I was fucking fooled!
Readers' Song of Spring and Autumn [Small Theater]
Mimi Ji: Meow meow! (I want Papa and Mama)
Ji Laogou: ... (cooperative sight)
Little Fairy Bai: ... (Cooperative gaze)
after married
Mimi Ji: meow meow meow meow meow meow meow meow meow meow meow meow meow meow meow meow meow
Reader Hululu's [Small Theater]
Lao Ji: After I got married, I always wanted to do whatever I wanted at home. I mopped the floor when I wanted to, and I did the laundry when I wanted to. Nothing could stop me.
[Small Theater] of the Reader's One-legged Goose by the River
after:
Ji Lin: In addition to this orange cat and my surname, you Bai Duanduan should also put my name on it, Ji Bai Duanduan~
Duan Duan: Why the more I look at you, the more you look like a watermelon