Song Lianjun finally came to his senses at this time, he couldn't help but rushed to Ji Lin: "How could you do this? How could you do this?" He looked at the director of personnel with teary eyes, "Mr. Xu, after so many years of ups and downs, When did Simon Paper not rely on our persistent old employees to carry it down together? Now you are treating us like this?!"
"Old Song, don't be like this, I just follow the rules..."
Song Lianjun's emotions were completely out of control. After pulling the collar of the HR director, he rushed in front of Du Xinyi: "Lawyer Du? Didn't you tell me that this case is sure to win? Now? What's the situation now!"
Du Xinyi was taken aback, and took a step back habitually. She avoided Song Lianjun in disgust, and tried to calm down: "Isn't this plan very good? Didn't you complain to me that it is difficult to find a job at your age? Now Isn't it good that the company stops production and doesn't require you to go to work, but still supports you? Aren't you just lying at home and counting money?"
Du Xinyi really has no concept of the actual life of the laborers.
Bai Duanduan glanced at her: "At a time like this, don't make sarcastic remarks. Can these elderly employees support their families with 2,480 yuan a month? What they want is to lie down and earn such a little money Is it? What they want is not money, but a job opportunity! A chance to earn a normal salary!"
Song Lianjun almost collapsed, his lips trembling and said: "I just bought a house, and I still have a monthly mortgage of 4,000 yuan. With a monthly salary of less than 2,500 yuan, I can't even pay the mortgage..."
Bai Duanduan rubbed the center of his brows, frowned and looked at Ji Lin: "Your method is really stupid."
Ji Lin showed no shame, he shrugged: "So am I breaking the law?"
Naturally, it is not illegal. Ji Lin’s operation can be said to be completely within the limits of the law. He has completed a campaign against old employees like Song Lianjun and stopped work and production. It sounds good, and he can get paid every month while lying at home. , life is happy and happy, but these old employees of Simon Paper are all family members, and they are also the main labor force of the family. They have mortgages more or less like Song Lianjun, and they have to raise a baby. There is no way to lie down and enjoy the 2,480 yuan pie.
With Ji Lin's move, it is obviously impossible for Simon Paper to resume production after suspending work for a month or two. Nowadays, the market of the paper industry is suffering, and the cost of raw materials is increasing. Environmental protection requirements are increasing. Every time a batch of products is produced, the paper industry needs to discharge A large amount of sewage not only needs expensive purification treatment, but also often has to pay excessive fines. It is almost impossible to make money after starting work, but to lose money.
Most enterprises stop production and stop production, and there is still such an expensive and huge hole in the rent of the factory building. On balance, it is better to directly dismiss the workers and give economic compensation. The cost-effectiveness is high, but Simon Paper does not have this worry. Simon Paper has landed in A in the early years. In the city, I bought the land early and built the factory building myself. At that time, the land price was still cheap. In the past few years, when the paper industry was in a good market, I had already earned back these costs. Therefore, it is very important for Simon Paper to suspend work for a period of time now. It won't have much impact at all.
However, old employees like Song Lianjun couldn't stand the suspension of work and production for a few months and only paid the minimum wage. In the end, they would not be able to afford it. In the end, they could only take the initiative to terminate the labor contract with Simon Paper. If the employees resigned themselves, there would be no Economic compensation and damages are mentioned.
There are 111 old employees. Bai Duanduan knew roughly when he made the plan before. The average monthly salary of these senior old employees is about 10,000 after tax, and the average working life is more than 10 years. Ji Lin’s plan can directly save Simon Paper. At least 11.1 million!
It's a matter of self-interest, Song Lianjun of course has understood the way: "Lawyer Du, you have to help me! Think of a way! This matter must not be like this!"
Du Xinyi was panicked at the moment, she could only sternly said: "Ji Lin, you are using the suspension of work and production as an excuse to force employees to resign and give up financial compensation. This kind of suspension of work and production is unreasonable, and it is just a fig leaf for illegal dismissal! What's more, you Isn’t it necessary to directly relocate three production lines to Mexico? The production lines have been moved away, where did the suspension of production come from? Shouldn’t the definition of suspension of production be that work can resume at last?”
Ji Lin glanced at Du Xinyi, then looked at Bai Duanduan: "Your new assistant? Have you passed the judicial examination?"
Du Xinyi had never seen such irony before, her face flushed red: "You!"
With the enemy at hand, Bai Duanduan had no time to take care of Du Xinyi's small operations that couldn't be put on the table, but Ji Lin couldn't stand it.
"No one taught your lawyer in charge to speak, so the assistant shouldn't interrupt?" Ji Lin curled his lips indifferently, "The senior management of Simon Paper has indeed considered the overall relocation of the three production lines, but the general manager of the China headquarters has been working hard to negotiate, and I hope it will still be possible. It is possible to keep the three production lines in China as much as possible, through this difficult period, and finally restart. Simon Paper has never disclosed in any email or official website how to deal with these three production lines. Now, the degree of shutdown It is the final decision of Simon Paper to get through this difficult time."
"As for what you said about using the suspension of work and production to cover up illegal dismissals, this does not exist. We have very clear evidence, including the decrease in orders, the increase in raw material prices, and the increase in costs, all of which clearly prove that the company has encountered major difficulties in its operations and must not be dismissed. We will not suspend work or stop production. We have notified the trade union of the 189-person layoff plan, and it has been approved. At the same time, I will communicate with these 189 employees in the future. We will pay economic compensation in a very compliant manner, so I believe No one among the 189 employees will object. As for the suspension of work and production, there is no problem in the procedure, and it has been filed with the labor inspection department.”
Because of Song Lianjun's stare, Du Xinyi couldn't get off the horse, so she could only continue to argue: "But you are clearly stopping work and production in order not to give these old employees financial compensation! This suspension of work and production is totally unreasonable!"
"I really didn't expect you to be a lawyer." Ji Lin glanced at Du Xinyi expressionlessly, "It's up to you whether it's reasonable or not. First, you have no evidence to prove that Simon Paper's suspension of work and production was fraudulent. Second, At present, the court is the only one that supports the judgment that the enterprise uses the suspension of work and production to cover up the illegal dismissal. It is only that the enterprise has illegally dismissed the employees first. In effect asking the other party to 'stand by'."
Ji Lin blinked: "Simon Paper directly proposed to suspend production from the very beginning. There is no such thing as a cover-up by suspending production because employees cannot be fired."
The logic is tight and there are no loopholes.
Du Xinyi choked: "But I saw that some reporters from the City News wrote about the relocation of the production line of Simon Paper! Don't deny it!"
Ji Lin looked at Bai Duanduan provocatively: "I can't stand you as an assistant. It's shameful."
Bai Duanduan closed his eyes, then turned his head to stop Du Xinyi from being even more embarrassing, and she looked at her coldly: "You don't know that business decisions can't be trusted until the last second? Now of course it's what they say. "
Du Xinyi bit her lip and said unwillingly, "I still keep that newspaper..."
"These news, the newspaper strives to avoid legal risks and responsibilities. Unless it is a face-to-face interview, otherwise even if an insider contributes anonymously, the final draft will only use 'it is learned'. Do you want me to give you time to confirm now Du Xinyi? What's more, even if the newspaper says it is certain, the newspaper is not the official channel of Simon Paper, so it is meaningless."
Regardless of whether the production line will be transferred to Mexico or India in the future, as long as Simon Paper suspends production and production for a long time, only a few dead employees are left, the cost of layoffs is reduced to a minimum, and finally it will be pretended to start again If he is a worker, then legally, his operation is completely legal and reasonable. After the resumption of work, the production line will be transferred after a period of time, which can be explained by the changeable business environment and market leading to new decisions by the top management.
Although the current job market is not friendly to middle-aged employees in their 40s like Song Lianjun, you can always find a job if you look for it. It's just that there will definitely be a huge gap in salary level and treatment, but even if the salary level plummets, It is always higher than 2480 yuan. Only by changing to a new job can we barely support our family.
The suspension of work and production forced employees like Song Lianjun to find another job quickly, even at the expense of their own value, just to find a new job to support their families as soon as possible. business termination. If any employee secretly signed two labor contracts behind Simon Paper's back, that would be easy. According to Ji Lin's ability, he would definitely be able to justifiably fire the other party for breaching the contract while working in two companies at the same time.
Effortless and easy cost savings.
It's the perfect layoff.
The only one who can still fight, there is only one left——
Bai Duanduan looked at Ji Lin: "Since Simon Paper has a trade union, did the union agree to the decision to suspend work and production?"
As long as one of the union members is on the list of 111 people involved in the suspension of work and production, it is impossible to easily agree to this plan!
As a result, Ji Lin seemed to be waiting for Bai Duanduan to ask this question, and he smiled happily: "Of course. The union will agree."
He glanced at Song Lianjun: "He has not joined the trade union, and none of his other 110 colleagues have joined the trade union. For the overall benefit of the company, of course I will persuade the trade union. After all, this is indeed a real shutdown."
111 people, even none of them are in the trade union!
Bai Duanduan frowned and looked at Song Lianjun, and Song Lianjun explained belatedly: "We all thought that trade unions were useless...We always spend weekends organizing this activity and that activity. We all have families and The old employees in the mouth are not interested in this kind of weekend activities, and to join the union, you have to pay union fees, and occasionally have meetings, a bunch of things, we don't think it's interesting, so we haven't joined... "
This is really typical of you denying responsibility and thus losing power. Without ownership, one cannot control one's own destiny.
Before labor disputes come to them, no one thinks that unions are useful, and many workers do not realize that after joining a union, the right to speak of the union will be their bargaining chip when negotiating with enterprises.
It's just that trade unions not only protect the legitimate rights and interests of employees, but also need to protect the production and operation of enterprises, and find a balance between the two. Although the suspension of work and production affected these 111 people, Simon Paper is a large company, and more production lines are still in operation, and the other 189 people have also been properly dismissed and resettled.
There are 111 employees, and none of them has joined the labor union. Naturally, when the labor union listens to the company's major decisions, no one may be able to fight for their rights and interests with empathy. In this way, it is not difficult for the labor union to support the suspension of work and production in the face of the overall interests. . With such self-confidence now, Ji Lin is probably 100% sure of obtaining the union's consent.
Even if she was an opponent, Bai Duanduan couldn't help but want to applaud Ji Lin. She had to admit that she was a little younger than Ji Lin. The reason why she won so many games in City B before was because of B As a second-tier city, the legal market and competitiveness are not as strong as that of city A, the provincial capital. She has never met a good opponent, and mistakenly thinks that she wins every time because she is of a high level, but she does not know that she is just doing it. Middle school students with elementary school math problems only saw the gap when they entered university.
Before that, Bai Duanduan had always disagreed with returning from city B to city A, but it was only at this moment that she realized that it was right to come back. She has to see the gap in order to catch up and learn.
In this case, she was completely confined in her own thinking, thinking about the layoffs of 300 people, and how to maximize the benefits for the employees, but she did not expect that Ji Lin would catch herself off guard by suspending work and production, and she had no power to resist.
He is well versed in labor laws, knows how to avoid risks, and knows how to maximize the interests of enterprises.
Eliminating his usual prejudice against him, Ji Lin is really very professional.
No wonder Zhang Junda said that once the opponent in the case is him, people will be frightened.
He has a kind of persistence and ruthlessness that won't give up until he wins, and his professional calm is terrifying.
If the opponent Bai Duanduan met was not him, I am afraid that there is no room for reversal in this case. She can easily win through her detailed preparations in the early stage. However, Ji Lin's operation now, no matter how capable Bai Duanduan is How tenacious and unyielding, the provisions of the labor contract law are the provisions, she has no way to help Song Lianjun and the others turn the tables.
The enterprise is in a strong position after all for its employees, and any light decision will cause great changes in the lives of employees. Ji Lin's operation turned this case into a case that he could never win, and all of a sudden he lost all advantages.
Enterprises need to obtain the consent of employees to dismiss employees, otherwise they will have to pay economic compensation, but the suspension of production does not require the consent of employees, because this is an abnormal operation beyond the control of the enterprise, which can almost be regarded as force majeure, so it only needs to be notified Employees, obtain the consent of the trade union, and use evidence to prove that the company really had to suspend work and production, and that it was not fraudulent, and finally file with the labor supervision unit, and pay wages according to the minimum wage standard afterwards.
Things have come to this point, unless we can find out the flaws in Ji Lin's operation process, but he has done what he should do, notify the union, and then negotiate to obtain the consent of 189 laid-off employees. This man is too professional, Bai Duan Duan almost didn't need to think about it, and knew that in the subsequent process, he would not have any loopholes that he could catch and use to turn the tables.
There is no way to fight back in this case.
Because of Ji Lin's operations, the company fully utilized its dominant position in the labor market, and the workers were still incompetent, Bai Duanduan only felt panicked.
Too bad, I was really too bad, I kept saying that I wanted to protect the workers, but when I met Ji Lin, I was really pushed to the ground and crushed.
The only thing she can do now is to remind Song Lianjun and his team about the precautions during the suspension of work and production: "Because Simon Paper pays you the full minimum wage, so if the company temporarily asks you to go, you are still the same. If you are obliged to go, you must not stop silently in order to express your protest, so that the company can treat you as absenteeism, and finally unilaterally fire you without even paying the minimum wage.”
"In short, as long as you have not resigned and you are still receiving the average minimum wage provided by the company, then you have to remember that you are still an employee of Simon Paper, and you cannot commit any serious violations of discipline in the employee handbook. You can’t do any of the violations stipulated by the law.”
Song Lianjun's face was empty and blank. Bai Duanduan took care of him a lot, but his expression was still a little indifferent, almost like he was nodding subconsciously.
It wasn't until Bai Duanduan finished speaking that his eyes gradually focused, and then he looked at Du Xinyi, muttering a sentence: "Lawyer Du, you have to be responsible... you have to be responsible... tell me about this case If you win, you will definitely get the compensation, you promise me!"
Bai Duanduan frowned, and now she had time to take care of Du Xinyi, she looked at him: "What did you promise? You promised to win, right?"
Du Xinyi's eyes dodged: "It's nothing, I just comforted him a few words and said don't worry."
This appearance definitely promised the outcome of the other party's case. Originally, Bai Duanduan should have taken the opportunity to reprimand her, but at this moment, self-blame and shame completely attacked her, and Bai Duanduan was so sad that he didn't want to say a word.
I am too weak, the previous self-confidence can only be called feeling good in front of Ji Lin.
It's just that work doesn't give people time to lick their wounds alone. Soon, Ji Lin stopped Bai Duanduan again and asked to check the economic compensation plan of the remaining 189 people on the spot. Bai Duanduan had no choice but to Rubbing between his brows, he went back to the meeting room with Ji Lin.
—
Outside the meeting room, only Song Lianjun and Du Xinyi were left.
Song Lianjun finally recovered from the huge changes and shock, and then he looked at Du Xinyi: "Lawyer Du, you promised! Why can't you speak up about this case now? Shouldn't you fight for us? "
Du Xinyi took a step back, then showed a embarrassed expression, and began to shirk responsibility sincerely: "You heard it too, just now the other lawyer directly called me an 'assistant', let me tell you the truth, originally this case was hosted by me , Lawyer Bai co-organized it, but she likes to rob case sources, so she must host it herself. She hides a lot of your information, and she has a good relationship with our partner, so she finally turned me into a co-organizer. If I handle your case, I will definitely win, not this result... "
Originally, when I took this case, I thought that the amount involved in the case was large enough, and I could get a lot of money just by commission. Besides, following Bai Duanduan, I didn't have to do anything myself. To win, he was begging Lin Hui to let him force his way in, but now...
But now, this case has become a trouble for Du Xinyi. She thought regretfully, if she had known that this kind of trouble would happen, she would not have been involved. Now the 189 dismissed are all new employees, and the total economic compensation involved is not worth it. How much, I didn't get much money in the end, and Song Lianjun in front of me is obviously very tricky...
Du Xinyi had not only guaranteed the outcome of the case before, but also received a total of 4,000 yuan of shopping cards from Song Lianjun.
At this time, Du Xinyi didn't care about Song Lianjun's plight at all, and only thought about how to clean herself up. She glanced at Song Lianjun and pretended to be regretful: "Actually, I have always wanted to help you, but because It is not the host lawyer, and it is difficult for me to intervene in many strategic plans. I understand your situation very well, especially when you specially sent me a shopping card before, and I took it all. I have conveyed all my thoughts to her, and I didn't keep this shopping card myself, I just hope that she can put more effort into handling your case."
As Song Lianjun listened, a bit of stern anger gradually appeared on his face: "But this lawyer Bai..."
As the employee Fang's lawyer, Bai Duanduan has no way to regulate Ji Lin's behavior, he makes moves, she parries, and in the face of the rogue way of suspending work and production, within the scope of the existing law, no matter whether it is Bai Duanduan or anyone else No one else can turn the situation around.
Du Xinyi didn't mention this, but tried her best to shirk her responsibility for making random promises. She whispered cautiously: "There is one thing I will tell you secretly. In fact, our lawyer Bai seems to be the same as lawyer Ji in private. …”
Song Lianjun frowned: "Which one?"
Du Xinyi lowered her voice and said, "It's just a couple. The last time I had dinner with Lawyer Bai, I met Lawyer Ji. I heard Lawyer Ji call us Lawyer Bai's wife. I thought Lawyer Bai was single, but in the end they were dating without telling us. "
In Du Xinyi's words, there are three points of truth mixed with seven points of falsehood, Bai Duanduan and Ji Lin's appearance obviously cannot be a couple, but it is probably because there are some private festivals, there are always other private intersections that cannot be escaped.
"Of course, I can't say this well, maybe it's just a joke, but I'm not the only one who heard it. I just made an appointment with you to eat at the restaurant that day, remember? When paying the bill, someone said that it was the husband of our lawyer Bai. , asked her to settle his bill together, and I saw the man's back and profile, and it was Lawyer Ji."
When Du Xinyi said this, Song Lianjun came to his senses. Although she didn't say anything clearly, these vague clues alone were enough for Song Lianjun to imagine.
"Then, in this case, did Lawyer Bai have a trick with Lawyer Ji?" Song Lianjun frowned, "Could it be that they had colluded long ago, and Lawyer Bai deliberately lost to Lawyer Ji? She had already collaborated with the enemy? Otherwise, Lawyer Du You said a long time ago that this case can be won without suspense, why did it suddenly become like this? How can I go home and explain to my wife, how can I explain to the other 110 brothers?"
Seeing that Song Lianjun had been stabilized, Du Xinyi breathed a sigh of relief. To be honest, the appearance of Song Lianjun just now really scared her a little. If she knew what she had done, Song Lianjun might beat herself on the spot. He wanted to fool him for a while, but he just wanted to turn around and separate from him, immediately block all of Song Lianjun's contact information, and then hide from him. As for the blame, let Bai Duanduan first. There is no evidence to prove it. In the end, the other party made a fuss, and then he thought he was unlucky and let it go.
—
It's just that Du Xinyi never really thought about them from the standpoint of the laborers. She didn't realize at all that the outcome of the case would have a major change in Song Lianjun's life. After all, the current Song Lianjun couldn't accept it anyway, and only anger and anxiety remained in his heart.
When Bai Duanduan and Ji Lin confirmed the details of the plan and handed it over to Song Lianjun, Song Lianjun was in a mess. He observed Bai Duanduan and Ji Lin carefully, and the more he watched, the more he felt that these two people might have secretly communicated. The bead tires are dark knots.
He took Simon Paper's plan almost seriously to discuss with the other 110 old brothers, and the result can be imagined.
Everyone exploded.
"Old Song, didn't you say that we can definitely lose more than a hundred thousand?! Why is the money completely lost now?"
"Why do 189 young people have compensation and we don't?"
"Old Song, we trusted you, so we entrusted the matter to you. How did you come to this conclusion?"
Once the seeds of doubt and doubt are planted, dissatisfaction can begin to flood.
Soon, others joined in the accusation: "Yes, Lao Song, I'm afraid it's because you just had your second child and you can't take care of your energy, so you don't care about us?"
"That's right, I think you didn't pay close attention to those lawyers at all! You didn't represent us well at all!"
"It would be great if you weren't supposed to be an employee representative at the beginning, why not me!"
"Old Song, tell the truth, do you have the same plan as us, or did you take money from the company in private, and then came to act as a peacemaker to persuade us to accept this plan?"
"Basically, right? Otherwise, why would you suddenly be able to pay more than a hundred or two hundred thousand yuan to someone who only pays the city's minimum average salary every month?"
…
Song Lianjun watched everyone whispering and questioning him, and felt that the depression in his heart was on the verge of breaking out.
He is wronged! He spent 4,000 yuan to buy a shopping card and gave it to the lawyer, and he has been communicating in a good voice. For the benefit of these 300 colleagues, he ran and ran and paid for it himself, no matter it was hot or it was windy or rainy. Running to the law firm, I didn't ask everyone for a penny, and I didn't even ask for a word of thanks. Now, because I didn't get the desired result, I became a sinner accused by everyone...
Song Lianjun looked at his colleagues who were chattering, and his heart was on fire. He thought of Bai Duanduan's exquisite face, and he gritted his teeth with hatred.
It's all that female lawyer! It's all her fault!
And this anger and resentment that was on the verge of an explosion reached its limit after returning home.
Almost as soon as Song Lianjun walked into the house, his wife greeted him crying.
"Husband, my little daughter suddenly turned purple and her lips turned blue today, so I was sent to the hospital. Now it was found to be a congenital heart disease, and she needed a sum of money for surgery. How did you talk about the compensation? What about the two? 100,000 yuan, when will we get it? We have to arrange an operation for the child as soon as possible!"
After a wave of ups and downs, Song Lianjun's sanity finally collapsed.
Without saying a word, he changed into black clothes, picked up the peaked cap of his eldest son, went to the kitchen, picked up the knife, and went out.
Song Lianjun's eyes were bloodshot, he would never forgive that female lawyer who took his favors but didn't do practical work!
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 night when the next chapter is updated)
I have asked judges and friends who do labor inspections. When the company has enough evidence to prove that it really has to suspend work and production, it can obtain the consent of the labor union and file with the labor inspection department. It does not need the consent of the laborers to adopt the operation that Jipar said~
Of course, in practice, only very few companies will adopt this method, because most of the time, the loss of work and production shutdown is more than the direct economic compensation for employees. This legal provision is not a loophole~ As for why, the reason will be discussed later~
And that, Ji Par is really professional like this, it has nothing to do with being cold-blooded, I am him, and I do the same, because this is work, the legal profession is always controversial, but I still hope that everyone can be peaceful when I write legal articles To look at and understand this profession. If you think that immoral things cannot be represented, then the legal profession and the law will die completely. What's more, morality itself is immoral. From different standpoints, there are completely different understandings. I hope that when you judge something, you can first ask yourself, is your own morality absolute morality
There will be follow-ups on this case~ Maybe you will have a better understanding of the morality of different positions after reading it~
And, Du Xinyi's violent beating arrangement~
Reader 37231457's [Small Theater]
Before falling in love: Ji Laogou: See how good I am
After falling in love: Ji Laogou: You come to work here, so that it will not cause family conflicts
Reader Jiayu's [Little Theater]
Duanduan: Jigou sacrifice your life!
Ji Pa: As long as I'm a dog, the 900-meter long knife will not be able to stab me!
[Finally, just wait, I promise, Ji Par is really cute! It’s the cutest No.1 in my heart right now (Super Loud!!!]