Vol 2 Chapter 17:
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You are Fired!
- Ye Feiran
- 5056 characters
- 2021-03-02 09:10:58
Song Lianjun finally reacted at this moment, and he almost couldn't help but rushed to Ji Lin: "How can you do this? How can this be?" He looked at the director of personnel with a dizzying eye, "Mr. Xu, so many years of ups and downs, Simon Paper did not rely on us, the old employees who are not left behind together? Now you are like this to us?!"
"Old Song, don't do that. I'm just acting according to regulations..."
Song Lianjun's emotions were completely out of control. After pulling the collar of the personnel director, he rushed to Du Xinyi: "Lawyer Du? Didn't you tell me that the case won?" Now? What is the situation now!"
Du Xinyi was taken aback and habitually took a step back. She avoided Song Lianjun in disgust and tried to calm down: "Isn't this a good plan? You are not complaining to me that it is difficult for you to find a job at this age? Now The company stopped production without you going to work, but still supporting you. Isn’t that good? Isn’t it equivalent to lying at home and counting money?
Du Xinyi really has no idea of the actual life of laborers.
Bai Duanduan glanced at her: "Don't talk cold words at this time. Can these elderly employees take 2480 yuan a month to support their families? What they want is to lie down and make such a little money What they don’t want is money, but a job opportunity! It’s an opportunity to get a normal salary!"
Song Lianjun almost collapsed, his lips trembling: "I just bought a house, and there is a mortgage of 4000 per month. This monthly salary of 2,500 yuan is not enough. I can't even afford the mortgage..."
Bai Duanduan rubbed his eyebrows, frowning and looking at Ji Lin: "You are such a chicken thief."
Ji Lin had no shame, he shrugged: "So am I breaking the law?"
Naturally, it is not illegal. The operation of Ji Lin can be said to be completely within the limits of the law. It has completed a siege of an old employee like Song Lianjun. The suspension of production and suspension of production, it sounds very good. You can get money every month while lying at home. , Life is happy, but these old employees of Simon Paper are all procrastinators, and they are also the main labor force at home. Like Song Lianjun, they have a mortgage, and they have to raise their children. The pressure to live is not small. Can't lie down and enjoy the 2480 yuan pie.
Ji Lin's move is obviously impossible to stop Simon Paper from resuming production for a month or two. Now the paper market is frustrating, the cost of raw materials is increasing, and environmental protection requirements are increasing. Every batch of products produced because the paper industry needs to emit A large amount of sewage not only needs expensive purification treatment, but also often has to pay fines that exceed the standard. It is almost impossible not to make a profit after starting work, but to lose money.
Most enterprises still have such expensive and huge holes as plant rents when they stop working and production. Under the balance, it is better to dismiss workers directly and give them economic compensation. The cost-effectiveness is high, but Simon Paper does not have this worries. Simon Paper has landed because of its early years. In the city, I bought the land early and built my own plant. At that time, the land price was still cheap. When the paper market in the past few years was good, I also paid back these costs. Therefore, it has been suspended for some time now for Simon Paper It won't have much impact at all.
However, these old employees, Song Lianjun, can’t stand to stop working for a few months and only get the minimum wage. As a result, they will inevitably be unable to spend it. In the end, they can only take the initiative to terminate the labor contract with Simon Paper, and the employees resign themselves, there is no Said the economic compensation and compensation.
111 old employees, Bai Duanduan made it clear that before making the plan, the monthly salary of these senior old employees averaged about 10,000 after tax, and the average working period was more than 10 years. The Jilin plan can directly save Simon Paper At least 11.1 million!
It's about self-interest. Of course, Song Lianjun has already understood the door among them: "Lawyer Du, you have to help me! Think of a way! This must not be the case!"
Du Xinyi panicked at the moment, she could only whisper inwardly: "Ji Lin, you are using the excuse to stop production as an excuse to force employees to voluntarily resign and give up financial compensation. Such a suspension of production is unreasonable, it is just a shame of dismissal! Isn't it necessary to directly relocate the three production lines to Mexico? The production lines have all been removed. Where is the shutdown and shutdown, and shouldn't the definition of shutdown and shutdown be the last to be resumed?"
Ji Lin glanced at Du Xinyi and then looked at Bai Duanduan: "Do you have a new assistant? Have you passed the judicial exam?"
Where did Du Xinyi see this kind of irony, flushed blush: "You!"
At present, Bai Duanduan has no time to manage Du Xinyi's small operations that can't get on the table, but Ji Lin can't bear it.
"No one teaches you the competent lawyer to speak, don't assistants intervene?" Ji Lin pouted indifferently, "Simon's senior executives have indeed considered the overall relocation of the three production lines, but the general manager of the Chinese headquarters has been working hard, hoping to still I can keep the three production lines in China as much as possible, and go through this difficult period, and finally restart the construction. Simon Paper has never disclosed how to deal with these three production lines in any mail or on the official website. Overcoming difficulties, this is Simon Paper's final decision."
"As for what you said to cover the illegal dismissal with the suspension of production and production, this does not exist. We have very clear evidence, including the reduction of orders, the price increase of raw materials, and the increase of costs, which can clearly prove that there are already major difficulties in business operations. We will notify the trade union of the 189-person layoff plan for this layoff plan, and we have obtained the agreement. At the same time, I will communicate with these 189 employees in the future. We will pay the economic compensation very compliantly, so I believe No one of the 189 employees would 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 eyes, Du Xinyi was riding a tiger, and she could only continue to make a compelling argument:
But you are clearly stopping the production because of not giving these old employees financial compensation! This suspension is simply unreasonable!
"I really can't think of you as a lawyer." Ji Lin gave Du Xinyi a blank expression, "reasonable and unreasonable, this is not your final decision. First, you have no evidence that Simon Paper's shutdown and production were fraudulent. Second The court currently supports the only case in which it is determined that an enterprise uses work stoppages to cover up the illegal dismissal. Only after the company has dismissed the employees first, after the labor arbitration of the employees and the restoration of the labor relationship is required, the enterprise stops the production in order to achieve the purpose of dismissing the employees again. Actually ask the other party to be'waiting.'"
Ji Lin blinked: "Simon Paper directly proposed shutdown and shutdown from the beginning. There is no such thing as covering employees with shutdown and shutdown because they can't open their employees."
The logic is rigorous and there are no loopholes.
Du Xinyi choked: "But I saw some reporters from the Metropolis Daily wrote about the relocation of Simon Paper's production line! Don't deny it!"
Ji Lin looked at Bai Duanduan somewhat provocatively: "I can't look down on you as an assistant anymore. It's disgraceful."
Bai Duanduan closed his eyes, and then turned his head to stop Du Xinyi from being more embarrassing. She looked at her coldly: "You don't know that business decisions are not credible until the last second? Now of course it is what they say. "
Du Xinyi bit her lip, and said with a stubborn heart: "I still have that newspaper..."
"These news, the newspaper strives to have no legal risks and responsibilities. Unless it is a face-to-face interview, even if an insider submits anonymously, the final manuscript will only use "reported". Do you want me to give you time to confirm now? Du Xinyi? What’s more, even if the newspaper said yes, the newspaper is not the official channel of Simon Paper.
Regardless of whether the production line will be transferred to Mexico or India in the future, as long as Simon Paper's shutdown and production takes long enough to consume only a few dead employees, the cost of layoffs will be reduced to a minimum, and finally it will be moved again in a pretentious manner. Worker, then in law, his operation is completely legal and reasonable. Later, after resuming work, the production line will be transferred after a period of time. That can be explained by the changing business environment and market leading the senior management to make a new decision.
Although the current job market is not friendly to middle-aged employees such as Song Lianjun in their forties, but as long as they go, they can always find their next home, but there will definitely be a huge gap in wage levels and treatment, but even if the wage level plummets, It is always higher than 2480 yuan, and a new job can barely support the family.
Suspension of production forced employees like Song Lianjun to have to find their next job quickly, and even hesitate to lower their prices, only to find a new job to support their families quickly, and once they find a next job, they will voluntarily propose to work with Simon Paper Cancellation of the industry. If any employee secretly carried two paper labor contracts with Simon Paper, it is also simple. According to Ji Lin's ability, he can definitely expel the other party by violating the other party's breach of contract.
No effort is required to save costs easily.
It is a perfect layoff plan.
The only one still able to fight, there is only one left--
Bai Duanduan looked at Ji Lin: "Since Simon Paper has a union, did the union agree to the decision to suspend production and stop production?"
As long as there is one of the 111 members of the trade union members who is involved in the shutdown 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. He smiled happily: "Of course. The union will agree."
He glanced at Song Lianjun: "He didn't join the union, and none of his other 110 colleagues joined the union. For the benefit of the enterprise as a whole, I will certainly convince the union. After all, this is indeed a real shutdown."
111 people, even one of them is not in the union!
Bai Duanduan frowned at Song Lianjun, and Song Lianjun explained afterwards: "We all thought that the trade unions are useless... Usually we spend the weekend time organizing this event. We all have a family Well-spoken old employees are not interested in this weekend activity, and they have to pay union fees for joining the union, and occasionally have meetings. We all feel boring, so we have never joined..."
This is really typical. You refused responsibility and lost your rights. Without mastership, you can't control your own destiny.
Before labor disputes fall on themselves, no one will find the union useful, and many workers simply do not realize that after joining the union, the union’s right to speak will be the bargaining chip in their negotiations with the enterprise.
It's just that the trade union not only protects the legitimate rights and interests of employees, but also needs to maintain the production and operation of the enterprise and find a balance between the two. Although the suspension of work affected the 111 people, Simon Paper is a large company, and more production lines are still in operation. Another 189 people have been properly dismissed.
Of the 111 employees, none of them joined the trade union. When the trade union listens to major decisions of the enterprise, it is not natural that some people can fight for their rights and interests with such empathy. In this way, in the face of the overall interests, it is not difficult to understand that the trade union will choose to support the suspension of work and production. . Ji Lin now has such self-confidence that he has about 10% confidence in obtaining the union's consent.
Even if it was an opponent, Bai Duanduan couldn't help but want to applaud Ji Lin. She had to admit that she was really tender compared to Ji Lin. In the past, she could win so many games in City B, really because of B As a second-tier city, the legal market and competitiveness are not as strong as the provincial capital A. She has not met good opponents, misunderstanding that she can win every time because she is high enough, but she knows that she is only doing The middle school students of elementary school mathematics problems saw the gap as soon as they entered the university.
Bai Duanduan had always disagreed from returning from city B to city A, but it was not until now that she realized that it was right to return. She has to see the gap in order to catch up and learn.
In this case, she was completely confined to her own thinking, thinking about how to lay off the 300 people, how to maximize the benefits for the employees, but she did not expect Ji Lin to use the shutdown and shutdown to flatten herself, and she had no resistance.
He is well versed in labor law, knows how to avoid risks, and how to maximize the interests of enterprises.
To get rid of his usual prejudice against him, Ji Lin is really very, very professional.
No wonder Zhang Junda said that once the opponent in the case was him, it would make people frightened.
He has a perseverance and ruthlessness that does not win or swear, and his professional calmness is terrible.
If the opponent encountered by Bai Duanduan is not him, I am afraid there is no room for reversal of this case. She can easily win through her previous detailed preparations. However, the operation of Ji Lin now, no matter how competent Bai Duanduan is, How tough and unyielding is that the provisions of the Labor Contract Law are regulations, and she has no way to help Song Lianjun make a comeback.
After all, the company is in a strong position for employees, and any light decision will cause the employees to make a difference in their lives. Ji Lin's operation turned this case into a case that he could never win, and he had no advantage at all.
The dismissal of an enterprise requires the employee’s consent, otherwise it will have to pay financial compensation, but the enterprise’s suspension of production and production does not require the employee’s consent. This is an abnormal operation of the company that cannot be controlled by the enterprise and can almost be considered force majeure, so it only needs to notify Employees, obtain the union's consent, and use evidence to prove that the company has to suspend work and stop production, not fraud, and finally file with the labor inspection unit, and pay the wages in accordance with the minimum wage standard afterwards.
This is the point, unless you can find the flaws in Ji Lin's operation process, but he should do everything, notify the union, and then negotiate to obtain the consent of 189 laid off employees, this man is too professional, white end Duan hardly needs to think about it, and knows that he will not have any loopholes that can be caught by him to turn over in the subsequent process.
This case has no counterattack.
Because of Ji Lin's operation, the enterprise has exerted its dominant position in the labor market to the fullest extent. The laborers are still unable to turn around, and Bai Duanduan only feels panicked.
It's too bad. I'm really bad. I said that I wanted to protect the workers, but when I met Ji Lin, I was really crushed on the ground.
The only thing she can do now is to remind Song Lianjun and his colleagues about the notices during the shutdown and shutdown: "Since Simon Paper is sending you the full minimum wage, so once the company temporarily asks you to go, you are still If you are obliged to go, you must not go silent in order to express your protest, so that the company can completely handle absenteeism, and even dismiss you unilaterally without even paying the minimum wage."
"All in all, as long as you have not resigned, and you still have the average minimum wage provided by the company, then you must remember that you are still an employee of Simon Paper, a serious disciplinary violation on the employee manual, you can not commit any one, labor You must not have any breach of contract under the law."
Song Lianjun was completely blank, and Bai Duanduan cared for him a lot, but his expression was still a little deaf, almost like nodding subconsciously.
And until Bai Duanduan finished speaking, his eyes gradually focused, and then he looked at Du Xinyi, murmured in his mouth: "Lawyer Du, you have to be responsible...you have to be responsible...you told me this We will win the case and get the compensation, you promised me!"
Bai Duanduan frowned, and only then had time to control Du Xinyi. She looked at the other party: "What did you promise? Did you promise a steady win?"
Du Xinyi's eyes dodged: "It's nothing, I comforted him a few words, and said don't worry."
This appearance is definitely the result of the promise of the other party's case. Bai Duanduan should have taken the opportunity to reprimand her, but at this moment, self-blame and shame completely attacked her. Bai Duanduan was already sad and didn't want to say a word.
I was too weak, and my previous self-confidence in front of Ji Lin could only be described as feeling good.
It’s just that work won’t give people time to lick the wound alone. Soon, Ji Lin stopped Bai Duanduan again and asked to check the financial compensation plan of the remaining 189 people on the spot. Bai Duanduan couldn’t help but He rubbed his eyebrows and returned to the meeting room with Ji Lin.
Outside the meeting, only Song Lianjun and Du Xinyi were left.
Song Lianjun finally recovered from the tremendous changes and shocks, and then he looked at Du Xinyi: "Lawyer Du, you promised it! Now why you can't talk about this case? Shouldn't you just fight for our reasoning?" "
Du Xinyi took a step back, and then showed an embarrassed expression, and began to shirk his responsibility sincerely: "You also heard that the other party's lawyer just called me "assistant", to tell you the truth, this case was originally sponsored by me , Co-organized by Lawyer Bai, but she likes to rob the source of the case, and she must host it by herself. She hides a lot of your information, and she has a good relationship with our partners. In the end, this turned me into a co-organizer. If your case is handled by me, it will definitely win, not this result..."
When I originally took this case, I was fancy that the amount of the subject matter involved was large enough, and I could get a lot of it just by taking a commission. Besides, following Bai Duanduan, I didn’t need to do anything myself. To win, I was stunned that Lin Hui begged to let him kick in, but now...
Only now, this case has become a problem for Du Xinyi. She thought regretfully that she knew that there would be such a problem and she would not be involved. Now the 189 dismissed are all new employees, and the total financial compensation involved is not. How much, in the end, I didn't get a few dollars, and now Song Lianjun is obviously very difficult...
Du Xinyi had not only promised the results of the case, but also received a total of 4,000 shopping cards from Song Lianjun. They also swallowed them privately, and even used them up. This kind of thing would be very troublesome if Song Lianjun's dead net broke out.
At this time, Du Xinyi didn't care about Song Lianjun's plight at all, just thinking about how to get rid of herself. She glanced at Song Lianjun and pretended to have a serious regret. "In fact, I always wanted to help you, but because I’m not a sponsoring lawyer, and I’m hard to intervene in many strategies. I understand your situation, especially if you sent me a shopping card before. I have received all my wishes. Later, lawyer Bai became the sponsoring lawyer, and I also deliberately sent you I conveyed my heart to her. I didn’t keep the shopping card. I just hope that she can do your case with more dedication."
As Song Lianjun listened, he slowly brought a bit of anger on his face: "But this white lawyer..."
As an employee's lawyer, Bai Duanduan has no way to regulate Ji Lin's behavior. He moves and she parries, and facing the chicken thief's way of shutting down and stopping production, within the scope of existing laws, whether Bai Duanduan or any No one else can reverse the situation.
Du Xinyi did not mention this, but tried hard to shirk her responsibility for her random promises. She whispered carefully: "There is one thing I secretly told you, in fact, it seems that our lawyer Bai is the same as lawyer Ji. ..."
Song Lianjun frowned: "Which?"
Du Xinyi said in a low voice: "It's a couple. Last time I met with Mr. Bai, I met Mr. Ji. When I heard Mr. Ji calling us Mr. Bai's wife, I thought that Mr. Bai was single, and the result was that we were in love underground. "
In Du Xinyi's words, three points are really mixed with seven points and false. Bai Duanduan and Ji Lin are obviously impossible to be a couple, but there are still some private holidays. There are always other private intersections that can't be run away.
"Of course, I can't say it right, maybe I'm just kidding, but I'm not the only one who heard that. I just had an appointment with you that day to eat in the restaurant. Remember? Someone called us Bai's husband when I paid. Let her settle his account together. At that time I saw the man’s back and side profile, which is Lawyer Ji."
Du Xinyi said this, Song Lianjun reacted, although she didn't say anything clearly, but these hidden clues were enough for Song Lianjun to imagine.
"In that case, did Mr. Bai have a grudge against Mr. Ji?" Song Lianjun frowned. "Will they have colluded long ago, and Mr. Bai deliberately lost to Mr. Ji? She has already passed the enemy? Otherwise, Mr. Du You have long said that this case won without suspense, why did it suddenly become like this? How does this make me go home and explain to my wife, and how to explain to 110 other brothers?"
Du Xinyi saw Song Lianjun stabilized and let out a sigh of relief. Just as Song Lianjun looked just now, she was a little frightened. If she knew what she had done, Song Lianjun might not be able to beat her on the spot. Du Xinyi was only at the moment. I want to temporarily confuse people, just want to go back and separate him, immediately pull the contact information of Song Lianjun all black, and then hide from the other side, as for the black pot, first throw it to Bai Duanduan, anyway, these words I said, also There is no evidence to prove that in the end, the other party was struggling a few times, and he thought he was going to be out of luck.
It's just that Du Xinyi never really stood in the position of laborers and considered them for her. She didn't realize that she wouldn't be able to believe that the outcome of the case would change Song Lianjun's life. In conclusion, today's Song Lianjun can't accept it anyway, leaving only anger and anxiety in his heart.
When Bai Duanduan and Ji Lin confirmed the details of the plan and handed it to Song Lianjun, Song Lianjun was in a mess. He carefully observed Bai Duanduan and Ji Lin, and the more they looked, the more they felt that the two people might have been secretly communicating. Dark knot of curved beads.
He took the plan of Simon Paper almost seriously and went to the other 110 old brothers to discuss, and the result was naturally conceivable.
Everyone was bombed.
"Lao Song, don't you mean that we can definitely lose more than one hundred thousand?! How come the money hasn't been won at all now?"
"Why do 189 young people have compensation, we don't have it?"
"Lao Song, we can only trust you, and we delegate everything to you. Why did you talk about this result?"
Once the seeds of doubt and doubt are planted, dissatisfaction will begin to spread.
Soon, others joined the accusation: "Yes, old Song, you are afraid that it is not because the second child has just been born, you can't take care of your energy, didn't you care about us?"
"That's right, I don't think you are watching those lawyers at all! You haven't done our representatives well!"
"It would be nice if you didn't presume that you were an employee representative, it would be better than me!"
"Old Song, to be honest, did you have the same plan as us, or did you collect the company's money in private, and then came to the peacemaker to persuade us to accept this plan?"
"Eight percent is right, otherwise how can you definitely lose more than a hundred thousand to two hundred thousand at once, and suddenly become the minimum average wage for the city every month?"
...
Song Lianjun looked at everyone's whispering murmurs and questioning him, but felt that the depression in his heart was almost on the verge of breaking out.
He is wrong! He bought four thousand pieces of shopping cards and gave them to the lawyer himself. He also communicated with them in good humor. For the benefit of these 300 colleagues, he ran out of his pockets before and after running, regardless of whether it was hot or windy or rainy. I ran to the law firm without asking everyone for a penny or even asking for a thank you. As a result, because I didn’t get the desired result, I became a sinner.
Song Lianjun looked at his colleague who was full of anger, and he was stunned in his heart. He thought of Bai Duanduan's exquisite face, and his heart rose with hatred.
It’s all that female lawyer! It's all her fault!
And this anger and resentment on the verge of breaking out reached the limit after returning home.
Song Lianjun almost went into the house, and his wife greeted her with tears.
"Her husband, my daughter's face suddenly turned purple and blue, and I was sent to the hospital. Now it is found to be congenital heart disease, and I need a sum of money for surgery. How about your compensation? What about the two? Hundred thousand yuan, when will it be available? We must hurry up and operate on the child!"
After a wave of waves, Song Lianjun's reason finally collapsed.
Without saying anything, he changed to a black dress, picked up his eldest son's cap, picked up a knife in the kitchen, and went out.
Song Lianjun's eyes were red with blood, and he could not spare the female lawyer who had paid his own benefits but did not do practical things!
The author has something to say: messages with more than 15 words in this chapter will be sent with red envelopes~ (as of 8 pm tomorrow night when the next chapter is updated)
I have asked a judge and a friend who is a labor inspector. The company has sufficient evidence to prove that when it has to suspend work and production, it obtains the union’s consent and records it with the labor inspection department. It does not require the laborer’s consent to use the kind of operations Ji Par said~
Of course, in practice, only a very few companies will adopt this method, because most of the time the loss of shutdown and production is more than the direct financial compensation to employees. This legal requirement is not a loophole~ As for why, I will talk about it later~
And there is that, Ji Par is really professional and has nothing to do with cold blood. I am him, and I do the same, because this is a job, and the legal profession is already controversial, but I still hope that everyone can be peaceful when I write a legal document. Look at and recognize this profession. If you think that unethical things cannot be represented, then the legal profession and the law will die out completely. What's more, morality and immorality stand on different positions and have completely different understandings. I hope you can ask yourself first when you judge something. Is your morality absolutely moral?
There are follow-ups to this case~ Maybe after reading, you will have a better understanding of the morals of different positions, just sauce~
And, Du Xinyi beats arranged~
[Small Theater] by reader 37231457
Before Falling In Love: Ji Laogou: Look at me
After falling in love: Ji Laogou: Come and work here with me, this will not cause family conflicts
Reader Jiayu's [Small Theater]
Duan Duan: Ji Gou gives your dog life!
Ji Pang: As long as I make more dogs, there is no way for me to stab me with the endless 900-meter knife!
[Finally, you guys wait, I promise, Ji Par is really cute! It’s my lovely No.1 now (super loud!!!)