When writing the lawsuit, she looked through the regulations for the implementation of the Labor Contract Law and found that the Regulations for the Implementation of the Labor Contract Law Article 6 stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; if the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

After seeing this, she thought that she would have to go through the legal process, and she would definitely have to fight for the best interests! She demanded compensation according to this provision, handed in the complaint, and waited for several months.

Huang Yixi thought hard for a while, and felt that this statement was very strange, it should be that the designer did not understand the law and did not follow the judge's statement.

According to the law, labor arbitration is a pre-procedure, generally speaking, the litigation claims made by the parties when filing a lawsuit with the court should be consistent with the request for arbitration matters, and if it exceeds the scope of the arbitration award, the court should refuse to accept the request beyond the scope of the arbitration matter, and the veto will cause procedural violations. ”

Huang Yixi is referring to Article 6 of the Interpretation of the Supreme People's Court [2001] No. 14 on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, which stipulates that if the claim and the disputed labor dispute are inseparable, they shall be heard together; When the parties file a lawsuit with the court and make fewer claims than the arbitral award, the court shall strictly follow the principle of non-prosecution and ignore the matters that the parties have not filed a lawsuit for. ”

"That's not it, this designer went to apply for labor arbitration, and the local labor bureau has a window next to the court case filing division for labor arbitration, and the person took the application and looked at it, and signaled her to go directly to the lawsuit. ”

The location of the company that the designer sued was an urban area with many employers, and the labor bureau directly set up a window there for the convenience of migrant workers, and the person at the arbitration window did so, which was already regarded as the acquiescence of the court.

If so, the judge's tone is strange. "It is important to know that the plaintiff has the right to sue, and it is up to the judge to decide whether to support or not support the plaintiff's claim.

The designer is not a legal professional, but Shang Luoyu also felt that the judge's expression was a bit problematic, when the designer asked the judge how to change it, the judge said that he was not a lawyer, and asked her how she wanted to judge, she said that she wanted to do things according to the law, and he said according to the law, your lawsuit is not right, you can't follow the law.

Huang Yixi analyzed, "Does the judge know that the litigation claim she made is different from the arbitration application?"

If this is the case, let the designer change the content of the complaint to labor arbitration.

"No, the judge told her to go back and negotiate with the other party herself, which made the designer unhappy and cold-hearted, not because of this, but because of the words of a friend and judge who introduced her work. ”

According to the designer, the friend who introduced her to work said that she did not do her duty and did not want to testify against her, and the judge bluntly said that she wanted to make a fortune from it.

"This judge is really unparticular about his words. ”

According to the designer, she has also consulted the legal terms, and even if she did not request according to the legal terms, the judge should not say so under normal circumstances.

Yes, "The designer said that her friend could understand what she said, after all, she still has interests with the other party, that is, a judge who understands the law said this in court, or said it in front of the other party, she said that she really doubted her life, and the boss who did something wrong did not need to be punished, and there was no apology at all, and the migrant worker who asked for wages gave the judge a lecture, and she suddenly felt oh, I am so greedy for money!"

The greatest damage often comes not from the enemy, but from the people around you and your beliefs.

"At this price now, even if you can get more than 50,000 yuan, where will you really get rich?"

Huang Yixi was stunned for a moment, with a salary of 30,000 yuan for three months and an advance payment for business expenses, he requested more than 50,000 yuan, this amount is not excessive, this judge is really .......

"The designer said that because the money was so small, she was embarrassed to hire a lawyer to help. ”

Shang Luoyu skillfully overtook a fast-moving truck, "So when it comes to lawsuits, you can bear more than just winning or losing, so I can conclude that even if it is not the judge's problem, or the eyes of the people who eat melons, even if Li Min knows that her lawsuit will win 100%, with her character, she will not sue." ”

Shang Luoyu analyzed Li Min's personality very calmly, don't look at what Li Min said one by one, she is also very capable of helping others, but it is not something she can do to let her tear her face with her old club.

has a good face and is self-reliant, even if she knows that she is wrong, she will not say a word in front of outsiders, she will only smile.

And Li Min subconsciously, I'm afraid that if she falls into a lawsuit with the old owner, isn't it telling everyone that she can't mix well in the new unit, and she will be reduced to the interests of the old unit?

"Why can't you do it when you're gone?" Huang Yixi still didn't understand a little, and was a little sour, her best friend, why did her boyfriend know her better than herself.

Shang Luoyu knew what Huang Yixi was thinking at a glance, and there was still a little sweetness in his heart, it was rare to see Huang Yixi's little vinegar jar, "You have a good relationship with Li Min, so you will automatically imagine her very well subconsciously, even if it is a shortcoming, you will automatically find reasons or beautify her, in fact, you can't do it yourself." ”

It can only be said that the elders of Huang Yixi and Li Min taught them too well, and every time someone is angry, their parents will ask them to reflect on themselves, and there is always only one reason given: why don't they look for others, a slap can't be slapped.

As a result, in their hearts, if others are not satisfied with themselves, they must be wrong, even if they are hit on the left cheek, they will think about whether others are angry, or whether they will hit others on the right cheek again.

Let's not talk about the past for the time being, let's just say that at the end of last year, according to Huang Yixi's performance, she had enough to meet the threshold of senior partners, but at the end of the year, the senior partners of the law firm increased by two, but there was no place for her.

One of the reasons is known to everyone, it is nothing more than Chen Daya's innocence defense and the quota of the lawyer's debate competition, if this matter is changed to a spicy point, or a person who cares about it, and asks the senior partner system one by one, the people in the law firm will definitely have nothing to say, but Huang Yixi herself doesn't seem to remember such a thing, and no one in the law firm mentions it, but I'm afraid that if she goes back, everyone will treat her as a transparent person.