Lawyer Zhang said, "Got it, presiding judge. Pen, fun, pavilion www. biquge。 info Now the defendant makes the following defences. ”

Lawyer Zhang's voice suddenly rose and continued, "Dear Lord Presiding Judge, the defendant is an excellent private enterprise in SZ City, and pays more than 100 million yuan in taxes to the SZ City Treasury every year. At the same time, the defendant is a responsible private enterprise, and he does not know how much charity he does every year, donating more than one million. As we all know, since December last year, the entire real estate market has begun to decline, and the smoke is in shambles. The sales market of the entire real estate has become crowded, cold, no one cares, and few people come, which directly leads to a sharp decline in the sales performance of the entire real estate company, and many real estate companies have broken the capital chain and gone bankrupt this year. ”

Judge Wei shook his head slightly, and Lawyer Chen gave up, and Lawyer Zhang continued, "In such a severe market environment, in order to survive and reduce the load, the defendant applied to the city's labor authority for layoffs. According to the provisions of the Labor Contract Law of the People's Republic of China, if an employer applies for layoffs due to a recession, it may lay off employees with the approval of the competent labor authority, but when the employer recruits employees, it shall give priority to the hiring of redundant employees. ”

Lawyer Zhang looked at the clerk and found that he was very fast, and when the clerk was almost finished, he continued, "Under such circumstances, the defendant carried out the layoff completely legally with the approval of the competent labor authority in Shenzhen. In the process of layoffs, the defendant had ample opportunity to defend against the plaintiff, but the plaintiff did not exercise his right to defend himself, gave up the opportunity to defend, and never reported to the defendant that she was pregnant after notifying her of the redundancy. Therefore, in this case, the defendant had reason to believe that the plaintiff did not have any exceptions under the law, but made the decision to lay off employees as usual. ”

Speaking of this, Xiao Hong was very emotional when she heard this, and immediately said, "How did I give up my rights, can I speak in the unit?" ”

Judge Wei listened and said, "Please pay attention to your words and deeds in court, now is the time for the defendant to argue, plaintiff, if you have any opinions, when the second round of defense is held, this court will give you time." ”

Lawyer Chen comforted Xiao Hong below, and Lawyer Zhang paused for a moment, and waited until everyone had finished speaking before continuing, "When the defendant laid off the plaintiff, he didn't know the fact that the plaintiff was pregnant, which was very clear in the court investigation stage. Therefore, the defendant should fall under the circumstances of material misunderstanding under the civil law of our country. Moreover, after the defendant learned of the fact that the plaintiff was pregnant, it immediately reacted by notifying the plaintiff to come for an interview the next day, and promptly notified the plaintiff to revoke the notice of termination of the original employment contract, and requested the plaintiff to return to work immediately, without any change in the position and salary, and to follow the original employment contract. ”

The clerk nodded at Lawyer Zhang at this time, signaling him to slow down so that he could take notes. Lawyer Zhang paused, slowed down and continued, "But the plaintiff did not respond in any way to the defendant's request. According to the provisions of China's civil law and contract law, in the event of a major misunderstanding, you can choose to restore the original state. Neither China's civil law nor contract law clearly stipulates that the circumstances of material misunderstanding cannot be applied after the termination of the contract, and according to the civil law principle that the law of the civil law does not prohibit it, as long as the law does not prohibit it, the principle of civil law can be exercised, and the defendant can fully apply the legal provisions of the material misunderstanding, which is undoubted. ”

Saying this, Lawyer Zhang couldn't help but look at the clerk again, and the clerk nodded at him, indicating that it was okay. Lawyer Zhang continued, "The defendant has already proposed that since neither the Civil Law nor the Contract Law stipulate that the provisions on material misunderstanding cannot be applied to the termination of a contract, then the provisions of the Civil Law on material misunderstanding should be directly applied. According to the provisions of the Civil Law on material misunderstanding, in such a case, the parties can choose to restore the original state or make compensation, and it is completely reasonable and legal for the defendant to choose to restore the original state. ”

Lawyer Zhang paused for a moment and continued, "Therefore, to sum up, the defendant's behavior is in full compliance with the provisions of laws and regulations, there is no illegal situation, the plaintiff refused the defendant's request without reason, and did not give any special reason, the plaintiff's behavior is completely unreasonable and illegal, so the defendant requests the court to reject all the plaintiff's claims and ask the court to support the defendant's claim." The defendant's plea was completed. “

Judge Wei softly asked the clerk if he had recorded everything, and the clerk said that it had been recorded. Judge Wei said, "Both the plaintiff and the defendant have fully expressed their arguments, and this court will summarize the focus of both parties, mainly focusing on whether the material misunderstanding can be applied after the termination of the contract. ”

"Yes, but even if the termination of the contract is subject to a material misunderstanding, the plaintiff's argument that whether the defendant's conduct is a material misunderstanding is another issue of concern, and the court is requested to put this issue among the focus issues," said Chen. ”

Judge Wei asked, "Defendant, do you have any objection to the first two issues that are the focus of the issue?" ”

"There is no objection to the first question, and the second question is that the defendant believes that the termination of the contract can be fully applied to the situation of material misunderstanding, and there is no doubt that the defendant's conduct is a material misunderstanding, and there is no need to be the focus issue." ”

"It appears that there is a great disagreement between the plaintiff and the defendant as to whether the second issue is the focus issue, and the court will include it as the focus in the second round of court debate," Judge Wei said. The plaintiff and the defendant are invited to debate the above two issues. Plaintiff, you have just indicated that you have an opinion, and now this court will give you time to express your opinion, but please focus on the above two key issues. ”

Xiao Hong listened, looked at Lawyer Chen, Lawyer Chen nodded, Xiao Hong said, "Just now the defendant said that I gave up the opportunity to defend, but in the unit, once the leader makes a decision, what else can I, as a grassroots employee, say?" It's useless to say it, it's impossible for us to say it, and the unit will adopt it? ”

Lawyer Zhang listened and said, "But, did you say that?" You didn't say it, how do you know that the unit won't adopt it? ”