"Parties, please be careful with your rhetoric and do not dwell on issues outside of the focal point. Pen & Fun & Pavilion www.biquge.info" After speaking, he knocked on the small hammer.

Neither Lawyer Zhang nor Xiao Hong were talking, and Judge Wei continued, "Plaintiff, this court asks you if there is any argument to be made? The Tribunal reiterates that the second round of debate between the parties can only focus on the issue in question and that if a point has already been raised in the first round of debate, please refrain from repeating it. ”

"Okay, presiding judge. Now the plaintiffs are arguing for a second time. With that, he stood up and said, "Honorable Presiding Judge, the plaintiff believes that the answer to the question of whether reinstatement for material misunderstanding can be applied after the termination of the contract is obvious. Because it's a chronological relationship, if something has ended, for whatever reason, you can't make it start anew. Logically, it's irreversible, and there's no doubt that we can't flip over something that's been in the past and get something that was terminated back in action. ”

Mr. Chen looked at the clerk and found that he was still keeping up with his own pace, so he continued, "Regarding the second focus, the plaintiff believes that there is no material misunderstanding on the part of the defendant. When the defendant carries out the layoff, it is obliged to ask whether the plaintiff is pregnant, so that it can judge whether the company's actions are lawful. This is a legal obligation imposed on the employer by law, but the defendant did not implement it, so the plaintiff argued that such a result was not a material misunderstanding for the defendant, but was caused by the defendant's own omission. The plaintiff's supplementary arguments were published. ”

Judge Wei turned to the defendant and said, "Defendant, do you have any new arguments, and if so, the court reaffirms that it must focus on the issues of the court, and please do not repeat the views expressed in the first round." ”

Lawyer Zhang said, "Okay. Dear Presiding Judge, the defendant now makes the following additional defences, the first of which is the focus of the defendant's belief that the concept was deliberately confused in court. What is being discussed is a legal concept that cannot be directly explained by the principles of logic, so the so-called sequence of time is nonsense. According to the basic principles of China's civil law, it is possible to prohibit it if the law is not clear, and since neither China's civil law nor contract law prohibits the inability to apply a major misunderstanding after the termination of the contract, then it can be applied. Since this point has been fully explained above, I will not say much about it. ”

Judge Wei glanced at Lawyer Zhang, and the meaning was obvious, that is, you knew each other. Lawyer Zhang continued, "Regarding the second point, the plaintiff raised that the defendant had an obligation to ask the plaintiff whether she was pregnant. The defendant thinks that this is pure nonsense, and ask, which employer would ask a female employee for no reason, are you pregnant? The law does not explicitly stipulate that the employer must ask the employee if she is pregnant, so a non-existent task cannot be imposed on the defendant. In this case, the absence of information that affects the content of the defendant's decision is, of course, considered by the defendant to be a material misunderstanding. ”

Lawyer Zhang paused, "To put it bluntly, that is, if the defendant had known that the plaintiff was pregnant at the time, he would not have made the decision to lay off the plaintiff, and the defendant is a law-abiding enterprise and will not do illegal things." The defendant gave the plaintiff ample opportunity to raise objections, and the mandatory procedure before the layoffs was that the human resources had to interview the redundant employee, but the plaintiff did not mention that she was pregnant during the interview. In fact, the plaintiff himself did not know, so it is certain that the defendant belongs to the five major misunderstandings. The defendant's plea was completed. “

Judge Wei watched the clerk record all the opinions of lawyer Zhang, and said, "Both parties have fully expressed their views and opinions, and now, we have entered the court mediation stage, and this court will preside over the mediation." Any remarks and reasons in the mediation stage, once the mediation is not established, cannot be used as evidence in the court trial stage, plaintiff, do you know? “

"The plaintiff is clear. “

Judge Wei continued to ask, "Defendant, do you know what? “

Lawyer Zhang replied, "The defendant is clear. “

Judge Wei said, "Okay, now that we have officially entered the mediation stage, please ask the defendant to recuse ourselves first, and this court will talk to the plaintiff first." “

Lawyer Zhang took his assistant and walked out of the courtroom after the bailiff opened the door. As soon as Situ and Zhuo Shuo saw Lawyer Zhang coming out, they greeted him and asked, "Lawyer Zhang, how is it?" It's already over? “

Lawyer Zhang smiled, "No, I just entered the court mediation stage, and the judge talked to Xiao Hong and them first." “

Zhuo Shuo said, "It's really exactly the same as Lawyer Zhang, you expected." “

Lawyer Zhang said with a smile, "In this kind of case, the court will generally try to mediate and conclude the case as much as possible, and the judge has the index assessment of mediation to conclude the case." There is no way, this is China's national condition. “

Situ listened and asked, "Then we are waiting for the judge to find and talk?" “

Lawyer Zhang said, "Yes, this mediation must be in accordance with the parties' wishes. I only have so many authorized permissions now, and you communicated with your Mr. Luo before I came, and Mr. Luo asked the leader to give a bottom limit for mediation. If it is exceeded, it may not be possible to mediate, but the judge will definitely continue to ask us to mediate after the trial, and then ask the leader! “

Zhuo Shuo and Situ both nodded, indicating that they understood. Lawyer Zhang is very good to them, very close, and probably knows that these two people are very important. One is in charge of the human resources of the entire Shenzhen company, and the other is Lu Zhan's new favorite, in short, don't offend. Lawyers are all human beings.

The four of them waited patiently outside the door, and after about 20 minutes, the bailiff notified Lawyer Zhang to go in. Situ saw Lawyer Chen and Xiao Hong walk out, and Situ and Zhuo Shuo continued to wait patiently outside. Over there, Xiao Hong greeted Wen Shuqing and Ma Rongrong, and sat quietly outside waiting. Situ estimated that after about half an hour, he saw the bailiff open the courtroom door and ask Lawyer Chen and Xiao Hong to enter.

After the two entered, the bailiff closed the door. The two took their seats in the plaintiff's bench and waited for Judge Wei's instructions.

Judge Wei said, "The plaintiff and the defendant, now that the court has presided over the mediation, there are still big differences between the two parties. Because the defendant's lawyer only needs such authorization authority, after the court's questioning, both parties said that they can accept the post-trial mediation, so the court announced that today's trial will end here for the time being, and the mediation will continue after the trial. Both parties are requested to stay, read the court minutes carefully, and if there are no objections, ask both parties to sign the court transcript. Now, this court announces that this trial is over, and whether the next trial will be held awaits notice. “

After saying that, he knocked on the small hammer and withdrew directly from the small door behind the judgment seat. The parties stayed to check the trial transcript, and the clerk Dong Yun had already printed out the transcript, Lawyer Zhang gave way, and Lawyer Chen read it first. While watching, they said to Dong Yun, it should be like this here, I said so there, and modified some places. Dong Yundu made the amendments one by one, and then asked both the plaintiff and lawyer Chen to sign them, and to sign their names next to the amendments.

The pages they signed were given to Lawyer Zhang, and Lawyer Zhang also read them carefully one by one, and after telling Dong Yun about the changes, he directly revised them, and then signed them one by one. By the time they had all done this, nearly forty minutes had passed, and Situ and Zhuo Shuo entered the courtroom, sat in the audience, and waited patiently for them.

Lawyer Zhang finished it, and left directly with Situ and Zhuo Shuo. Lawyer Zhang went to the garage to get the car and said that he would give them two, Situ said, "Forget it, no need, I want to go to the sales office, it's not on the way, I'll take a taxi, it's okay." “

Zhuo Shuo listened and said, "Yes, it's not going to be a good way, let's go back separately." It's been a busy morning today, or else, lawyer Zhang, I'll invite you to dinner, and after eating, go back to work. You see, it's a little bit more than a little bit now. “