Lawyer Chen said, "The plaintiff, Xiao Hong, was born in October 1978, currently lives in 903, Building 9, Xinlong Community, LH District, SZ City, joined the defendant Guangyao in April 2007, and the labor contract was signed on April 20, 2006, and the term of the labor contract was three years. Pen, fun, pavilion www. biquge。 During the period of employment, the plaintiff has been diligent and hardworking, and his sales performance has always been at the middle or above level of the sales performance of the plaintiff's project, which can be regarded as the sales backbone of the defendant company. “

Lawyer Chen paused here, and at this time Judge Wei spoke, "Plaintiff's lawyer, please control the speed of your speech, so that it is easier for the clerk to record." ”

"However, in May 2008, the defendant violated the provisions of the labor law by unilaterally terminating the employment contract with the plaintiff when the plaintiff was pregnant and the employment contract had not expired. Therefore, the plaintiff filed a lawsuit with the people's court, requesting the court to protect the plaintiff's legitimate interests and first order the defendant to compensate the plaintiff for the liquidated damages of RMB 16,400 for unilateral termination of the contract in accordance with the labor regulations, and second, to order the defendant to compensate the plaintiff for a total of RMB 53,300 for a total of 13 months of wages during pregnancy and breastfeeding, and finally to order the defendant to support the plaintiff's attorney's fees and litigation costs in this case. The above is the plaintiff's litigation claim, and the court is requested to support it in accordance with law. ”

Judge Wei said, "Please ask the defendant to read out the reply to this court." ”

Lawyer Zhang said, "Because of the recent bleak market and the rapid decline of the defendant, many real estate things and real estate agencies have gone bankrupt, after the review and approval of the SZ Municipal Labor Bureau, it was decided to lay off a large number of employees in order for the company to survive. The defendants are on the list of layoffs. ”

Lawyer Zhang looked at Judge Wei and found that Judge Wei was still listening carefully to his speech, so he continued, "For the sake of prudence, every employee who has been laid off must go through a conversation with the human resources department. When the plaintiff was called by the company's human resources to have a conversation and could exercise the right to defend against his own layoff, the plaintiff chose to remain silent and did not make any statement or defense about his situation. Therefore, the defendant had reason to believe that the plaintiff was one of the persons who were lawfully made redundant. ”

When Xiao Hong heard this, she was a little excited and wanted to say something, but her lawyer stopped her. At this time, it is the defendant's time to speak, and you need to follow the guidance of the judge in court, and the judge will give you the time and opportunity to speak.

Lawyer Zhang looked at Xiao Hong and continued, "It was not until the third day after Xiao Hong signed the conversation record and the notice of termination of the labor contract that the company received a notice from Xiao Hong, informing her of the fact that she was pregnant, and wanted the company to submit a certificate from the hospital. In this case, the company immediately summoned the plaintiff back to the company for a meeting to mediate, and informed the plaintiff that there was a material misunderstanding in the company, and the company's decision to terminate the labor contract was withdrawn. It was agreed that the plaintiff would return to work and that his original position and salary would remain unchanged. However, the plaintiff rejected the company's demands and put forward various illegal claims for compensation and compensation, which the company could not accept. Thereafter, the plaintiff refused to negotiate with the company and went directly to court. ”

Lawyer Zhang continued, "Therefore, in summary, the claims made by the plaintiff do not comply with the provisions of the law, and should be revoked and restored in accordance with the law according to the existence of a major misunderstanding in the civil act. The court is requested to dismiss all of the plaintiff's claims in accordance with law. ”

Judge Wei said, "Now, when we enter the court investigation stage, we will first ask the plaintiff to present evidence and witness testimony to this court. ”

"There are four pieces of evidence against the plaintiff and two witnesses. The first is the plaintiff's employment contract, which proves that there is a genuine, legal and valid employment relationship between the plaintiff and the defendant. The second piece of evidence was the plaintiff's salary slip, which proved that the plaintiff's basic salary was RMB 1,100. The third is the plaintiff's bonus income certificate last year and the bonus income certificate from January to April this year, which proves that the plaintiff has been able to earn an average of RMB 3,000 per month in the past 12 months. The second evidence, together with the third evidence, can prove that the plaintiff's average monthly income in the past 12 months reached RMB 4,100. The fourth piece of evidence is the notice of termination of the labor contract, which proves that the plaintiff and the defendant have terminated the labor contract relationship. The two witnesses, Wen Shuqing and Ma Rongrong, were both waiting outside the courtroom to testify in court, and asked the judge for permission to summon the hall. ”

Judge Wei said, "Please ask the bailiff to summon the witness Wen Shuqing to testify in court first." When the bailiff heard this, he opened the door and went out, and said to the people waiting outside the door, "Who is Wen Shuqing, please testify in court." Wen Shuqing heard this, and quickly stood up and entered the courtroom, and the bailiff closed the door of the courtroom in the back.

Judge Wei said, "Witness, what is your name and what is your date of birth?" Where is the household register? What is the place of work? ”

Wen Shuqing replied, "My name is Wen Shuqing, born on July 21, 1980, registered in XT County, XT City, HN Province, I used to work in Guangyao Real Estate Development Company, but I have been laid off in May. ”

Judge Wei asked, "Defendant, do you have any objections to the identity and qualifications of the plaintiff's witnesses?" Do you apply for recusal of plaintiff witnesses? ”

Lawyer Zhang replied, "The defendant has no objection, and the defendant does not apply for recusal. ”

Judge Wei said, "Witness, if you appear in court to testify in accordance with the law, this court must inform you that you must tell the truth when you testify in court, and you must not conceal the truth and tell lies, otherwise you will bear the corresponding legal responsibility. ”

The clerk immediately read it out, and when it was done, Judge Wei asked, "Witness, do you understand your rights and duties?" ”

Wen Shuqing said, "Understood." ”

Judge Wei said, "Please inform the clerk of your witness rights and responsibilities and sign it." After Wen Shuqing signed the book, the bailiff handed the title materials to the clerk.

Judge Wei said, "Please ask the plaintiff to question the witnesses. ”

"Witness, are you and the plaintiff colleagues in the same unit? ”

Wen Shuqing said, "Yes, Xiao Hong and I are both sales representatives of Guangyao City. We've been working together for almost two years. ”

Lawyer Zhang was about to speak, but Judge Wei glanced at him and said, "Please pay attention to the words of the witnesses, and only answer the plaintiff's questions, and do not answer the questions that are not asked." ”

Mr. Chan continued, "How is the plaintiff's work done? ”

Wen Shuqing said, "It's good. Xiao Hong's sales performance is basically ranked among the top every time, although it is not the best, but it generally has a medium or above level. There are a total of ten sales representatives in our project who are from the company, and there are 100 before the intermediary company, and Xiao Hong's sales performance can basically be ranked 40 every time. ”

Lawyer Chen continued to ask, "How is Xiao Hong's work performance?" Is she disobedient to management and often makes trouble? ”

Wen Shuqing said, "Xiao Hong's work is very good, she doesn't disobey management, and she never makes trouble." ”

Lawyer Chen said to Judge Wei, "The plaintiff has finished questioning. ”

Judge Wei said, "The defendant conducted an interrogatory. ”

Lawyer Zhang stood up, walked up to Wen Shuqing, and said, "Witness, you said that you have been working with the plaintiff for almost two years?" How long exactly? ”

Wen Shuqing thought for a while and said, "Since the pre-sale of the project last year, we have all recruited together, oh, it should be the end of December of the previous year, and then we will be inducted together, and we will officially go to work in January last year." ”

Lawyer Zhang said, "Then you should have a good relationship with the plaintiff, right?" ”

Wen Shuqing said, "Well, it's good. We work together, hang out together, and have a good relationship, otherwise she asked me to come to court, how would I come! ”

Lawyer Zhang said, "Then do you know when the plaintiff got married? ”

Wen Shuqing was stunned for a moment and said, "Well, because she didn't have wine when she got married, but she told us that she was going to get married, but because the economic environment is not good now, the property market is bleak, and the company is laying off employees, so I won't talk to the company, and I won't put wine." We can all understand it, at this time, getting married is not looking for the company to lay off employees, the company must be worried that you will get pregnant immediately, so she said not to tell the company, we can all understand. But I really didn't know about her pregnancy, and it wasn't until she came to me to testify in court this time that I learned that she was pregnant. ”

Lawyer Zhang listened and said to Judge Wei, "Lord Presiding Judge, there is no problem with the defendant. ”