After listening to the cross-examination of both sides, Judge Wei said, "It is still the stage of court investigation, plaintiff, this court has a few questions for you, please answer them truthfully." www.biquge.info Do you know that if you give false testimony in court, you will have to bear the corresponding legal responsibility? ”

Xiao Hong said, "It's clear. ”

Judge Wei asked, "Plaintiff, when did you join the defendant's company?" When will it turn positive? ”

Xiao Hong said, "I joined the defendant company in December 2006 and became a regular in January 2007. Because the sales office is in a hurry to open, therefore, we all passed the induction training and turned regular. ”

Judge Wei asked, "Plaintiff, when did you get married?" Did the defendant get a marriage notice? ”

Xiao Hong said, "I got married in February 2008, and I didn't notify the unit when I got married, and the unit didn't require the unit to be notified when I got married?" ”

Judge Wei said, "Plaintiff, pay attention to your words, just answer the questions of this court. When you were laid off, did you inform the defendant that you were pregnant? ”

"No, but I didn't know it myself, until I was in a bad mood after being laid off and vomited at home all day, and my mother-in-law suspected that I had it and took me to the hospital for a check-up, I immediately called my leader."

Judge Wei said, "At this time, have you and the defendant completed the resignation procedures? ”

Xiao Hong said, "Yes, it's all done." ”

Judge Wei said, "Now that the basic facts of this case have been investigated, plaintiff, do you have any additional comments on the defendant's evidence?" ”

"No, presiding judge. “

Judge Wei said, "Defendant, do you have any additional cross-examination opinions on the plaintiff's evidence?" “

Lawyer Zhang said, "No, presiding judge. “

Judge Wei said, "There are no cross-examination opinions on either side, and now this court has summarized three key issues in this case, the first is whether the terminated contract can be resumed in accordance with the law? The second is whether there is a material misunderstanding on the part of the defendant. Third, is the defendant's notice of revocation and termination of the employment contract valid? Now this court has announced that the court has entered the stage of court debate, and this court emphasizes that the opinions of both parties should focus on the focus of this case, pay attention to the relevance of this case, and do not conduct illegal debates or personal attacks. “

Lawyer Chen replied, "Yes, presiding judge. “

"Defendant, do you know?"

Lawyer Zhang replied, "Clear, presiding judge." “

Judge Wei said, "Next, I would like to ask the plaintiff to express his opinion first. “

Mr. Chen stood up and said, "Your Excellency Judge, during the period when the plaintiff in this case worked for the defendant company, he was diligent and loyal to his duties, and his sales performance was also at the upper level of the company. From the performance of the plaintiff, it can be said that the plaintiff is an excellent employee and an excellent sales representative, but such an excellent employee was illegally laid off by the defendant during her pregnancy. The plaintiff was pregnant, and it was impossible for the plaintiff to find other work at this time, and the plaintiff lost her source of livelihood during the pregnancy. China's Labor Contract Law prohibits an employer from illegally terminating a pregnant plaintiff's labor contract. “

Saying this, Mr. Chen paused before continuing, "However, the defendant did it, therefore, according to the provisions of China's labor contract law, the employer may not terminate the labor contract, but the defendant did, therefore, it is necessary to compensate the plaintiff for the loss of salary income during the labor contract period, during the pregnancy and breastfeeding period." In addition, according to the provisions of the Labor Contract Law of the People's Republic of China, if the employer illegally terminates the labor contract, it shall compensate double the salary. According to the provisions of China's Labor Contract Law, the calculation of the compensation standard is based on the average salary of the employee in the past 12 years, and I think the law is very clear on this point. “

Mr. Chen looked at the clerk and found that he had already written it down, and continued, "The above is the plaintiff's first point. The second question was whether the terminated contract could be reinstated. I think the answer is obvious, the contract has been terminated, it has ended, how can it be resumed? This truth is very obvious, how can a thing that has already ended, start again? I think the logic is very clear and there is no need to debate. “

The clerk typed very quickly, and Lawyer Chen still paid great attention to his speaking speed, they are all old lawyers, and they are used to talking like this every day in court.

Mr. Chan continued, "The third question, the question of whether there is a material misunderstanding and the question of whether the fourth focus question is valid, I think it all comes down to the answer to the first question. If the contract has already ended, it is only necessary to discuss the issue of legal compensation and compensation after the termination of the contract. In this case, then, it is irrelevant, and there is no relevance. As for the effect of the ex parte notification, it still depended on the question of whether it could be reinstated after the end of the contract. The contracts are all over and there is no way to restore them, so what's the point of notification? It doesn't make any sense. “

Mr. Chen looked at the clerk and continued, "Therefore, to sum up, the employment contract between the defendant and the plaintiff has been terminated after the plaintiff has completed the resignation procedures, and the defendant has no objection to this issue. Then a terminated contract is over. There is no longer any possibility of continued performance of the terminated contract, therefore, the breaching party can only give the compensation and compensation prescribed by the law in accordance with the provisions of the contract and the provisions of the Labor Contract Law.

Lawyer Chen paused, "This is from the legal aspect, from the perspective of human feelings, how do you say that an employee who has been laid off will go back to work?" How will the unit treat her? Whether there will be all kinds of mental abuse or discriminatory treatment is relatively abstract and difficult to say, but there is no doubt that the plaintiff's personal career development will be finished. Therefore, in this case, the plaintiff and the defendant no longer have any conditions for resuming the performance of the contract, and the court is requested to give full consideration to it. “

Judge Wei was obviously listening carefully to the opinions of the plaintiff's lawyer, and when the plaintiff finished speaking, he said, "Now I invite the defendant to express his arguments." Again, the court stresses that the relevant arguments must focus on the issues at the center of the court, and no illegal remarks or personal attacks must be made. ”