Judge Wei said, "Please recuse yourself from witnesses. The pen "Fun" Pavilion www.biquge.info "The bailiff opened the door of the courtroom, Wen Shuqing walked out, and Situ and the others looked anxiously outside the door. After waiting for too long, a little anxious, Situ looked at Lawyer Zhang, Lawyer Zhang shook his head, signaling them to wait for a while. The bailiff closed the door, and lawyer Chen applied for a second witness to appear in court, and after both lawyers had finished questioning and questioning, Judge Wei announced, "Now the defendant is invited to present evidence and witness testimony to this court." ”

"The presiding judge, the defendant has a total of seven pieces of evidence and two witnesses who testified in court. The first piece of evidence is the employment contract signed by the defendant and the plaintiff, which proves that there is a legal employment contract relationship between the plaintiff and the defendant. The second piece of evidence was the notice of termination of the employment contract signed by the plaintiff, which the plaintiff did not object to when she signed the notice and did not inform her of the fact that she was pregnant. The third piece of evidence is the record of the conversation between the defendant company and the plaintiff at the time of the layoff of the plaintiff, which proves that the plaintiff did not mention the fact of her pregnancy to the defendant during the whole conversation, so the defendant has no reason to know the fact that the plaintiff is pregnant. ”

Speaking of this, lawyer Zhang glanced at the clerk, and the clerk nodded at him, indicating that there was no problem with this speed, so lawyer Zhang continued, "The fourth evidence is that after the plaintiff notified the defendant that she was pregnant, the defendant immediately conducted an interview record with the plaintiff, which was signed by the employee of the defendant's unit, and informed her that because of a major misunderstanding, the defendant revoked the original resolution to terminate the labor contract and let her return to work immediately, with the same job position and salary, and everything continued to be implemented in accordance with the original contract.

Lawyer Zhang breathed a sigh of relief and waited for the clerk to take notes before continuing, "The fifth piece of evidence is that the defendant sent the plaintiff's EMS, because the defendant refused to sign after the interview, so the defendant immediately sent an EMS notice to the plaintiff, the content of which is the same as the content of the interview, informing the plaintiff to revoke the resolution to terminate the contract, implement it in accordance with the original labor contract, and continue to work, with the same job position and salary. The sixth piece of evidence was the plaintiff's resignation form, which proved that the plaintiff had not declared the fact of her pregnancy to the company after completing the resignation procedures. “

Lawyer Zhang paused for a moment and gave the clerk a record of time before he said, "The seventh piece of evidence is the notice of approval of the defendant's layoff by the SZ Municipal Labor Bureau to prove that the defendant's layoff was carried out in full accordance with the procedures prescribed by law and was lawful. The defendant applied to the court for permission to call witnesses to testify. ”

Judge Wei said, "Come one by one, bailiff, please notify the defendant witness Situ Wenwen to testify in court." The bailiff opened the door and said, "Who is the defendant's witness Situ Wenwen, please testify in court." ”

When Situ heard his name called, he couldn't help but feel a little nervous when he knew that he was going to go in to testify. It's the first time in my life to go to the courtroom, and in such a serious place, I really can't think about it without being nervous. She took a deep breath and looked at Zhuo Shuo, Zhuo Shuo raised his hand comfortingly and patted her on the shoulder, and Situ walked in. The bailiff followed behind and guided her to the witness stand, and then went to close the courtroom door.

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

Wen Shuqing replied, "My name is Situ Wenwen, born on September 19, 1972, registered in AQ City, AH Province, and now I work for Guangyao Real Estate Development Company. ”

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

Lawyer Chen replied, "The plaintiff has no objection, and the plaintiff 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?" ”

Situ Wenwen said, "Understood. ”

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

Judge Wei said, "Ask the defendant to question the witnesses. ”

Lawyer Zhang asked, "Witness, do you and the plaintiff work in the same unit?" What relationship? “

Situ Wenwen said, "Xiao Hong and I both work in the sales office of Guangyao City, I am her leader, she is my subordinate, and we are superiors and subordinates. “

Lawyer Zhang asked, "Do you know why the plaintiff was laid off?" “

Situ Wenwen said, "I know. Because the entire property market is now depressed and there is basically no sales, the company applied to the labor management agency for layoffs in order to survive. Xiao Hong belongs to the second batch of layoffs. “

Lawyer Zhang asked, "As the plaintiff's superior, do you know about her marriage?" “

Wen Wen replied, "I don't know about Xiao Hong's marriage, she was recruited by me, and I met her during the interview." She was single at the time, because she didn't tell me or tell the rest of her colleagues, so the whole project and even the whole company didn't know that she was married. “

Lawyer Zhang asked, "When the plaintiff was laid off, did he declare to you that he was pregnant?" “

Wen Wen said, "No, Xiao Hong never told me that she was pregnant. It wasn't until the third day after she had completed the resignation procedures that she came to me and gave me a certificate from the hospital that she was pregnant. I immediately informed the company, and the company had an appointment with her the next day. “

Judge Wei said, "Witness, be careful with your words, and don't expand on the questions you don't ask. “

Lawyer Zhang said, "Okay, our witnesses will pay attention. “

Then he said to Situ, "What did the company say to the plaintiff during the interview?" “

Wen Wen listened to Judge Wei's words, blushing a little, she thought for a while, organized the language, and said, "The human resources informed her in person to cancel the original layoffs and let her come back to work, and the job and salary remain unchanged, mainly that's all." “

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

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

Lawyer Chen stood up, walked up to Situ Wenwen, and asked, "Witness, has the plaintiff completed the resignation procedures with the defendant?" ”

Situ Wenwen said, "It's done." ”

Lawyer Chen asked, "According to your company's practice, has the plaintiff terminated the contract with your company in this case, that is, after signing the resignation form, it has nothing to do with your company, just go home and wait for your company to pay wages next month and transfer the relevant compensation and compensation money to the card?" ”

Situ Wenwen said, "Yes, after she signed the resignation form, according to the company's practice, she has nothing to do with the company." Situ Wenwen still wanted to say, but Lawyer Chen didn't give her a chance, turned to Judge Wei and said, "Presiding judge, there is no problem with the plaintiff." ”

Judge Wei said, "Ask the witness to come down and call the next witness to appear in court." Situ stepped down from the witness stand, the bailiff opened the door, and Zhuo Shuo was already standing at the door, and it seemed that he was also in a hurry. Situ patted Zhuo Shuo's shoulder and whispered, "It's okay, just do as you say." Zhuo Shuo nodded to Situ, indicating that he knew, and entered the courtroom.

Judge Wei walked through the procedure again, and the lawyers on both sides began to ask and question, which was basically the same as asking Situ, and when Zhuo Shuo came out, this guy was all excited, and said to Situ, "Oh, it's really exciting, it's the first time I've appeared in court, and I actually said that." Situ Nunu mouthed, signaling Zhuo Shuo to pay attention to the image, the witnesses on the other side are still there, and they are all the people you are looking for, don't lose your face.

Zhuo Shuo reacted suddenly, a little embarrassed, scratched his head, didn't say anything anymore, and waited quietly with Situ for them to come out. After the four witnesses had testified, Judge Wei announced, "Now, entering the stage of cross-examination in court, this court now emphasizes that cross-examination is only aimed at the authenticity, legality and relevance of the evidence, and if you have any other opinions, please elaborate in the courtroom debate stage." First, ask the defendant to cross-examine the plaintiff's evidence and witness testimony. ”

Lawyer Zhang listened, organized his language, and said, "There is no objection to the plaintiff's first evidence. There is no objection to the authenticity of the second evidence and the authenticity of the third evidence, but there is an objection to the plaintiff's assertion that the plaintiff's average income reached 4,100 yuan. “

Speaking of this, lawyer Zhang paused and waited for the clerk's record to be completed before continuing, "The third piece of evidence of the plaintiff is the plaintiff's bonus income, which cannot be fixed as a bonus income for salespeople, so it cannot be concluded from the bonus income of the New Year that the average salary of the defendant cannot be drawn, and the plaintiff, as a salesperson, can only calculate the income level according to the basic salary if there is no sales performance, which is a common practice in the industry, and it is unfair to the defendant if the plaintiff's past sales performance is calculated as the average salary of the plaintiff." There is no objection to the plaintiff's fourth piece of evidence. ”

Judge Wei said to the defendant, "Please cross-examine the evidence provided by the plaintiff to this court, this judge emphasizes here again, this is the stage of court cross-examination, please only cross-examine the authenticity, legitimacy and relevance of the evidence, and other argumentative points should be put forward in the court debate stage." ”

"Okay, presiding judge. The defendant had no objection to the plaintiff's first evidence; There is no objection to the second piece of evidence; The third piece of evidence was unilaterally produced by the plaintiff, and although the defendant signed it, it still had no ability to resist under the circumstances, so the plaintiff raised objections to the validity of this evidence, which is open to discussion; The fourth piece of evidence, which the plaintiff did not sign at all, was unilaterally produced by the defendant, and the court was asked to consider its validity, and the plaintiff raised objections to its legality, authenticity and relevance. “

Lawyer Chen looked at the clerk and paused before continuing, "The fifth piece of evidence was issued unilaterally by the defendant, and the plaintiff disputed its legality. The plaintiff's cross-examination was completed. There is no objection to the sixth and seventh pieces of evidence. ”