Fang Yi took the case file, and after returning to the workstation, he was flipping through the materials, and not long after the front desk ran over: "Lawyer Fang, the director said that the labor case that I took on Friday was handed over to you, right?" ”

"Yes, I just got the case file, what's wrong?" Fang Yi asked suspiciously.

"The person is here, and it's in the conference room." Front desk road.

"Okay, I'll go over right away." After Fang Yi put away the case file, he took a pen and paper to the conference room.

When Fang Yi entered the door, a polite man in his thirties, combing his hair parted, was sitting on a chair and looking at the brochure of the law firm in his hand.

"Hello, you are Mr. Fan Yinuofan. I am lawyer Fang Yifang. Fang Yi smiled.

"Hello, I'm Fan Yinuo." The man got up and shook hands with Fang Yi and said.

"Please sit down, I am in charge of your case, can you tell me what happened? The more detailed, the better. Fang Yi said seriously.

"I came here last month, I used to work in a vocational education and training company in the city, but then because of the limited room for growth, I had the idea of leaving my job and submitted a lot of resumes.

Later, a teaching and training company called Tomorrow's Star recruited the principal of the branch area, and after three rounds of interviews, I received an offer from the company. The salary we negotiated was 7,000 yuan per month, a probationary period of 5,600 yuan, and a three-year contract with a probationary period of six months.

I mainly like the position of principal, which will be good for my future development. Let's build up some experience. Then I went through the resignation procedures.

At the beginning of the month, when I went to the county to go through the entry procedures at the company, I was told that the salary standard was reduced to 4,000 yuan for the probationary period and 5,000 yuan for the regular salary. Fan Yinuo said angrily.

"This salary is different from what I talked about before?" Fang Yi said.

"That's right, I took a salary cut for no reason, I definitely won't do it, I don't do it, it's too dishonest.

Later, I went to apply for labor arbitration, but the labor arbitration gang was the same as the company, and they did not accept my case and issued me a "Notice of Inadmissibility".

When I came over for a consultation last Friday, I forgot to bring it, and this time I brought it. You see. Saying that, Fan Yinuo handed a "Notice of Inadmissibility" issued by the arbitration commission to Fang Yi: "Lawyer Fang, do you think I can win this case?" I consulted with several lawyers, and they said that I did not have an employment contract and was not protected by labor laws. ”

"Well, that's not entirely true." Fang Yi thought about it.

"What do you mean?" Fan Yinuo looked at Fang Yi suspiciously, not knowing what he meant.

"It's true that you didn't sign a labor contract with Rising Star, right?" Fang Yi asked.

"Well, I'll admit, I really didn't sign an employment contract with the company." Fan Yinuo said.

"So, from this point of view, the lawyer is right, but if you don't sign an employment contract, you don't necessarily have to be protected by the law." Fang Yi said.

"Oh? How do you say that? Fan Yinuo said curiously.

"First of all, you resigned from your original employer because you agreed with the other party on salary and other benefits after the interview was successful, right?" Fang Yi asked.

"That's right." Fan Yinuo said in his heart: This is not nonsense, I just said it.

"Secondly, you didn't sign an employment contract with the new company because the new company unilaterally lowered the salary, so you didn't want to sign a contract with them, right?" Fang Yi continued.

"Well, it does. Actually, it's not that I dislike the low wages they give, but I don't like their warlord style, and they can change what they talk about, and they don't have the spirit of contract at all. The order changes day by day, and working in this kind of company is not steady. Fan Yinuo said.

"I believe that in your case, the liability for contractual negligence under Article 42 of the Contract Law can be applied.

According to Article 42 of the Contract Law, a party shall be liable for damages if it causes losses to the other party under any of the following circumstances in the process of concluding a contract...... (3) Other conduct that violates the principle of good faith.

This behavior of the company is obviously in violation of the principle of good faith, so you can ask the court to order the company to bear the liability for compensation based on the above provisions. Fang Yi said.

"Oh, that's right. Professional, or you professional. Fan Yinuo was like an initiation, and then asked, "How much can I ask the other party to pay in this situation?" Can you give tens of thousands? ”

Tens! What do you think? Fang Yi sneered in his heart.

"Judging from the current judicial practice, it may not reach the number you requested." Fang Yi said.

"How much can I compensate?" Fan Yinuo hurriedly asked.

"The general situation is one to two months' salary, which of course is at the discretion of the judge." Fang Yi said.

"In other words, there is no law on how much to sentence, it all depends on the judge's mood, right?" Fan Yinuo said.

"Pretty much, it's at the discretion of the judge." Fang Yi said.

Fan Yinuo thought for a while and said: "That's okay, anyway, you can cover the lawyer's fees I paid, just don't pay for it." I'm just going to be angry, educate them, and don't take employees too seriously. ”

Fang Yi asked Fan Yinuo to sign the case record, and agreed to go to the court to file the case the next afternoon, and then sent Fan Yinuo away.

In the case filing division of the district court, after Fang Yi and Fan Yinuo finished the case, Fang Yi went outside to smoke and wait for him, and Fan Yinuo took the ticket to the payment window to line up to pay the litigation fee.

Fang Yi was standing under the tree, thinking about his thoughts while smoking, when suddenly a woman's voice sounded behind him: "Hello, you are a lawyer!" ”

Fang Yi pinched his cigarette and turned to look, only to see a woman in her twenties holding a month-old child in her arms, looking at him with a sad face, with a look of pleading in her eyes.

Her hair was a little disheveled, and the skin on her face was rough and faintly wounded. From what she wears, it can be seen that her life should not be too rich.

"Is there anything wrong with you?" Fang Yi looked down at the briefcase in her hand, leather shoes, trousers and shirt, and speculated that she must have guessed that she was a lawyer from her outfit.

"I'd like to ask you to help me write a divorce complaint." There was some dampness in the woman's eyes.

Fang Yi pointed to the case filing court and said, "There is a free petition in it, you can go inside and ask them to write a copy for you." ”

There are personnel who provide free legal services in the case filing court, most of whom are law students in colleges and universities, who are here to increase social practice, and of course, the court sometimes arranges interns to be on duty to guide the parties in preparing litigation materials.

"I went, but the police at the gate wouldn't let me in." The woman said with a sad face.

"Why?" Fang Yi was puzzled.

"They said that they couldn't go in with the child in their arms to file a case, so I had to go in alone. I looked through the window just now, and the people who wrote the complaint were young students, and I was afraid that they would not be able to write it well, so I ......

I would like to ask you to write a complaint and I will come back tomorrow to file a case. The woman looked expectant.

(End of chapter)