"I also heard from a colleague in the legal department that it was said that five old employees were suddenly dismissed by the company, and they were not satisfied and applied for labor arbitration, and the court will be held next week." Liu Yuandao.

"Oh? Labor Arbitration! That shouldn't be a lot of money! After Fang Yi finished speaking, he took a deep puff of smoke.

"I asked for more than a million!" Liu Yuan took a cigarette in his mouth.

cough cough cough ...... After listening to Liu Yuan's words, Fang Yi was choked by the cigarette in his mouth and almost had snot and tears: "More than one million, how can you ask for so much?" ”

"yes, I don't understand. I asked for a copy of the case materials, can you take a look? Liu Yuandao.

Fang Yi was stunned for a moment, and said secretly: Hehe, feelings are waiting for me here, I said that I had a treat for no reason. After eating people's mouths, since they have prepared all the case materials, it doesn't hurt to take a look, and they are idle anyway.

"Okay!" Fang Yi smiled.

Liu Yuan took out the printed case materials from the leather bag and handed them over, Fang Yi took them and looked at them: "Manager Liu, why do you suddenly care about the company's litigation case?" ”

Liu Yuan was stunned for a moment, and immediately said, "Lawyer Fang, don't think about it. I don't have the idea of suing the company for damages. Recently, they talked to me and planned to promote me to vice president next year after the vice president retired. I'm also thinking about the company. ”

He was really afraid that Fang Yi would think crookedly and say something unfavorable to Yu Mantang or Gao Jinlan, if that was the case, his future would be gone, and that would be self-defeating.

"Yo, that's a good thing, no, I have to toast you. Congratulations in advance. Fang Yi picked up the wine glass, saw Liu Yuan's face change color, and added: "That's what I said just now, Manager Liu, don't be too careful." ”

Liu Yuangao's promotion to Fang Yi only has benefits and no harm, and there are many high-ranking and powerful executives in the leasing company who have a good relationship with him, which is a major benefit, and he has to build a good relationship, maybe he will be able to use it one day, and the county officials are not as good as the current management.

"Thanks, Lawyer Fang. But the day I ascend to you, I will never forget you. Liu Yuan's fat face was full of smiles.

After Fang Yi put down the wine glass, he began to read the case file materials, and after a while, he was surprised: "Wocao, there is really no one in your company's personnel department who has this operation method. ”

"What's wrong?" Hearing Fang Yi say this, Liu Yuan immediately had a premonition that this case was not simple, and his eyes were shining.

"The five people in our company have worked for almost four years and six months, and each of them has signed nine labor contracts. That is to say, each employee signs a labor contract every six months from the beginning of employment, and the probation period is either three months (extended for another three months after expiration) and six months. ”

Saying that, Fang Yi took out a person's labor contract and said, "Look at this labor contract called Wu Sanshui."

The first labor contract: the period from January 1, 2009 to August 30, 2014, the probation period is 3 months, on March 31, 2009, the company sent a probationary period extension notice, extending the probationary period for 3 months.

The second labor contract: the period is from July 1, 2009 to August 30, 2014, the probation period is 3 months, and on September 30, 2009, the company sent a notice of extension of the probationary period to extend the probationary period for 3 months.

The third employment contract: the term is from January 1, 2010 to August 30, 2014, and the probation period is 6 months.

The fourth labor contract: the period is from July 1, 2010 to August 30, 2014, the probation period is 3 months, and on September 20, 2010, the company sent a notice of extension of the probationary period to extend the probationary period for 3 months.

The fifth labor contract: the term is from January 1, 2011 to August 30, 2014, the probation period is 3 months, and on March 30, 2011, the company sent a notice of extension of the probationary period to extend the probationary period for 3 months.

The sixth labor contract: the period is from July 1, 2011 to August 30, 2014, with a probationary period of 3 months, and on September 25, 2011, the company sent a notice of extension of the probationary period to extend the probationary period by 3 months.

The seventh labor contract: the period is from January 1, 2012 to August 30, 2015, the probation period is 3 months, and on March 25, 2012, the company sent a notice of extension of the probationary period to extend the probationary period for 3 months.

The eighth employment contract: the period is from July 1, 2012 to August 30, 2015, and the probation period is 6 months.

The ninth labor contract: the term is from January 1, 2013 to August 30, 2016, the probation period is 3 months, and on March 26, 2013, the company sent a notice of extension of the probationary period to extend the probationary period for 3 months.

On June 29, 2013, your company issued a notice of dismissal from Wu Sanshui during the probationary period on the grounds that he was not qualified for the job.

You look at the time setting of the probationary period of the employee's labor contract, and then you will understand! ”

Liu Yuan followed Fang Yi's guidance, took the labor contract and looked at it one by one, and slowly frowned: "Wocao, wocao, it's too TM grandson, the employee has worked for more than four years and has been in the probation period!" It's so TM!

Lawyer Fang, is it legal to sign an employment contract like this? ”

"How many labor contracts are signed in your company like this?" Fang Yi didn't answer Liu Yuan's question, but asked rhetorically.

"I really don't know this, but it doesn't seem that the labor contract of our business department is signed like this. They are all signed for three years, or once a year. Liu Yuan recalled.

"Well, it is definitely not legal to sign a labor contract like this, your company will definitely lose this lawsuit, the compensation is certain, but it may not be so much." Fang Yi said.

"What do you mean by that?" Liu Yuan was confused.

Fang Yi thought for a while and said: "I remember that the second paragraph of Article 19 of the Labor Contract Law clearly stipulates that 'the same employer and the same employee can only agree on one probationary period. ’

The purpose of this clause is to prevent employers from repeatedly "probationing" employees and harming the legitimate rights and interests of employees by strictly limiting the number of probationary periods. Your company's actions are in violation of this provision.

Article 83 of the Law stipulates that 'if an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period. ’

The employees must have consulted with counsel before writing the Arbitration Statement. Compensation for illegally agreeing on the probationary period = monthly salary at the end of the probationary period × the period that has been fulfilled beyond the statutory probationary period, and they use this formula correctly.

However, it is a pity that the lawyer they consulted was not proficient in his work, and when calculating the compensation for the probationary period for illegally agreeing on the agreement, he forgot that the statute of limitations for labor arbitration was one year.

According to the first paragraph of Article 27 of the Labor Dispute Mediation and Arbitration Law, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall run from the date on which the parties knew or ought to have known that their rights had been infringed'.

Wu Sanshui filed an application for arbitration on July 10, 2013, which was pushed forward by 12 months from the date of application for arbitration, and it was impossible for the arbitration commission to support the compensation for compensation that had previously exceeded the one-year limitation period for applying for arbitration. ”

(End of chapter)