This year-long probationary period did surprise Fang Yi, although he is not a lawyer specializing in labor business (county lawyers cannot specialize in a certain field at all, because there is not enough business support, sooner or later they will starve to death), but he has also done several labor cases.

He knows that if the term of the labor contract is between three months and less than one year, the probationary period shall not exceed one month, if the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months, and the probationary period shall not exceed six months for the employment contract with a fixed term of more than three years and without a fixed term. This one-year probationary period is indeed illegal.

"This is all done by the company's previous personnel and legal affairs, in the past few years, the company did not have a legal counsel, only a recent graduate of legal counsel, and the labor contracts were all signed blindly, and then the company had legal counsel, and I asked the legal counsel to sort it out. Maybe this contract forgot to change. Sister Lan said.

"Article 83 of the Labor Contract 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. ’

In our company's case, because the term of the labor contract signed by the two parties is three years, the statutory probation period shall not exceed six months. The probationary period agreed by the parties is twelve months and has been actually performed.

According to the law, our company should pay Chen Dong a compensation of six months' salary, that is, 27,000 yuan. Fang Yi said.

"You mean the money is going to be given?" Sister Lan asked unwillingly.

"Not necessarily!" Fang Yi leaned back on the sofa and smiled.

"I knew you had a way, tell me about it." Sister Lan said happily.

"What I just said was the provisions of the Labor Contract Law on illegally stipulating a probationary period. However, labor disputes are subject to a one-adjudication and two-instance system, which means that they must first go through labor arbitration, and those who are not satisfied with the results of labor arbitration can go to court to file a lawsuit.

According to the first paragraph of Article 27 of the Law on Mediation and Arbitration of Labor Disputes, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been infringed'......" Before Fang Yi's words were finished, Sister Lan stopped him.

"Brother, don't tell me so much about the law, my sister doesn't read much, and she doesn't understand this article and that paragraph, so just speak in the vernacular." Sister Lan said.

"Okay, then I'll put it bluntly, Chen Dong signed the labor contract on July 2, 2010, and the probation period is until July 1, 2011, a total of 12 months.

He shall file an application for arbitration within one year (no later than July 1, 2012) from the date on which he knew or ought to have known that his rights had been infringed (at the latest July 1, 2011).

He only filed an application for arbitration this year, which has already exceeded the one-year limitation period for applying for arbitration, so I don't think it is possible for the arbitration commission to support his request. Fang Yi said.

"That's it! That means I don't have to give him money! Sister Lan let out a sigh and said, "Actually, this money is not too much, the main thing is vindictiveness." ”

"If this case is in the capital, Chen Dong can ask for another sum of money, which is the difference between the salary of the probationary period that has been fulfilled and the salary after being regularized.

I have seen precedents in Beijing where both the labor arbitration commission and the court support the illegal agreement on the wage difference part of the probationary period, but the algorithm may be somewhat different.

However, in judicial practice, Guangdong Province and Zhejiang Province hold opposite views with Beijing, and they do not support the part of the wage difference.

I suspect that the lawyer who recruited Chen Dong has a limited level of expertise, which is why he made such a mistake. Fang Yi said.

"It is also possible that the lawyer wants to get Chen Dong's legal fees. Knowing that it would not work, he still had to encourage him to apply for labor arbitration. Unscrupulous lawyers! Sister Lan said in a cold tone.

Belch...... Fang Yi was stunned. He knew that what Sister Lan said made sense, but as a lawyer, he would feel a little embarrassed to hear the client say this.

"In this way, since you know this case, help you write a reply, and I will let the legal counsel go to court. It's also inconvenient for you to run back and forth in the county and city.

Sister will not treat you badly, I will give you a red envelope as the cost of drafting the reply, no need to go to the account. Sister Lan smiled.

Fang Yi helped Shengfeng Group save 27,000 yuan in less than an hour, Sister Lan is a smart person, in her opinion, this case is simple, as long as Fang Yi writes a reply and sends someone to go. There is no need for Fang Yi to come out, let alone pay lawyer fees.

Fang Yi is also thinking in his heart, this case is so simple, Sister Lan will not pay more lawyer's fees, even if she takes care of her face and entrusts herself to represent her, the lawyer's fee is estimated to be 3,000 yuan, and she will take 20% of the lawyer's fee, the most important thing is that he still has to go to the city to hold a trial, which is not cost-effective.

"No problem, just do as you say. I will write the reply and send it to you in the next two days. Fang Yi agreed. Sister Lan asked someone to make a copy of the case materials for him, and sent someone to send him to the long-distance station.

After Fang Yi got on the long-distance bus, he turned out the red envelope, only to see that there were five big red tickets inside, he knew that this was given by Sister Lan to see her face, generally speaking, it would be one or two hundred yuan to write a legal document in the county that was one or two hundred yuan. Some law firms have vicious competition, and fifty also does.

Needless to say, in the county seat of Ji Province, even in the capital, there are law firms that review a contract or draft a complaint for 50 yuan. Fifty yuan to review a contract, the parties also know that they can't get anything out of the trial, so they are completely comforted.

In the Justice Law Firm, Lee Myung-bak was writing at his desk, ten fingers were rapidly typing on the old mechanical keyboard, the letters on the keyboard had long been grinding and could not be seen, and he was working completely on the muscle memory of ten fingers.

During this time, Chu Huai has been busy developing his business and has done relatively few cases, and Son Masayoshi took good care of the newcomer Lee Myung-bak, and he assigned a few cases to him not long after he came.

This directly led to the dissatisfaction of Zhao Zhongzhong, who had just come out of the gloomy mood, and he found that he had another competitor, there was only one Chu Huai before, and now there is another malnourished lawyer Li. Seeing that half of the case in hand was divided, Zhao Zhongzhong was very unhappy.

He wanted to unite with Chu Huai to suppress the new lawyer Li, but when he thought that Li Mingbo was introduced by Chu Huai, it seemed that this united front could not be established.

He thought of Fang Yi again, but Fang Yi was like a fairy, Shenlong saw the beginning and did not see the end, and the cases signed during this period of time were one after another, as if people were just taking the cases in the institute to take a short time, and they didn't care how the case was divided, as long as it was not too excessive, Fang Yi didn't care.

(End of chapter)