Guangzhou Panyu: Judge Fire Eye Gold Conspication Corporation Corporation Assisting the Party to get labor compensation

"Thanks to Judge Chen, I can get labor compensation smoothly." Recently, He Moumou, the party of the Panyu Court case, sent the banner of "Fire Eye Golden Eyes" to the people of Chen Yumei, a judge of the first court, expressed his ability to handle the case for Judge Chen The recognition and gratitude of the fair and efficient referee.

The parties send Jinqi to the judge

He Moumou was an employee of a clothing company and later had labor disputes with the company. He applied to the arbitration agency for labor arbitration, requesting to confirm that he had a labor relationship with the clothing company, and paid the wages arrears to him, and the second labor contract that did not sign a written labor contract. Metropolitan wage differences and compensation for liberating labor relations. After trials of the Panyu Court, the arbitration agency supported He Moumou's relevant proposals and ruling the company's pay for He Moumou's pay for a total of more than 50,000 yuan. The company did not accept the results of the arbitration and sued the court, requesting confirmation that the company had no labor relationship with the defendant He Moumou, and ordered the company to pay the above fee without paying the above fee.

In view of the type of labor disputes in the case and the arbitration procedure, the Panyu Court has diverted the case into a high -tech center through the "complexity and simplification" mechanism, and applied to the pre -compliance co -adjustment mechanism to mediate first. During the mediation process, the mediation officer found that the plaintiff did not sign a written labor contract during the arbitration stage, but when prosecution, a written labor contract could be issued. Under the premise of the contract, the company actually took out a temporary work contract agreement, which was obviously inconsistent with common sense, and He Moumou said that he had not signed any labor contracts and other materials.

The mediation officer then reflected the situation to Chen Yumei, the clerk. Judge Chen summoned the company to accept inquiries in court. The company insisted that the labor contract, the temporary work contract agreement, and the resignation book were signed by He Moumou himself and asked for writing to identify them. The plaintiff company presented evidence that He Moumou signed a labor contract, temporary work contract agreement, resignation book, attendance table, and salary bar. In this regard, He Moumou said that the signatures on the above evidence were not written by himself, and showed his reserved attendance table photos and a copy of the salary bar to prove that the company provided false evidence. The two parties have their own words. Disputes in cases are likely to enter the judicial appraisal procedure, which consumes more time and energy of the parties.

Judge Chen carefully compared the attendance table and salary provided by the two parties, and found that the photo of He Moumou submitted in the company was taken in the company before the incident. It is conflict before and after the expression, so Judge Chen infer that the company may be suspected of forgery of evidence. As a result, Judge Chen sent the plaintiff's legal representative Lin Moumou and the agent of the agent of the lawsuit, Yang Mou solemnly informing the forgery of evidence and false statements that might assume serious legal consequences, and asked the parties to lit. Hearing the legal consequences that may be assumed, the agent Yang said that he needs to communicate further with the client. After a long negotiation with the client Lin Moumou, the two admitted to the court that during the period of the epidemic More than 50,000 yuan will make the company's finances worse, and they have to make relevant evidence by themselves, and want to change the case. Lin Moumou and Yang regretted it and expressed their willingness to reach a mediation with the defendant, asking the defendant for forgiveness, and hoped that the court would deal with it.

After negotiating between the parties of the two parties, He Moumou forgive the company. The two parties agreed to pay 10,000 yuan to He Moumou on the same day and pay 30,000 yuan within a month.

In view of the good attitude of Lin Moumou and the agent Yang Mou, he has obtained the defendant's understanding and reached a mediation with the defendant, and the plaintiff company has already operated difficulties, and then imposing property punishment will not help the company's debt and normal operation. The two were exempted from punishment after a commandment.

Afterwards, the company paid the remaining 30,000 yuan according to contract. Lin Moumou and agent Yang submitted a review letter to the court, deeply reflecting on the behavior of forging evidence and waste of judicial resources. guide. At this point, the labor dispute was applied to the pre -compliment mechanism in the case of the complaint mechanism efficiently in less than a half months, and achieved good legal effects and social effects.

From January to July 2022, the Panyu Court successfully resolved 7,835 disputes by the pre-complaint. In the next step, the Panyu Court will continue to give full play to the advantages of simple and typical disputes in the pre -complaint mechanism, and strive to enhance the people's sense of judicial gain and happiness.

Source: Panyu Rong Media Reporter Deng Fang / Correspondent Guo Haokun

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