Grassroots lawyers also have their day

You can't blame Zheng Yi for being too pragmatic. He has to eat and pay rent too. Even a hero can't save a penny! It's not easy being a good person these days!

"When I was hired, the boss promised me 1,500 yuan a month, but after deducting food, drinks and social security, I only received a little over 800 yuan. I didn't sign any contract," Liu Baoan said.

Zheng Yi nodded, looked at Wang Chuan, and said, "You heard that, right? Are you still going to take this case? We probably can't even afford the lawyer fees."

"Have you ever been to a legal aid center? They can help people with their cases for free!" Wang Chuan asked.

"I went, but they said I didn't meet the requirements," Liu Baoan nodded.

"Before I came here, I went to several law firms, but they all said they couldn't handle it and that I couldn't win the case... If there's no way to win, I'm not going to fight the case anymore and I'm going to go straight back to my hometown. I'll just consider it a waste of my son's time." Liu Baoan was seething with anger. His meaning was clear: everyone said they couldn't do it, so let's see if you can. We're just trying anything, even if it seems hopeless.

"Mr. Liu, how about this, we'll look into your case. I'll make a copy of this notice; please keep the original safe. Please leave your phone number. Regardless of whether it can be done or not, I'll call you tomorrow to let you know. Just wait for news at home."

"Is your place far from us?" Wang Chuan asked.

"It's not too far, only about half an hour away. Okay, I'll wait for your news." Liu Baoan left the law firm, thanking him profusely.

"Xiao Wang, are you really going to take this case?" Zheng Yi felt that the chances of winning this case were slim, so he didn't want Wang Chuan to take it.

"Let me take a look first, just in case there's an opportunity!" To be honest, Wang Chuan was also completely clueless and didn't know where to start. He decided to check the legal provisions first.

In the afternoon, Comrade Lao Niu returned, and Wang Chuan followed him into the office. About half an hour later, Wang Chuan emerged.

"How did it go? Did the director agree?" Zheng Yi asked in a low voice.

"The director said that if it can be done, he can make an exception and charge a lawyer's fee of 1,000 yuan. It all depends on whether the other party agrees." Wang Chuan felt that the other party was unlikely to agree.

Old Niu's exact words were: "Everyone has their difficulties, so let's help each other out if we can. But we still need to charge the lawyer's fee, at least 1,000 yuan. If you can take on the role, you can follow along; consider it practice!"

In Lao Niu's opinion, even a mosquito's leg is meat. The firm is currently not fully occupied, so it's good to find something for the intern lawyers to do and earn some income.

"Do you have any leads on this case?" Zheng Yi asked.

"I'm not sure yet. Could you help me check it out later?" Wang Chuan said hesitantly.

Near the end of the workday, Wang Chuan pulled Zheng Yi and Fatty Wan into Director Niu's office. Wei Ping and Pan Jinlian followed them in.

"Director, as you instructed, I have invited Attorneys Zheng and Wan." Wang Chuan said to Comrade Lao Niu, who was sitting in his office chair reviewing case files.

"Alright, let's treat today as an internal exchange meeting. Xiao Wang is eager to learn, and young people are ambitious; we should give him a hand!" Director Niu said a few polite words.

Wang Chuan pulled a whiteboard to the front, gave a brief overview of the labor dispute case they had discussed that day, and then wrote down the key information about the case on the whiteboard.

"This afternoon I checked the Labor Contract Law. Article 44 of it states the circumstances under which a labor contract may be terminated, including: (1) the labor contract expires; (2) the employee begins to enjoy basic old-age insurance benefits in accordance with the law; (3) the employee dies, or is declared dead or missing by a people's court; (4) the employer is declared bankrupt in accordance with the law; (5) the employer's business license is revoked, it is ordered to close down, it is dissolved, or the employer decides to dissolve in advance; (6) other circumstances stipulated by laws and administrative regulations."

However, Mr. Liu's situation in this case does not meet any of the above conditions.

I also checked Article 39 of the Labor Contract Law, which lists six circumstances under which an employer may terminate a labor contract (I won't go into detail to avoid padding the word count).

According to the notice sent to Mr. Liu by the company, the company intends to terminate its employment relationship with him. However, strictly speaking, Mr. Liu was absent without leave, which should be considered a case of "termination" of the employment contract, not a case where the employment contract can be "terminated." Therefore, I think we can file for rescission and request the continued performance of the employment contract." Wang Chuan finished speaking and looked at everyone present.

"I think that although the law stipulates two situations, termination and dissolution of the labor contract, the parties involved may feel that they mean the same thing. If we follow Wang Chuan's suggestion for litigation, wouldn't the risk be too high? We might not get support?" Pan Jinlian reacted quickly.

"Yes, that's possible," Director Niu nodded.

"I think there is still a possibility of it being supported. Although the effect may be the same, there are still differences. If terminating an employment contract and rescinding an employment contract are the same thing, then the Labor Contract Law would not need to make this provision."

I understand the word "termination" to mean that the labor relationship between the two parties has to end due to objective reasons, and it carries a sense of passivity and helplessness. The word "dissolution," on the other hand, is more proactive and is an action taken by both parties.

As a legitimate employer, a company should have relevant professional staff and understand the legal difference between these two terms, as well as the relevant regulations. Therefore, I support Wang Chuan's opinion.” Wei Ping strongly supported her senior colleague.

"Yes, that makes some sense," Director Niu nodded.

Everyone turned to look at Director Niu, who looked up at the many eyes staring at him, completely bewildered: "Why are you all looking at me?"

"Director! You have to give your opinion, you can't just try to smooth things over like this!" Zheng Yi said with a wry smile.

"Ah! Xiao Zheng, what's your opinion? And Xiao Wan, what's your opinion too?" The director turned the tables and threw the question back to Zheng Yi.

"Now that the two sides have fallen out, after Wang Chuan finished speaking, I thought about it and felt that there was still a chance of winning. We could give it a try, but the other side's salary is too low, and they probably can't afford the lawyer's fees."

"Furthermore, if the arbitration or court supports our position and requires continued performance of the labor contract, how will we continue working? Will the company then terminate the labor relationship on the grounds of absenteeism and fire the client? I think it's very likely. It's better to negotiate a settlement, take the money, and leave," Zheng Yi said.

"Yes, that's what I think too. Since it's already gone to labor arbitration, can both parties still continue to perform the labor contract? Or is it better to take the money and leave?" Fatty Wan nodded.

"Hmm, I think we can do that."

Regarding the legal fees, since the client has already come to us and we have a solution, we can't let him leave. We can charge 1,000 for the labor arbitration stage, and 2,000 for the court hearing, with a 50% reduction for the second instance.

"If the other party doesn't agree, we can draft the application for them, and we'll charge them 200 yuan to write a labor arbitration application." The director made the decision as soon as he spoke.