Me! A disgraced celebrity! Starting by seeking justice for impoverished students.
Chapter 250 Acknowledges the facts, but not the conclusions!
As Jiang Chen finished speaking, Zhou Min sat beside him, her fingertips tightly gripping the hem of her clothes, her eyes slightly red.
These grievances had been bottled up inside for too long, and finally they were laid bare in court!
A low murmur arose from the audience.
Most of the comments expressed sympathy for Zhou Min and disdain for the company's actions.
The chief arbitrator nodded slightly and looked at the respondent's seat: "The respondent shall respond to the applicant's arbitration request and factual grounds."
Zheng Kun calmly stood up, adjusted his glasses, and spoke in a steady tone.
The respondent's response is as follows.
"First, we disagree with all of the applicant's arbitration claims!"
"Secondly, the respondent does not acknowledge any of the factual grounds asserted by the applicant!"
He completely rejected Jiang Chen's application.
"First of all, this job adjustment is a normal adjustment to the company's business structure."
"Due to staff optimization in the company's administrative department and a shortage of manpower in the logistics and warehousing positions, the company has made unified adjustments to the personnel in some positions based on production and operation needs."
"This is not targeted at the individual applicant; it falls within the scope of the company's legally protected right to independently manage its workforce!"
Upon hearing this, Zhou Min's expression tightened.
As soon as the other party spoke, they categorized her job transfer as normal.
"Secondly, there is sufficient factual basis for the applicant's request to change positions."
"The applicant has failed to meet performance evaluation standards for two consecutive months, has made frequent oversights in his work, and is not competent for the position of administrative specialist."
"The company has a complete performance appraisal system, job descriptions, and evaluation records to prove that the job transfer procedure was legal and compliant, and there was no so-called 'malicious targeting'!"
"Third, the salary difference is due to different job compensation standards, not a unilateral salary reduction."
"The logistics position follows the same salary system as other logistics positions, and all employees in the same position in the company are paid according to the same standard. There is no salary discrimination against applicants."
"Applicants' attendance failures and deductions for personal leave are all handled in accordance with company rules and regulations, and are verifiable!"
"Finally, the applicant's claim of 'forced resignation during pregnancy' is purely subjective conjecture and has no supporting evidence whatsoever."
"The company was unaware of the applicant's pregnancy. The job transfer occurred before the applicant became pregnant, so there was no discriminatory treatment against pregnant female employees."
"In conclusion, the applicant's arbitration request lacks factual and legal basis, and we request the arbitral tribunal to dismiss it entirely in accordance with the law!"
This defense was flawless, packaging all the actions as "normal business management" and completely absolving the core suspicion of "pregnancy discrimination"!
Zhang Lanlan sat next to her, slightly raising her chin, a smug look on her face.
It seemed as if victory was already in their grasp.
Zhou Min was so angry that her body trembled slightly.
What does it mean to not know you're pregnant?
What does it mean to fail to meet performance targets?
They're all blatantly lying!
Just as she was about to speak, Jiang Chen gently pressed her arm, signaling her to calm down.
Jiang Chen sat in the applicant's seat, his expression completely calm.
He knew that no matter how eloquent his oral defense was, it was useless.
Whether it's true or false, the evidence will tell.
The real test will be in the subsequent presentation and examination of evidence.
"Based on the arguments presented by both parties, this court summarizes the key issues in dispute in this case as follows."
The chief arbitrator calmly swept his gaze across the room and clearly announced each point.
"First, whether the respondent's decision to transfer the applicant to a different position and reduce their salary is legal and falls within the scope of the company's normal business operations."
"Second, whether the respondent has engaged in discriminatory employment practices against pregnant female employees."
"Third, whether the applicant's claims for wage arrears, attendance deductions, and severance pay have factual and legal basis."
Do either party have any objections to the above-mentioned points of contention?
Jiang Chen slowly stood up: "The applicant has no objection."
Zheng Kun also stood up, his tone calm: "The respondent has no objection."
"Alright." The chief arbitrator nodded slightly. "Now we will proceed to the evidence presentation and examination phase."
"The applicant shall first present the evidence, explaining its source and purpose, and the respondent shall then provide its opinions on the authenticity, legality, and relevance of the evidence."
As soon as he finished speaking, all eyes turned to the applicants' seats.
Chen Qiaowei spread out the evidence book in order, and Jiang Chen got up and picked up the first set of materials.
"The applicant presented the first set of evidence, consisting of three documents related to the employment relationship and salary standards."
"First, the original copy of the employment contract signed between the applicant and the respondent; second, the applicant's employment registration form; third, the applicant's bank statement showing salary transactions for the past twelve months."
"The purpose of this evidence is, firstly, that the applicant was employed by the respondent as an administrative specialist, and the employment contract stipulated a monthly basic salary of 8000 yuan."
"Secondly, the applicant has been employed for nearly three years and has received a fixed monthly salary of 8000 yuan. There is no so-called 'performance-based variable salary,' and the respondent's claim of 'salary reduction for unsatisfactory performance' has no institutional basis."
The court clerk passed the evidence to the arbitration tribunal and the respondent.
The chief arbitrator flipped through two pages, indicating to the respondent that they should examine the evidence.
Zheng Kun calmly began, "The respondent shall provide his/her comments on the first set of evidence."
"We have no objection to the authenticity and legality of the employment contract, employment registration form, and pay slips, but we object to their relevance and purpose as evidence."
"This set of evidence can only prove that there was a labor relationship between the two parties and the original salary standard, but it cannot prove that the job transfer and salary reduction was illegal."
"After the job adjustment, the salary standard changes accordingly, in accordance with the company's salary management system, and is not related to the original salary standard!"
In a single sentence, they distanced themselves completely, acknowledging the facts but not the conclusion!
Zhang Lanlan sat beside her, a slight upturn of her lips revealing a hint of disdain.
Jiang Chen remained expressionless and picked up the second set of evidence.
"The applicant presented the second set of evidence, which consisted of four documents proving the facts of the job transfer and deductions."
"First, the original 'Job Adjustment Notice' issued by the respondent; second, the audio recording and transcript of the communication between the applicant and the HR supervisor Zhao Juan; third, the applicant's attendance records after the job adjustment; and fourth, the payslip for the first month after the job adjustment."
"Secondly, in the recorded communication, HR clearly stated that 'the job transfer is a company decision and there is no room for discussion,' which confirms the unilateral and mandatory nature of the job transfer."
"Third, after the job transfer, the base salary was reduced to 5600 yuan, a decrease of 30%. A normal prenatal checkup was treated as personal leave with a deduction of 520 yuan, and the full attendance bonus was withheld. The respondent is indirectly forcing the applicant to resign voluntarily through salary reduction and strict attendance measures!"
This set of evidence directly points to the core illegal facts, and a murmur immediately arose in the audience.
Zheng Kun frowned almost imperceptibly, clearly not expecting Jiang Chen to have such solid evidence.
But he remained calm and immediately began to question the witness.
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