Chapter 168: The Union? The Union Even Manages This Matter?_4
"Only, our side believes that this is, after all, only a procedural flaw and should not affect the act of terminating the labor contract..."
This was the moment for the judge to exercise their discretionary power. Both sides actually had reasons for their arguments; it's just that Zhang Xiangnan didn't articulate the principles of private law.
Old Zhou took a deep breath and then said, "Alright, we will now adjourn temporarily."
After the adjournment, Qi Xinwen looked at Tang Fangjing with eyes full of longing. Indeed, it was Lawyer Tang. Just like her, she never knew the role of the labor union before.
On the other side, Old Zhou had already submitted the case to the adjudicatory committee. Originally, a simple procedure case like this one, he could judge on his own.
But now that wouldn't do; Handan had no precedent, and the judgment on this case could very likely set the tone for Handan.
In the future, at the very least, when dismissing someone, a pretense must be made.
The case wasn't pronounced in court, and Old Tang left the court with his briefcase in a leisurely manner. It was at this moment that he was called out.
"Lawyer Tang, Lawyer Tang!"
Old Tang turned around: "What's the matter?"
He had heard from Qi Xinwen that this legal officer seemed to have a very nasty character, even provoking Meng Yongqi to his face previously.
However, he saw Zhang Xiangnan pull out a piece of paper and a pen, with a certain expression on his face: "Um... Lawyer Tang, could you give me your autograph?"
Ah... What? Qi Xinwen looked dumbfounded. She had already imagined the whole scene in her mind – this legal officer provoking Lawyer Tang, and then getting a proper retort from Lawyer Tang.
And you chased after me just for an autograph?
Old Tang also showed a bit of astonishment, and with bewilderment, he signed for the other party. Then he watched as the legal officer left with a hee-hee laugh.
He quickly shook his head. The young people these days are hard to understand, although he himself also looked young, but his mental age was much older.
He returned to the law firm's office all the way.
On the other side, Meng Yongqi, after reading the message from Qi Xinwen, was stunned as if he had encountered a time-stop skill, for a full minute.
The message said that the legal officer provoked him only to see Lawyer Tang for an autograph. Lawyer Tang had pointed out during the trial that the other side's dismissal action hadn't gone through the labor union and had said a lot. It seemed like it was likely to win.
He had previously given Qi Xinwen money, asking her to inform him after the trial.
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But it turned out to be like this; Meng Yongqi had actually become a stepping-stone.
Why hadn't he thought of the labor union regulation...
But reality was such that although ten thousand volumes of books could be falsely taught, a single truth could be truly conveyed. Sometimes it's just a membrane that needs to be pierced to discover a whole new world.
The adjudicatory committee of the Bright District had once again been put through the wringer. These are now happy worries; the cases they had never seen before were now arriving one after another.
But it was hard to ask for advice again. Relying on inquiries to judge a case would be embarrassing if it got out.
After fully considering Old Tang's opinions and referring to similar judgments in coastal provinces, the adjudicatory committee of the Bright District made a decision, supporting Tang Fangjing's viewpoint!
Because they believed that his side made more sense, and at the very least, the original intent of the legislation was just so. As a judicatory organ, the court must clarify one thing: the law cannot yield to unlawfulness!
Two days later, the court reconvened, and Old Zhou read the verdict.
"The court believes that Article 43 of the Labor Contract Law is aimed at balancing the legitimate rights and interests of employers and employees, to prevent employers from arbitrarily terminating labor contracts by unilaterally citing the violation of labor discipline and regulations by the employee..."
The verdict from Guangming District Court this time was particularly long, taking a lengthy part to reason and explain the significance of such a judgment and stressed the unique aspects of the labor domain.
This isn't something that can be rebutted by simply saying "in private law, what is not forbidden by law is permitted."
Along with Zhang Xiangnan, there was also a vice president of the company who was dazed listening to the verdict. The other side had actually invoked the labor union to make a big deal out of it.
When the verdict was pronounced, the company declared in court that it would appeal, but in Old Tang's view, it was probably just a procedural formality.
Although this case wasn't involved with a mission, he still planned to post it online, mainly to create a bigger public opinion in Handan and promote the legislative work of the related parties.
In his opinion, the law is best not to exist in a grey area, just like the previous shenanigans of the food delivery platforms. You have to define things clearly for people; you can't get rid of it with a "new business model."
The struggle continues.