Because of the labor dispute, I sued the original unit for labor arbitration in Laishan, Yantai. The facts were clear, the case was clear, and the relevant evidence was sufficient and conclusive. As long as the laishan arbitration commission decides according to law, I will win. It can be said that there is no suspense, but anyone who knows the law can come to this conclusion. But the trial of this case can be described as "innovative and wonderful", which is really eye-opening and jaw-dropping!
1, the trial is seriously overdue.
According to Article 43 of the Arbitration Law, the arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days.
However, the case was put on file on May 5, 20 10, and the first trial was arranged on August 2, 20 10, and the trial ended on February 29, 20 10. This time span is legendary in the country!
2. Delay in adjudication
The trial ended on February 29th, 20 10, and the ruling was delivered on February 29th, 20110, 14.
An ordinary labor dispute case, from filing to receiving the ruling, has gone through eight months, almost comparable to a woman pregnant in October! Laishan labor arbitration is unprecedented! A case needs to span spring, summer, autumn and winter!
3. The execution procedure is illegal.
It is clearly stated in the notice of hearing that the arbitration tribunal is composed of three people, which is actually a summary procedure. Since the summary procedure is adopted, it shows that the arbitration commission has positioned the case as a simple labor dispute, but in fact the case is not complicated, so why did the trial last for 8 months and was seriously overdue? ! Since the summary procedure is adopted, why should we vilify the hearing notice that is not in line with the actual situation? ! The logic of "official" is really unique and different!
The trial process is illegal.
(1) The distribution of discourse power in the trial is unfair.
I didn't treat both sides equally in court. I was deprived of the right to speak more than once in my statement and debate, and even simply omitted the part I should speak, so that I could not fully state the reasons and basis for my arbitration request.
(2) There are different attitudes when listening to the statements of both parties in the trial.
Obviously, it can be seen that the arbitration commission is inclined to the unit, no matter what the lawyer of the unit says, it will not be questioned, and every time there is an opportunity to speak, it will be given enough time to speak. However, when I stated the legal basis and reasons one by one, I was stopped and reprimanded more than once. The arbitrator's attitude at that time was extremely impatient. It seems that my statement broke their design arrangement for the trial in advance.
(3) The way of taking court transcripts is inclined to the unit implicitly.
In every trial transcript, the statement of the unit was almost not omitted, but the content of my defense was greatly reduced, or even not recorded at all, especially the part involving relevant legal basis and evidence, which would be "cleverly" filtered out by the arbitrator.
(4) unfair cross-examination.
Since it is a cross-examination, it should be treated equally, and the evidence provided by either party should be confirmed and verified. But why do you only ask me to provide third-party proof for the evidence I present? And let this unit go? Even during the trial, when I asked the company's own financial department to provide reconciliation details from tax, audit and bank, the arbitrator simply ignored it and then closed the case in a hurry.
(5) evidence can be accepted at will.
There are clear legal provisions on how to accept evidence. However, the arbitration commission's practice is very arbitrary, acting entirely on subjective will. And it's also a copy. Why do some people receive letters and others don't? Obviously, this is a double rule.
5. The ruling is confusing.
The whole award is full of far-fetched rhetoric, and the award result is undoubtedly completely beneficial to the unit. Its absurdity is really sad.
(1) Distorted facts and identified mistakes.
(2) Ignoring the existence of legal provisions.
(3) completely turned a deaf ear to the contradiction between the units before and after several sessions.
(4) I found out the relevant clear contents on the evidence materials submitted by the unit, and testified and exposed the lies stated by it, but the arbitration commission turned a blind eye.
I was really angry when I got that stupid ruling that I had been waiting for more than eight months! Recalling the representative work of Gentleman, and following the relevant authority stipulated by law, I decided to go to arbitration and ask for a trial transcript. However, a "master" of Wang Xing not only refused to provide it, but also said wildly: "I don't care whether your law is illegal or not, I just don't print it here!" This classic quotation definitely matches "My father is Li Gang"! But it's not just about creating a buzzword! Why didn't he print it for me? Because he is guilty! ! ! Some contents in the trial transcript were not written by them in the ruling at all! He's covering it up! Out of anger, I said bluntly, "I will definitely find the media to expose it!" " "The somebody else's" master "a full face of disdain, calmly snorted:" find! We are not afraid. "
As a local government department under the leadership of the central organization, not only did it not actively implement the spirit of leadership, correctly perform its duties and play the role of a frontier practitioner, but it acted as an executioner who despised and stifled the central and legal authority in the dark power and money transactions! As a public servant, it seems that he is provoking social justice and truth with practical actions. The identity and status of the arbiter has become a weapon for him to decide and dispose of the fate of ordinary people at will! Every day in the news, the opinions and advocacy of the Central Committee are publicized, which makes people feel hope and strength, but there will still be people who are so violent about the laws of China! This is the misfortune of the times, which makes people feel deeply sad for China! There is no constraint, or because the constraint exists in name only, it breeds and hatches this arrogance and recklessness. No wonder people don't care, because in China society, in the vast land of China, there are many common stories that officials are above the law every day, and in many stories, the law is trampled by politics and becomes a vassal of corruption and darkness in essence! The so-called sacredness and solemnity have also been despised in the face of all ugly faces. There is no release of authority and energy, only nothingness and paleness! ! !
I sincerely appeal to the public opinion and supervision of the society to turn their attention to this place and drive away evil spirits to show the peace and prosperity of the legal society! Let "there are laws to follow, laws to be followed, law enforcement to be strict, and violators to be prosecuted" be no longer just an empty slogan, and let "fairness and justice" be no longer just a feeble propaganda! Let those wolves who don't even wear human skin face up to the sword of Damocles on their heads! Let those ugly and dirty souls get the punishment and purification they deserve! ! ! Hell is their destination! ! !
Harmony is not a slogan, nor can it be advertised. If you don't check it, you will be punished. In the end, it will be chaotic and harmful! ! ! I can finally understand why more and more people choose to be civilian heroes and express their grief at the expense of blood and life. When the legitimate rights and interests are infringed, but they are not protected by law, and everything seems so pale and powerless, for ordinary people, except shouting at the top of their lungs, they may only be tragically self-mutilated! Because there is no more powerful way to express complaints! Poisonous gas is scattered everywhere, and it can't be just ordinary people. In the end, it will be the foundation and soul of the country that will be corrupted! !
There is no sun and moon in the harbor city. I hope there is blue sky in China! ! !