Since I published "Memoirs of Labor Arbitration", many netizens have asked me: Have you found a lawyer? And "I have encountered layoffs in XX situations" Should I seek a lawyer?
In fact, whether you want to find a lawyer depends on your personal situation. I will talk about my superficial opinions from the following dimensions.
Are you price-sensitive?
In fact, many people ask if they should find a lawyer. I think the essence is a matter of money. If the lawyer says that I am doing this for charity,"I only charge 100 yuan for labor arbitration cases and promise to do my best to be responsible to the end," I ask you: Do you want to find a lawyer? You will definitely look for it!
Is your salary high? Is the amount involved large?
Suppose you have a monthly salary of 20,000 yuan and have worked in the company for 5 years. The company will lay off you for no reason and ask you to leave immediately without compensation. Obviously, this is illegal layoffs. Friends who have read the previous issue should know that the company should compensate you 2N, that is, 10 months 'salary, that is, 200,000 yuan.
200,000 is not a small amount. When you go to a lawyer, it is normal for him to ask you for 10,000 to 20,000 yuan in legal fees because your salary is high! The compensation is so much! You will say: "Lawyer brother, I can spend 20,000 yuan, but can you guarantee that I will win?"“。The lawyer also said: My professional ethics tells me that "I cannot guarantee from my client whether I can win." Although he said this, you don't have to worry about losing 20,000 yuan, because you should be able to judge well whether it is illegal or not. If it is, then you can win. If you don't win the arbitration, you can still appeal, right?
You may feel sorry for the 20,000 yuan legal fee, but if you think about it, your salary is not bad and your time may be more valuable.
Suppose your salary is 3,000 yuan. After working in the company for one year, the company has no reason to ask you to leave immediately without compensation. The company also needs to compensate you for illegal layoffs of 2N, or 6,000 yuan. If you go to a lawyer, the lawyer will charge you 2- 3,000 in legal fees, right? After all, there are always several trips to the arbitration stage. When filing a case, the lawyer has to go to the scene, right? When exchanging evidence, I have to go to court, right? The ruling can be delivered electronically, but it will take two or three times. Is it too much to ask for 3,000 yuan?
Therefore, if the salary is high, you can consider finding a lawyer at your discretion to save your time and create more income. If the salary is low and the amount involved is small, it may not be so cost-effective to find a lawyer. Of course, you can also find ways to save time so that you can do more valuable things, improve yourself, and increase your salary.
Is your case complex?
Since I experienced relatively obvious illegal layoffs, I think the case is very simple and the basis in the Labor Contract Law is clearly visible. I was sure, so I arbitrated myself. At present, the arbitration has won, and the company refused to appeal in the first instance. I won again. The company has continued to appeal in order to delay time, and it is still accepting it.
If you encounter complex labor disputes that you can't understand, and you want to "provide justice" for yourself and protect your own interests, you have to find a lawyer. Professional people do professional things. In addition, if there is a lot of money involved, there is even more reason to look for it.
Do you have your own qualifications for arbitration?
Assuming you don't plan to hire a lawyer and plan to do it yourself, then your consideration is that you are very qualified to arbitrate yourself. I think there are two conditions for arbitration:
Do you have a certain cultural level, such as basic writing, reading, certain language skills and logic Do you have about 5 half-days (weekdays, not weekends)? Whether you can accept arbitration may take a year (you just need to run four or five times, and the rest of the time is waiting) The first requirement is easy to understand and does not need to explain. If you have these capabilities, it means that you can consult relevant legal provisions, sort out your ideas, and then consult a lawyer for 30 minutes at 20 yuan on Taobao, or call 12348 and 12368 to get free legal help. Then prepare relevant materials yourself, understand the staff's requirements, and follow the process.
The second point is actually that as ordinary migrant workers, we all work from Monday to Friday every week and rest on Saturdays and Sundays. I also save my annual leave for the New Year, but I am reluctant to use it in ordinary times. If you want to arbitrate yourself, you have to take a day off during the weekday or take a vacation to make a trip. Therefore, whether you have any vacations to take and whether you can take them is also a problem. This time cost is necessary.
other
I know that what I said above already covers the situation of most people, but some people's situations are not covered. For example, I once saw two uncles of migrant workers in the Labor Arbitration Dispute Court. They couldn't write, and they couldn't read and organize relevant information through the Internet. They were even reluctant to hire a lawyer or simply couldn't afford to hire a lawyer. What should I do then? I had to go to the Arbitration Dispute Court despite being brave enough to do so.
Or, you are a person with a relatively unique character, but I just refuse to accept it, and I just want to do it myself. Or, if you are like me, you want to save money and get a complete arbitration experience for yourself, and are ready for whatever the final outcome is, welcome to join me.
In short, whether to find a lawyer for labor arbitration is different for everyone. I can only give my limited advice. You need to judge based on your situation. May there be no labor arbitration in the world! (However, it is impossible. Many companies are taking advantage of this loophole, and in my area, there are already too many arbitration cases, resulting in a very long process)