Disclaimer: This article only records the first trial process of my personal labor arbitration. The content and dialogue stated are all written based on recorded memories. There is no guarantee that the content is verbatim accurate with the actual dialogue. The content and scenes described have personal feelings in them, and cannot be guaranteed to be consistent with the actual and objective situation. The views expressed are personal feelings and do not mean that I am not responsible for the consequences of my evaluation of anyone or any unit. Please select the relevant content.
In the previous space, I introduced that I filed a case on March 2, 2021, submitted evidence on May 21, opened the court on May 24, and received the ruling on July 12. I learned that the company appealed against the ruling and other related matters, and then what awaits me will be the first trial.
Get a summons
At 09:16 am on September 24, 2021, I was transferring subway when I suddenly felt the mobile phone in my pocket vibrate frequently. Judging from the vibration frequency, this was definitely not a WeChat message, but a phone call. I felt at the time: "This won't be the court's phone." Because it was too noisy and there were too many people, I quickly found a corner and answered the phone. It was indeed a phone call from the court. Although it was vague, I probably heard it clearly. I was asked to get a court summons. Because I couldn't hear clearly, I repeatedly asked about the location. The other party repeated it several times very affectionately: Courtyard A, Chaoyang Park South Road, Chaoyang Park, Metro Exit D2, ABCD D. I said: Thanks, I will remember it. I also asked the other party about the afternoon work time, and the other party said: 1:30 - 4:00 p.m., I replied: Then I will arrive at 1:30-2:00. The other party said: Okay, remember, there is no need to queue up after you come, just call me. (Call number: 010-85998646)
After lunch, I went over and came to the entrance of Chaoyang Court and found many people queuing. Only then did I understand why the other party told me not to queue up and call her directly. I arrived at 1:10 p.m.. At this time, I made a phone call and no one answered. Then I realized that employees were swiping their cards through the side door one after another. I guess the staff should have just returned home and finished eating. When it was 1:29, I dialed the phone, and someone soon answered it. I told me my name and purpose. The other party said, let me face the flag, walk 5 meters to the right side, and wait for me there. A few minutes later, a court staff member came out. It was a lady, about 1.6 meters tall, with short hair, about 40 years old, and was relatively thin. She took some forms for me to fill out and sign. It was drizzling and she held my umbrella. I squatted down and finished filling out the form on my thigh. When filling out the form, rainwater fell on the paper and infected my notes, but fortunately, I could see clearly.
I won't post photos for the subpoena. The content has three parts:
- On the front page of the summons, a civil summons from the Chaoyang People's Court is written. There are relevant precautions on the back.
- Company complaint.
- A copy of the corresponding labor arbitration award.
preparation for defense
Since I received the court summons just before National Day, I was busy in those days, so I didn't have time to make any preparations. I just read the contents of the summons.
Since the National Day holiday is relatively long, in order to avoid accidents, I copied all the materials in my hands. One copy was left at home, the other copy was at the company, and the original was carried on my back, and then I enjoyed a nine-day short holiday. Go.
During the National Day period at home, I didn't make any preparations. I just wanted to take a vacation in peace. 10.8 After returning to work in Beijing on the following day, I began to write relevant information and prepared to write a "reply". I want to remind everyone here that it is still necessary to write a defense. Write your defense brief in advance and hand it in to the judge when you go to the court for a session. Avoid omissions in "on-the-spot performance" or "abnormal performance" due to related reasons such as nervousness and causing disadvantages to yourself.
(The reply I wrote is available in the reply "Reply", stating that this reply was given by my alumni of lawyers and is only for reference by friends in need. I will not bear any responsibility.)
first trial session
The judge arranged the time at 10:30 a.m. on October 12, 2021, and I arrived at the court gate at about 9:40. The security guard asked me to provide me with my ID card and a description of which court I was in. Then he compared the list in his hand and looked it over and said: If you don't have your name, you can call the judge. I glanced at the list in his hand, saw my name at a glance and pointed it out to the security guard. Then the security guard asked me to scan the Beijing Health Treasure and the itinerary code before letting me in.
After entering, the staff first asked me to provide the original ID card, and asked me to remove my mask. After confirming my identity, I was asked to go through security inspection. The strictness of security checks here is similar to the security check when flying. You need to open your backpack, and the files in your backpack do not need to be taken out. The computer needs to be taken out and placed in a separate box. The metal objects, electronic products, charging treasure, data cables, etc. on your body are placed in one box. In this way, my belongings were put in three boxes to go through security inspection. I had to unzip my clothes and stand on a table for a 360-degree touch inspection of my entire body. I had to take out a small earphone in my pocket to have a look.
When I arrived at the door of the court, the courts were open and the case inside was in the negotiation stage. I could hear them arguing about performance bonuses in the corridor. The following figure shows the courtroom corridor. Every door enters a small courtroom, and the room is not large.
There was also an uneasy person at the door of the court where I was. He had been making calls, but the phone had never been connected, and he kept calling back. I thought he was a company lawyer, but after a few minutes, the man asked me: What time is it? I said: 10:30. The man said: I arrived at 9:30, and I arrived at 9:00. I waited until now... At this time, I realized that the previous two cases had been "wrangling" and delayed the time. While waiting, I chatted with this person for a while. He was a lawyer representing a company in court. After a while, the defendant opposite the lawyer also came. The three of us sat together and talked a lot. During this period, I also had a brief chat with other lawyers and saw other different cases.
At about 11 o'clock, it seemed that the people in the court were about to reach a mediation agreement, and the judge only used this interval to see whether the parties would come for the subsequent match. At this time, I took the opportunity to interrupt and asked: I am XX, what time can my case begin? The judge said: You are with XX Company, right? I said: Yes, the judge said: Are you willing to mediate? I said: No. The judge said: You are not willing to mediate if you are only XX yuan short? I said: Yes, not one point less. Then the judge closed and continued the mediation of the previous case, while the two parties inside were calculating the amount and signing relevant documents. I am very puzzled: Why is this attitude? This is not what I imagined.
After a while, the couple in front of me also entered. They were also mediating, so the judge had time to ask me and the company's agent if they were willing to mediate. The company's agent said: Mediation can be achieved with less money. I said: Not much. The judge said to the company's agent: You are negotiating well with him. Then he closed the door.
Then the company's agent fed back to the company's leaders and said: The company's leaders still hope that you can give in and make less money. I said: Not a penny less. If so, the company will continue to appeal, the company's agent said. I said: Then continue to appeal, I can accompany you to the Supreme People's Court.
Before the trial, the judge still negotiated with me alone, hoping that I could compromise and ask for less than 7000 yuan so that he could negotiate with the company. And said that if I do not agree, after today's trial, the company may continue to appeal, it will take a long time, for me not worth it. The judge said a lot, moved me emotionally and reasoned, and said: "I think you are quite serious"(do you understand the meaning?), In the end, I still tactfully insisted on not missing a single point. The judge was a little unhappy and immediately returned to his seat and said in a slight tone: Let's start the trial and open the door and call the company agent in. Then he began the opening statement of the court session at a fast pace.
Let's not talk about the content of the court session. I have the defense brief in hand. I read it again. The other party was actually here to go through the motions and waste time. He gave a few simple explanations. The middle judge asked me if I had any evidence to provide. I said yes, and the judge was unhappy: Do you understand the rules? Didn't I tell you just now (in private chat)? You don't need proof. I said: Okay. The court session is almost over. Does the judge say that there is anything to add? I said: In fact, during the arbitration process... I just started when the judge interrupted me and said: There is no need to say these contents! I stopped. I thought: The judge refused to let me submit evidence. It felt unreliable. I said: Comrade judge, I still want to hand over a piece of evidence to you. The judge shouted at me again: Didn't I tell you? You don't need proof! I said: I'm afraid I don't know anything, so I'd better hand in a copy! The judge said: What's not clear about it! Don't you need to understand? I said: Okay.
At this time, the clerk printed out the trial record and handed it to us, asking us to confirm the content. If there is no problem, sign the front and back of each page. The first time, the content was missing, and the second time, the content was supplemented, but the time was wrong. I pointed it out, and the clerk changed it again. The record of the third trial was barely OK. There was one thing I was dissatisfied with. I said: The expression in this place was a little different from what I said, and I hoped it could be changed to "xxx". The judge said: No, it's all the same. No, that's it. Sign it. (The trial record was wrong twice. What do you think? What do you think?) The trial ended at about 12:15.
summary
如果你不幸经历了劳动仲裁，如果你坚持到了一审，那么我劝你，自己一定要上心，哪怕是你找了律师（为什么这么说？还记得我开头说的：碰到了一个在打电话，貌似很焦急的那个人吗？他就是个律师，他为啥打电话？因为他忘记了某个资料，我们聊天的时候他中途离开了，回来的时候拿了一份顺丰 1 小时速递），把自己当做自己的青天大老爷，指望自己，而不是指望别人，认真准备证据，认真写好答辩状，一丝不苟，义无反顾的“应战”。
(If you absolutely believe that what I wrote will be helpful to you and others, please be grateful to forward it. The more people see it, the more people will fully "challenge" and achieve "victory", which may promote the improvement of something.)