In the previous paragraph, I described my transition from applying for labor president to the first instance, but then the second instance. Along the way, the second trial is actually the easiest. This article describes the online hearing process of the second trial.
previously on
Due to the long timeline, friends who have not read the previous nine chapters may not understand the previous situation. Here I will review it according to the timeline to give you a general understanding. For details of the previous process, you can go back to the early articles in this series.
- Labor arbitration will be initiated on March 2, 2021
- Submission of evidence on May 21, 2021,
- On May 24, 2021, the Labor Arbitration Dispute Court held a hearing
- The ruling was received on July 12, 2021 and was informed that the company appealed against the ruling.
- On September 24, 2021, I received a notice from the Beijing Chaoyang People's Court to obtain a first-instance summons.
- On October 12, 2021, the first trial will be held in Chaoyang People's Court in Beijing.
- The first-instance judgment was received in writing on January 5, 2022. (Starting from this time, the effective time of the first-instance judgment will be calculated)
- On January 18, 2022, the company wrote an appeal for the second instance and mailed it out. The second trial process begins.
- The second trial session was held on June 28, 2022, and the second trial judgment was received four days later (No. 7.2). Labor arbitration won an all-round victory.
Notice of Opening of Second Instance
At the beginning of June, I received a call from the clerk. She said: After communication and coordination from many parties, I just uploaded your case to the Third Intermediate People's Court today. I want to inform you here. I sincerely said "thank you very much". This day is the end of the "5 months for the transfer of the second trial files" mentioned above. It was not easy. I sighed directly after hanging up the phone.
On the evening of June 10, when I had nothing to do, I opened the "People's Court Online Service Beijing" Mini programs. I saw my second trial case inside! The status is "Open Case". At this time, the "thread" that had been thinking about this incident in my heart was finally released. The second trial has been established! It's up! On the one hand, my "miss" and "worry" show that I attach great importance to this matter; on the other hand, it also shows that I have a strong obsession with "promoting the progress of the project" and "achieving the goal"; on the other hand, it also shows that I lack trust in zf. I always worry that they will delay me if they don't work hard.
For the next 10 days, I was on vacation. Since the alumni of the lawyer who supported me said that "the second trial is very fast, from filing a case to hearing to issuing a judgment is very fast," I will also pay attention to calls from my mobile phone during my vacation.
On June 13, I received a call from the Third Intermediate People's Court. A man with a very Beijing-style Mandarin informed me of the court session time and asked what mobile phone I was using? -- It turned out that the trial was online, and the relevant software was not available on Apple's mobile phone, so I was informed to use the "Beijing Court Cloud Court" Weixin Mini Programs.
Originally, the notice time was the afternoon (Friday) of June 24. The next day, another lady informed me to change the court time. I asked why I had to change it. She said the judge was going to an important meeting that day. So the negotiation changed the time to the afternoon of June 28.
Afraid that this phone call was from the company to interfere with me, I called the judge assistant the next day to confirm the matter (the judge assistant's phone number had been notified by text messages and emails before; here, I also recommend that if you encounter such a situation, you must find the right person to reconfirm).
Second trial hearing process
At 15:00 pm on June 28, 2022, I opened the "Beijing Court Cloud Court Mini programs" on time. Here is a friendly reminder: If you need a similar online court session, remember two things: Be sure to fully charge your mobile phone, open relevant software in advance, complete registration, and turn on camera microphone authorization.
A few minutes after I entered the Mini programs, my phone froze and turned off. I don't know why, but fortunately the judge did not enter at this time and the trial did not begin.
However, half an hour later, the judge still didn't enter. On the one hand, I used my mobile phone to turn on the video, and on the other hand, I borrowed a mobile phone to call the judge's assistant and said that I had been waiting for half an hour and didn't know what was going on. The judge's assistant said: The judge's last case is not over yet, so he asked me to wait. In fact, I've been waiting for an hour and the trial hasn't yet been held. Later, I called the judge assistant again. The other party told me not to rush you, but I said, I'm not rushing you. I'm worried about missing the court session. The judge assistant said: Don't worry, we won't hold the trial without you. Don't worry, I will call you later to let you go online.
Half an hour later, the judge called: XX, right? I am a judge, you can go online now! I quickly found an empty conference room and started right away.
First of all, the judge read out relevant disciplines, court disclosure regulations, and asked whether to withdraw from the court? There is nothing wrong with this part. When you hear it clearly, you can say "I hear it clearly." As for "whether to avoid", you can say no to avoid it. Why should you avoid it when you are already there?
Then the judge talked cleanly about the process of the case from arbitration to the first instance. The speech was fast, concise, and felt very skilled and professional. Then he said: The controversial point in this case is that the company believes that it is legal, and the party XX believes that it is illegal. Then he asked the company and me questions respectively. The company said: "We negotiated with me and have chat records to prove it. We reached an agreement. He regretted it. The company was legally terminated and was willing to pay financial compensation, but was unwilling to pay illegal cancellation compensation..."
I replied: "The company issued a written dismissal notice to me one day, and the chat record was that night. That is to say, ** the company first issued a unilateral dismissal to me, and then there was the so-called negotiation record mentioned by the company just now **, and some key dialogues were missing in the negotiation record, and I did not sign any certificate of consensus with them. ** The company first issued a unilateral dismissal notice to me. The negotiation chat record he mentioned was the night after the dismissal. The negotiation was completely invalid and meaningless, so I insisted that the other party was breaking the law. You need to pay compensation for my illegal cancellation. **"
Obviously, my answer was focused. I repeatedly explained that "** The dismissal is issued first, and there will be the other party's so-called evidence of negotiation with me **"(In fact, when I repeated this concept the second time, the judge said: XX I understand, you don't have to repeat it again) After I finished answering, the judge asked: "Company H, your company issued a dismissal notice to XX, will you give 30 days 'notice in advance or announce the cancellation on the same day?" The company agent said "yes". The judge continued to ask: "That chat record is from the night of a certain month, is it?" The company agent said: "Yes". The judge said: "Oh, you fire XX and then negotiate with him? Do you think this is legal dismissal?"
Later, the judge asked both parties whether they had new evidence. The company agent said: "It has been too long, and this is the only evidence that can be found." After saying this that day, I thought it was quite funny. Then the judge asked me if I had any new evidence: I said no. In fact, I have a lot of evidence that I have never submitted, but it is no longer important. I don't need to submit any evidence at all. The other party has already collapsed.
Later, the judge read a lot of words and sent us the trial transcript for us to see. The trial records are also in the Mini programs. The screen was originally a video, but a new page automatically opened. I quickly browsed the trial content. It was very concise. The trial recorder had a good level of text abstraction and streamlined the nonsense said by the company's agent very well. My answers are almost verbatim records, and are less concise, because my own words are concise and highlight key points, and there is not a word that is useless.
After reading it, I said: Hello judge, I have finished reading the trial record. Then the company finished reading it. The judge said: Go to the back and confirm the contact information and delivery address. We responded verbally and said that the confirmed address and contact information were correct. The judge said: Wait a moment, I will operate it, and you will see that there is a sign button on the page, sign on it and negotiate the date. At this point, a button appeared at the bottom of the page, and I signed it.
Later, the judge said that the trial was over, and then the video screen of the Mini programs automatically closed, and a page popped up showing the entire trial time of 14 minutes and 22 seconds.
It was only 5 days from the hearing of the second trial to the receipt of the judgment!
After the court session ended at around 5 p.m. on June 28, I thought to myself: According to my lawyer's alumni, the verdict should be received by the end of July. I didn't expect to receive the verdict on the morning of July 2nd. At that time, I was stunned. The speed was too fast. Express delivery is still ** Postal Court Special Delivery **.
I had received three such express delivery messages before, namely the first-instance summons, the first-instance judgment, and the second-instance indictment. However, they were all on weekdays. The postal delivery contacted me. I called my roommate, and the postman kept on the phone with me. Then I asked my roommate to sign for the mail.
This second instance judgment was actually on Saturday morning, so I could sign for it in person. After I tore it open, I turned to the last page and saw: The request was rejected and the original sentence was upheld. There was no suspense in winning.
a later story
The next step depends on whether the company will transfer the money within the specified time. If it does not transfer the money, I will have to apply for enforcement. I heard that enforcement is also time-consuming. So far, my labor arbitration has only taken more than a year. I still remember during the arbitration stage, when the mediator gave me ideological work and advised me to compromise, he said: ** If you ask for less money, I can still help you negotiate mediation with the company. If you are not willing to give in, the company will continue to talk to you for the first and second trials for 3 years. Now it seems that "it's okay to pay off".
I still have several colleagues in the arbitration process. When we all get 2N, ** should be able to teach the stupid company how to behave **!