Reply and reply to opinions

Reply of the employer in labor dispute (reply) 1

Respondent: Changsha XX Property Management Co., Ltd.

Authorized Agent: Lawyer of Jian Huang Jingjing Yingke (Changsha) Law Firm.

Respondent: Ding

Defendant Ding v. Changsha xx Property Management Co., Ltd., the respondent made the following comments on this case. : (20XX) Yue Lao Zhong Zinuo. XX]:

1. The respondent has been strictly fulfilling the labor and employment obligations according to law, including concluding written labor contracts with all employees, handling social insurance according to law, and paying wages.

2. The respondent and the respondent signed a written labor contract from the beginning, and there is no obligation to pay double wages.

3. The respondent has no justifiable reason to demand compensation from the respondent;

From 1 October (1), 20 13,1to May 14, the respondent was late, left early, and was absent from work for 44 times, which seriously violated the labor discipline of the employer, and the respondent could unilaterally dismiss him.

This is one of the factual basis for the respondent to propose to terminate the labor contract through consultation.

(2) Due to the lack of working ability of the respondent, the respondent talked with him many times, hoping that the respondent could improve his work, but even if he was given a lot of time and opportunities, the respondent's working ability was still not improved, and the performance of the security team he brought was not satisfactory.

This is the second factual basis for the respondent to propose to terminate the labor contract through consultation.

(3) The respondent proposed to terminate the labor contract through consultation, and the respondent began to be absent from work after working every other day, and did not go through the handover procedures.

This series of actions shows that the respondent agreed and accepted the respondent's proposal to terminate the labor contract through consultation, so this case does not have the premise of compensation.

As the respondent failed to win the position of captain Ren Baoan, it sent a written notice to the respondent on May 20XX 14, and negotiated to terminate the labor contract.

In fact, the respondent has done its best to terminate the contract, instead of suddenly proposing that there is something wrong with the respondent's working ability, because the respondent has repeatedly asked the respondent to improve his work; Regarding the respondent's proposal to terminate the labor relationship through consultation, if the respondent thinks that he can be qualified as the security guard captain, he can claim to the relevant departments to continue to perform the original labor contract.

However, the Respondent never indicated to the Respondent or the judicial authorities that he would continue to perform the original labor contract, but absenteeism and resignation occurred when the Respondent's notice of dissolution was delivered (1May 4) and the Respondent continued to work every other day (1May 6) without going through the handover procedures.

The respondent's act of leaving without saying goodbye is actually the respondent's act of agreeing to terminate the labor contract.

4. The defendant does not have the conditions to receive unemployment benefits, because:

First, the respondent did not unilaterally dismiss;

Second, the respondent only worked for the respondent for four and a half months;

Third, the respondent has paid unemployment insurance premiums for less than one year;

Fourth, the resignation handover procedures and unemployment registration procedures have not been handled.

Therefore, it is impossible for the respondents to lose unemployment benefits.

To sum up, the respondent's claim lacks factual basis and legal basis, and requests to reject all the arbitration requests of the respondent according to law.

I am here to convey

Changsha yuelu district labor dispute arbitration Committee

Respondent: Changsha XX Property Company.

20XX year month day

Argument 2 of plaintiff's defense against defendant

Defendant, Beijing Traffic Management Bureau, argued that it was the result of Beijing traffic laws and regulations that our bureau mailed the Notice of Untreated Traffic Violation Information to him.

Provisions on the scope of accepting cases in administrative litigation.

The plaintiff's argument is:

1. The defendant took it out of context. Please see "Beijing implementation"

Article 107 The traffic administrative department of the public security organ shall publicize the traffic violations confirmed by the traffic technical monitoring records, and the public shall have the right to consult them.

The traffic administrative department of the public security organ and its traffic police shall inform the owner or driver of the motor vehicle in writing if they find that the motor vehicle has an unprocessed record of illegal acts, and the owner or driver of the motor vehicle shall accept the treatment according to the time and place notified.

The defendant intercepted the first sentence of the second paragraph. The traffic administrative department of the public security organ and its traffic police shall inform the owner or driver of the motor vehicle in writing if they find that the motor vehicle has an unprocessed record of illegal acts. The defendant changed the comma into a period without authorization.

How can laws and regulations be arbitrarily intercepted just for their own use? Is the notice just for notice? The notice is: The owner or driver of a motor vehicle shall accept the treatment according to the time and place notified. ?

2. The defendant has made a decision on administrative punishment. The defendant thinks that only the plaintiff's legal monetary property 100 yuan will be punished. In fact, the plaintiff's vehicle should be inspected in May. However, the defendant stipulated that the vehicle inspection procedure must first check the violation (vehicle violation record), and the vehicle will not be inspected if there is a record.

Because of this illegal record in the defendant's database, the plaintiff could not inspect the car. In fact, the plaintiff's right to inspect the car according to law has been violated, and the plaintiff's car cannot continue to drive on the road without inspection.

Isn't this punishment an infringement on the legitimate rights and interests of citizens? Therefore, this administrative punishment is not only an infringement of monetary property, but also an infringement of the plaintiff's real right, which has already happened to the plaintiff.

The plaintiff's appeal to the court is not to revoke the defendant's mailing behavior to the plaintiff, but to request the court to determine that the specific administrative punishment behavior is invalid, stop the infringement that the defendant has caused to the plaintiff, and cancel it.

3. The plaintiff's prosecution conforms to the scope of accepting cases in administrative litigation stipulated in Article 11 of the Administrative Procedure Law of the People's Republic of China.

This lawsuit complies with Item (7) of Article 11, which requires the administrative organ to perform its obligations illegally; (eight) that the administrative organ violates other personal rights and property rights.

The defendant did not set up traffic signs with road tail numbers, which violated national laws and local regulations of Beijing.

The plaintiff asked the defendant to fulfill the obligation of adding traffic signals in time, and identified the result of the plaintiff's so-called violation of the tail number limit, which constituted an infringement on the plaintiff.

Paragraph 4 of Article 25 of the Road Traffic Safety Law of the People's Republic of China stipulates that road traffic signals should be added, replaced and updated in time according to traffic needs.

The addition, replacement and updating of restricted road traffic signals shall be announced to the public in advance and widely publicized.

"Beijing implemented.

The addition, replacement and updating of restricted road traffic signals shall be announced to the public in advance and widely publicized.

The plaintiff requested the people's court to support the plaintiff's claim according to law.

I am here to convey

Xicheng District People's Court of Beijing Municipality

Plaintiff: He XX