基本情況：長沙某外資企業(yè)與員工劉某存在勞動爭議，劉某對公司扣減工資不服。劉某已經(jīng)申請勞動仲裁，仲裁委支持了其要求，一審法院也判劉某勝訴。現(xiàn)二審即將開庭，XXX公司向筆者進(jìn)行初步咨詢。筆者根據(jù)實(shí)際情況(公司缺乏有利的辯駁證據(jù))，向公司出具了簡要的英文法律意見書如下：
Legal Opinion for the Labor Dispute
Date:XX 16, 2015
XXX (Changsha) Co., Ltd，
We have reviewed and studied the materials related to the labor dispute case Mr. XX delivered us three days ago. Based on the actual situation of the case and laws and regulations, we hereby offer you our legal opinions and suggestions about the case for your reference.
1. The Labor dispute against Liu XX
In the Court of First Instance, you were awarded to make a compensation to Liu XX, which places you in an unfavorable place, and now the case has been submitted to Changsha Intermediate People's Court, with the court hearing to be held on July 20. The date of hearing is approaching, it is very hard for us to do something constructive for the case. The reasons are as follows:
1). In a labor dispute case, if an employer fails to provide the court with strongly advantageous evidences for supporting his defense or argument, the judge would usually make a verdict beneficial to an employee;
2). The judge would often show his/her sympathy for the weak individual, namely the employee. We are unable to appraise whether the judge’s ruling preference is right or not, but it is the real practice.
2. Suggestions
Concerning the aforesaid labor dispute, we suggest that you appear in court actively and confidently personally or by employing a lawyer, even though you are in an unfavoarbale place due to the reasons we mentioned above. To avoid unnecessary labor disputes in the future, it is advisable for you to perfect your human resource system and management.
It is only our preliminery legal advice, if you need more information or assistance, please do not hesitate to contact us.
HunanXXX Law Firm
Lawyer Colin Yao
Tel: 86-XXXXXXX
50010302002461號