After many unsuccessful attempts to "discuss", Feng Bin was a little excited, and finally he took his "boss"-Xiaogan Intermediate People's Court to court. According to Wei, vice president of Xiaogan Intermediate People's Court, Xiaogan Intermediate People's Court has communicated with it many times, hoping not to make a mountain out of a molehill, but insisting that Xiaogan Intermediate People's Court sign an open-ended labor contract with it. On September 28, 2008, in order to take the first step of "filing a case" for his wife, he mailed the litigation materials to the Hubei Provincial High Court, but there was no reply. Later, he went to the Beijing the Supreme People's Court Bureau for Letters and Calls and handed in the materials, but it also sank into the sea.
Finally, Feng Bin started his petition in a robe with the word "injustice" on his chest. Blocking doors, stopping cars and quarreling are becoming more and more fierce.
"It is not appropriate to wear a robe to petition, because this is a private matter, and the robe can only be worn during office hours." Lawyer Liu Jiahe of Hubei Fahui Law Firm also paid attention to Feng Bin's behavior.
However, Feng Bin's excessive behavior eventually led to the case of "Judge v. Court", and the Higher People's Court of Hubei Province appointed the Zengdu District Court of Suizhou City, Hubei Province to file a case to hear the case.
On May 2, 2009, Kloc-0, the Zengdu District People's Court made a first-instance judgment on this case. The trial result upheld the notice that Xiaogan Intermediate People's Court dissolved the labor relationship with Hu Min, and requested Xiaogan Intermediate People's Court to pay Hu Min various social insurances from August 6, 2008 to August 2008. However, the "open-ended labor contract" demanded by Feng Bin and his wife was rejected in the trial. The Zengdu District People's Court made a first-instance judgment on this case. Feng Bin refused to accept the verdict and continued to appeal. However, on September 16, 2009, Suizhou Intermediate People's Court upheld the original judgment and asked Xiaogan Intermediate People's Court to pay Hu Min economic compensation. Based on one month's salary for each year of service, Hu Min can get a compensation of * * * 6,000 yuan with a monthly salary of 600 yuan. I didn't ask for compensation for what I shouldn't have awarded, but they offered to award me 6000 yuan. "Feng Bin refused the money.
In the two court trials, the court held that Xiaogan Intermediate People's Court could not sign an open-ended labor contract with Hu Min, on the grounds that "the implementation of the documents of Hubei Province and Xiaogan City on the temporary employment of public institutions conforms to the provisions of the Labor Law, and" the objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the original contract ".
"Many ordinary people can't afford the time and money to go to court, but I didn't delay my work. Petitions and complaints have taken up my adjusted vacation. I passed the judicial examination, and I can represent the case in person, saving the biggest expense of litigation-lawyer's fees. So I must stick to it. " Feng Bin said that in addition to his wife's silent support, he has received encouragement from readers all over the country since the incident attracted attention.
In September 2009, after the final judgment of Suizhou Intermediate People's Court came down, the confrontation between Feng Bin and the court gradually developed from words to violence. 10 10/3 1 day, Feng Bin hit the dean Zhan Yunfa on the back of the head with a rice spoon in the court canteen and was administratively detained 10 day.
The person who sent him to the detention center was Pan Jun, director of Sanlipeng Police Station in Xiaogan City. Pan Jun has been on the police for Feng Bin many times, and he is deeply sympathetic and helpless to this special troublemaker in his area.
"The Ministry of Labor's explanation of' objective situation' is force majeure, or enterprise migration, merger, enterprise asset transfer, etc. Are the two documents responding to the Labor Contract Law Force Majeure? Moreover, the labor contract law has been implemented. How can the documents in the province be subordinate laws and more effective than national laws? " With the application for retrial, Feng Bin once again stood in front of the Hubei Higher People's Court. ...