Does The Agency Lawsuit Submit The Contract Number?

I am the head of a District Industrial Company.

Our company originally took charge of some collectives in the region.

Over the past two years, the operation of these collective enterprises has gone from bad to worse, and most of them have been shut down.

Some staff resettlement and asset disposal are also left behind in the process.

Our company has set up a legacy group to deal with the aftermath.

At the end of last year, related staff resettlement and asset recovery basically came to an end. Some of them could not be solved.

Someone introduced us to an old wizard, Lao Xu, who originally used to deal with related litigation matters.

When we find Lao Xu, we will pay the corresponding remuneration according to the proportion of the judgment and the amount of the execution.

At first, the case was handled well, but in the later several cases, the result was not satisfactory. One case even lost because of the negligence of Lao Xu.

Because Lao Xu has caused such a great loss to us, we have deducted two remuneration as compensation.

Lao Xu quarreled several times.

Last month, we received the news of its application for arbitration.

Lao Xu claims that we have engaged in litigation matters relating to employees, but have not paid the monthly remuneration, ask us to pay the deductions and pay social insurance premiums, etc., and have come up with a labor contract stamped with our official seal.

This contract is actually issued for litigation.

We did not hire it as a company employee.

Lao Xu usually does not need to check attendance or go to work, so long as we can complete the entrusted litigation affairs on time.

The remuneration is also determined according to the verdict or execution of each case, not monthly, which is clear to all Xu.

We are very worried that arbitration will judge us only by this labor contract.

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Is there any law?

Original "

"Stipulates that a lawyer, a close relative of a party, a relevant social organization or a person recommended by his unit and other citizens permitted by the people's court may be entrusted as a litigant agent.

The recently revised civil procedure law has made adjustments to the scope of the agent ad litem, which stipulates that the citizen agency is limited to the closest relative or staff member of the party, the community, the unit and the citizens recommended by the relevant social organizations.

If an employer takes part in a lawsuit, he or she may act as an agent ad litigant in the name of the staff member of the party concerned.

The purpose of narrowing the scope of citizen agency is to restrict the citizens who have no legal professional qualification to engage in black agents for the purpose of profit, disrupt the order of litigation and damage the interests of the parties.

In the ordinary litigation procedure, when the court examines whether the "party staff" has the qualification of litigant agent, generally only adopts the form examination method, it is difficult to further examine the authenticity of the written materials such as labor contract provided by the parties.

Some parties regard this as a basis for the existence of labor relations between the two parties.

The parties only provide labor contracts, but the parties are not satisfied with it.

If the two parties fail to establish a subordinate relationship between management and management, they should decide which civil relationship they belong to according to the actual situation, rather than simply identifying the establishment of labor relations.

From what you have said, Lao Xu is only a typical civil agency relationship entrusted by your company to engage in litigation agency. There is no characteristic of the relationship between management and the personal affiliation of the management.

The labor contract you submitted for the purpose of litigation is false and untrue, and can not be used as a basis for determining labor relations.

According to the general provisions of the civil law, the agent carries out civil juristic acts in the name of the agent in the power of agency.

The agent shall bear civil liability for the agent's agency.

Although the current law of China restricts citizen agency, the non company employee's old Xu has not obtained the recommendation of the relevant department, that is, acting as a principal agent ad litem of your company in violation of the relevant regulations, and the legal consequences arising therefrom shall be borne by both of you. However, your company's entrustment of the intention to represent Lao Xu's agent is true. Lao Xu has completed part of the entrusted business according to your company's requirements. Your company should pay its corresponding remuneration according to the promise.

As for compensation, there is also a relevant stipulation in the contract law, that is, a paid entrustment contract, and the client may claim damages for the loss caused by the fault of the trustee.

Your company said that Xu lost important information during the execution of entrusted matters, causing the company to lose a lawsuit, causing heavy losses, and it can claim relevant rights accordingly.

This happens because you believe in others' illegal hiring of citizen agents, and I hope you can learn from it and safeguard your rights in accordance with the law.