Personal Profile
Representative Performance
Honorary Awards
academic achievement
Social duties

Lu Chen
Full-time Attorney
Phone:
18208797035
E-mail:
348920403@qq.com
Graduate school:
Tianjin Medical University
Areas of Expertise
Personal Profile
Lawyer Lu Chen, male, full-time lawyer of Enterprise Compliance Department and Bankruptcy Department of Yunnan Datao Law Firm, Bachelor of Biomedical Engineering and Bachelor of Law from Tianjin Medical University, mainly good at handling civil and commercial disputes such as sales contract disputes, tort liability disputes, labor disputes, construction engineering and real estate disputes, and providing perennial legal advisory services for enterprises.
Since entering the lawyer industry, lawyer Lu Chen has successively provided perennial legal advisers or special legal services for many private enterprises, such as Kunming Yinqiao Steel Mould Co., Ltd., Yunnan Yinqiao Machinery and equipment Manufacturing Co., Ltd., Nanling Jianfu Construction Labor Co., Ltd., Kunming Yanlin Decoration materials Co., Ltd., etc. Participated in handling a large number of sales contract disputes, labor disputes, tort liability disputes, creditor's rights transfer disputes, construction contract disputes. The work is rigorous, meticulous, serious and responsible, and always serves the purpose of safeguarding the legitimate rights and interests of the parties, and strives to provide the parties with positive, stable and high-quality solutions.
Successful cases:
Cause of action
labor dispute dispute
Attorney:Lu Chen (Yunnan Datao Law Firm)
Brief of the case
The labor dispute case between the applicant Zhang Moucheng and the respondent, a construction labor service co., ltd., was heard in a public hearing at the Yunnan Provincial Labor and Personnel Dispute Arbitration Court on August 25, 2023. The applicant requested: the 1. to confirm that the applicant and the respondent The labor relationship was terminated on June 26, 2023; the 2. ruled that the respondent should pay the applicant 4503.85 yuan for medical expenses, 240 yuan for food subsidies, 15000 yuan for nursing expenses, 60000 yuan for salary retention period, 1500 yuan for nutrition expenses and 1000 yuan for transportation expenses (total: 82243.85 yuan).
After the Yunnan Labor and Personnel Dispute Arbitration Court ruled in this case, it rejected most of the applicant's claims and only supported various compensations totaling 9638.45 yuan.
Referee Summary
The applicant requested the respondent to pay nursing fees, transportation fees, and nutrition fees, but did not provide evidence to prove that there is a fact that the respondent needs to pay nursing fees, transportation fees, and nutrition fees. According to the law, the applicant shall bear the legal consequences of failing to provide evidence.
Case assessment
This case is a labor dispute. The applicant requires the respondent to pay work-related injury insurance benefits on the grounds that the injury suffered is a work-related injury.
For this type of case, first of all, the party acting for the respondent must first examine the specific cooperation mode between the applicant and the respondent in the usual cooperation, identify the differences between labor relationship, employment relationship and contract relationship, and determine what kind of legal relationship the case has actually formed according to factual evidence. Secondly, examine whether the applicant's claim is supported by corresponding evidence, the compensation items and amounts cannot be calculated mechanically; finally, the disputes in such cases are similar, but the facts of the cases are very different, so we must return to the case itself, carefully study the advantages and disadvantages of the existing evidence in this case, find evidence that is beneficial to one's own side and unfavorable to the other side, and argue for it.
Representative Performance
Honorary Awards
academic achievement
Social duties
Right online agent component