基本情况：长沙某外资企业与员工刘某存在劳动争议，刘某对公司扣减工资不服。刘某已经申请劳动仲裁，仲裁委支持了其要求，一审法院也判刘某胜诉。现二审即将开庭，XXX公司向笔者进行初步咨询。笔者根据实际情况(公司缺乏有利的辩驳证据)，向公司出具了简要的英文法律意见书如下：
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号