三、护航经济发展
3. Escorting Economic Development
天津市律师协会紧紧围绕法律服务为人民的方针，引导广大律师持续推进民营企业“法治体检”、法律咨询进企业、法治宣传进企业、法律援助进企业等活动，为企业提供线上线下“清单式”公益普法宣讲，及时提供法律风险防控及法律问题解答服务，帮助企业有效防范风险。律师协会积极强化与工商联、企业协会、商会之间的信息联通、业务沟通，建立法律服务对接机制，及时解决企业法律服务需求。
Tianjin Lawyers Association closely focuses on the principle of providing legal services for the people, and guides lawyers to continue to promote the “Legal Physical Examination” of private enterprises, legal consultation into enterprises, rule of law publicity into enterprises, and legal aid into enterprises activities, and provide enterprises with online and offline “lists” public welfare law publicity lectures provide timely legal risk prevention and control and answers to legal questions to help companies effectively prevent risks. The Lawyers association maintain close information and business communication with the Federation of Industry and Commerce, and business associations and chambers of commerce, establish a legal service docking mechanism, and promptly address corporate legal service needs.
“一带一路”天津企业“走出去”服务联盟法律合作签约仪式
Signing ceremony for legal cooperation of “The Belt and Road Initiative ” Tianjin enterprise “Going Global” service alliance(https://www.daowen.com)
2017年2月，石油管道工程公司应邀参加能源工程公司组织的浙江舟山液化天然气（LNG）海底管道施工工程招标投标。中标后因双方工程延迟、物价上涨等原因未能就合同条款达成一致，能源工程公司取消了石油管道工程公司的中标资格，并拒绝退还投标保证金及损失赔偿。石油管道工程公司委托天津开元律师事务所进行深入论证后，提起了诉讼，经宁波海事法院和浙江省高级人民法院的两审审理，最终判决能源公司应赔偿管道公司5928609元经济损失。律师们的努力维护了企业的合法权益，加快了管道公司的合规化管理建设，对改进大型国有企业的风险控制体系产生了积极的影响。
In February 2017, the Petroleum Pipeline Engineering Company was invited to participate in the bidding for the construction of the Zhejiang Zhoushan Liquefied Natural Gas (LNG) submarine pipeline organized by the Energy Engineering Company. After winning the bid, the two parties failed to agree on the terms of the contract due to project delays and price increases. The Energy Engineering Company cancelled the qualification of the Petroleum Pipeline Engineering Company and refused to return the bid bond and compensate for the losses. After the Petroleum Pipeline Engineering Company commissioned Tianjin Kaiyuan Law Firm to conduct in-depth demonstrations, it filed a lawsuit, which was heard by the Ningbo Maritime Court and the Zhejiang Higher People's Court. The final judgment was that the energy company should compensate the pipeline company for economic losses of 5,928,609 yuan. Safeguarding the legitimate rights and interests of enterprises, speeding up the construction of pipeline companies' compliance governance, and having a positive impact on improving the risk control system of large state-owned enterprises.
2020年突如其来的疫情导致各行各业的企业、公司停工停产，其中受疫情影响最大的莫过于文化演出行业。2020年1月，天津某文化传媒公司受疫情影响不得不取消了全部商业演出的承办，这也直接导致了公司经营困难，濒临破产。该公司向全体员工下发了《公司经营困难情况告知书》，向员工告知公司将采取减薪降薪的方式渡过困难期。公司员工张某因不满降薪的决定向仲裁院提出对公司的劳动仲裁申请，该公司委托天津相臣律师事务所的律师承办该案。律师依据疫情后政府和司法行政部门出台的一系列针对疫情期间产生问题的指导意见和规定，向法官提出疫情的出现属于不可抗力的客观事实，公司在尽量保证不影响员工生活的基础上提出减薪降薪是非常时期的非常方式，不应一概认定为违反《劳动合同法》的行为。最终，经过律师的陈述和答辩，劳动者和用人单位达成调解，公司避免了巨大损失，双方对案件结果均表示满意。
The sudden outbreak of the epidemic in 2020 has caused companies in all walks of life to suspend work and production. Among them, the industry most affected by the epidemic is the cultural performance industry. In January 2020, a cultural media company in Tianjin had to cancel the contracting of all commercial performances due to the epidemic. Work, which also directly led to the company's operating difficulties and on the verge of bankruptcy. The company issued the Notice of Company Operating Difficulties to all employees to inform employees that the company would take salary cuts to tide over the difficult period. Company employee Zhang filed an application for labor arbitration against the company to the Arbitration Court because of his dissatisfaction with the decision to lower his salary. The company entrusted lawyers from Xiangchen Law Firm to handle the case. Based on a series of guidelines and regulations issued by the government and judicial administrative departments to address the problems that occurred during the epidemic after the epidemic, the lawyer proposed to the judge the objective fact that the occurrence of the epidemic is force majeure, and the company proposed a salary cut on the basis of ensuring that it does not affect the lives of employees. Salary reduction is an extraordinary method in extraordinary times and should not be regarded as a violation of the Labor Contract Law. In the end, after the lawyer's statement and defense, the laborer and the employer reached a mediation, which reduced the company's huge losses, and both parties were satisfied with the outcome of the case.