In the Second Civil Chamber of Guangming District Court, the plaintiff and defendant were already seated.
Manager Liu felt very uncomfortable just looking at the eyes of the young man opposite him. The other person's eyes were always staring at the two of them.
He even had a feeling that in the next second, the man named Tang would pounce on them and have a real showdown with them!
No way... Manager Liu muttered to himself, it's just a few compensation fees.
After thinking about it, he finally said: "Old Zhang, the court is in session today...why does that kid across from you look like that?"
The legal officer next to him, Mr. Zhang, looked unhappy when he heard this and said, "Old Liu, what do you mean? You don't believe me, do you? Is it my specialty or his?"
"He didn't even bring a lawyer with him today. I don't know what you are worried about? Are you worried that I will lose?"
This was a bit serious. Manager Liu quickly said: "No, Lao Zhang, of course I believe you are professional."
Lao Zhang graduated with a serious law degree and had been involved in litigation for a year.
On the opposite side, I guess all the legal knowledge I gained was from reading online. This is almost like a flying dragon riding a face, and I can't lose no matter how hard I think.
Thinking that Manager Liu was relieved, he could glare at him as long as he dared to do it in court. It would be best if he really did it...
In this atmosphere, with the clerk's voice of "all stand up", the presiding judge Zhou Yong walked in with the judges, people's assessors and others, with a heavy look of tiredness on his face.
Lao Zhou is really sleepy. As we all know, judges in grassroots courts are basically used as "big animals". After all, hearing cases in court is far from the work seen in the court.
What's more, this case is even more troublesome.
We often say that facts should be the basis and the law should be the criterion, but judges are all human beings.
It is normal for judges to deviate when determining facts and law.
Of course, grassroots courts also have some assessment methods, such as development and reform rates, which I won’t go into more detail on.
At least in Lao Zhou's opinion, this kind of case is the most troublesome at the grassroots level!
Forget it, let’s first see what the attorneys of both parties said today... Hey, the plaintiff doesn’t have an attorney?
I quickly looked at it again and confirmed the file again. Oh yes, this plaintiff did not hire a lawyer!
This is really strange. For such a big case, the price tag of more than 600,000 yuan is really a lot, and he actually wants to argue it for himself.
And Lao Zhou knew from the case files that the work this young man did before had nothing to do with the law. Is he so confident?
After the hearing is announced, there are still procedures to go through. The names, addresses, contact information, etc. of the parties involved in the litigation, as well as matters such as recusal, etc., must be followed.
Finally, it came to the court investigation stage, where both sides made statements and presented evidence and cross-examination.
Lao Zhang sat there looking like a boss, gave Manager Liu a "reassured" look, and then started his performance in high spirits.
Many people are habitually nervous after going to court. Think about it, they are more nervous when speaking in front of many people at school or work, let alone in the solemn atmosphere of the court.
So, with Lao Zhang's expression of looking forward to a good show, Tang Fangjing spoke.
"Evidence one, the clock in and out record proves that my working hours at Bluebird are fixed."
Lao Zhang said directly: "There is no objection to the authenticity of the evidence, but there is an objection to the strength of the proof. Our company adopts an irregular working system, so this evidence cannot prove the existence of overtime."
Tang Fangjing was not surprised and immediately picked up the second piece of evidence.
"Evidence two, communication records after work during the past two years..."
There are four pieces of his main evidence, the last three of which are communication records after work on working days, communication records on rest days, and communication records on legal holidays.
There are many, very many.
Lao Zhang's cross-examination on this was also that the strength of the proof was not recognized. It was just some communication and could not be regarded as overtime at all!
Soon it was Lao Zhang's turn to provide evidence, and he also produced evidence.
"Evidence 1: Blue Bird Company's rules and regulations and labor contract clearly state that the company adopts an irregular working system and flexible working hours."
"So the plaintiff agreed at the beginning that there is no so-called overtime, and clocking in and out is just a way to supervise employees, and it does not really restrain employees through clocking in..."
After Lao Zhang finished speaking, he looked at Tang Fangjing opposite. Did you see that I not only have company regulations, but also a labor contract? You already knew this when you signed the contract.
Of course he knew he was lying. Being late for work and leaving early for get off work at Blue Bird Company was very serious...
This is the current situation of some companies. They want to improve some company culture and create flexible working hours, but the assessment is very strict...
It gives people a feeling of schizophrenia.
Most people will be frightened when they see that there is indeed such content in the labor contract. After all, they signed it themselves.
However, under Lao Zhang's dull eyes, the pale young man opposite said directly: "There is no objection to the authenticity of the evidence, but it cannot prove the irregular working system at all."
“According to the Labor Contract Law and Handong Province’s regulations on enterprises’ implementation of irregular working hours and comprehensive..., the implementation of irregular working hours requires application to the labor department and approval.”
"The defendant's evidence was not approved by the labor department, so it cannot be proved."
The so-called flexible working hours, irregular working hours, etc. cannot be implemented by the company just by saying it. Even if the workers agree, they must be approved.
Maybe there won't be any problems if both parties agree, but when it comes to getting serious, it's all a problem...
After a pause, Tang Fangjing looked at Lao Zhang's confused look and said something else: "As far as I know, if an employer implements an irregular work system without approval, the labor department should order it to pay for the extended working hours. And complete the procedures.”
"If you don't enforce it, you'll be fined!"
This, this, this... Even if Director Liu doesn't know much about the law, he can see it now. It seems that Lao Zhang was completely suppressed by the other party, not only did he find loopholes in his evidence!
That loophole not only allowed him to win the lawsuit, but also allowed him to report it to the labor department...
Tang Fangjing already wanted to laugh a little. He couldn't remember clearly whether there was any provision for irregular working hours in the company's articles of association, mainly because he couldn't see those articles of association at all.
But it doesn't matter. I knew before the prosecution that the other party would definitely take this thing out as evidence. Sure enough...
Replacement procedures? It's impossible to do that, because Bluebird is obviously better suited to working on a regular basis.
Otherwise, you think you can save overtime pay by using irregular working hours, and you can just let people work overtime at will?
The money given will not be small...so Blue Bird Company will not go through the so-called procedures.
Judge Elder Zhou is no longer sleepy at all. This young man is very clever in his methods, even better than some veteran lawyers.
As for the court investigation, the presiding judge will definitely have to say a few words to investigate.
So he asked: "Defendant, has Blue Bird Company's variable-hour work system been approved?"
Lao Zhang was speechless for a long time, and finally said: "No, no..."
If you still dare to deny it at this time, then you will not simply lose money...
Then, he heard the man opposite say: "Oh, you dare to put it in the company's regulations without approval. The legal affairs of this company were learned in the sports college, right?"
Lao Zhang: "..."
