The courtroom was quiet, and the judge sitting there, Zhou, was trying hard not to laugh.
It’s really not that he is unprofessional, he just can’t help it...
Especially his puzzled expression coupled with those words, really, no one here can hold back.
Who says a judge can't be a fun person? The profession of judge is actually very easy to encounter all kinds of fun. Why, because you have to be more detailed when giving evidence in court.
Especially in divorce proceedings, some outrageous situations often occur...
For example, there was an incident in Guangming District Court, a divorce lawsuit. The couple had various arguments about their marital life and the man's cheating on his mistress. The discussion was so detailed.
Basically, it can be said that if it were not in court, it would be almost the same as spreading obscene materials. Anyway, it is better than Liu Beiwen that many people see...
The key is to let the judge comment while speaking. The poor judge, a single girl, was stunned and had to be judged and mediated...
This young man is interesting. The key is that he is not a lawyer.
Here, Manager Liu was already anxious and shouted in a low voice: "Lao Zhang, what's going on? Didn't you say that we have the advantage? Why is it like this again!"
Lao Zhang's fists were already clenched. He had not been involved in litigation for a long time. The lawyers he met basically lowered their heads to read the manuscripts to each other, waited for the verdict and then walked away.
I have never encountered anything like this that would exploit holes in your evidence to lead to other aspects.
More importantly, he had just said that he was a professional before, and the other party didn't understand it at all, but now he was directly slapped in the face.
Forcibly calming down, Lao Zhang opened his mouth and said: "The next is evidence two..."
As long as I don't continue, it can be considered nothing!
“This is a chat record, which is evidence of the plaintiff’s so-called overtime work. However, we can see that the plaintiff’s so-called overtime work is actually just occasionally replying to customers in the group, and it cannot constitute overtime work at all.”
In other words, this is actually the core dispute point in the case, that is, does this kind of communication after get off work count as overtime!
Lao Zhang thought it didn't count, so he didn't look at the specific calculations at all. He just needed to prove that it didn't count as overtime.
On the opposite side, Tang Fangjing spoke again: "There is no objection to the authenticity, but I think this evidence can better prove that overtime behavior does exist."
"My job is an operational position, and I need to frequently communicate with customers. Answering customers' questions in the group is definitely a work behavior, and this happened during off-duty hours, so I think this is overtime behavior."
This is Tang Fangjing's logic. It's very simple. Does replying to WeChat after get off work have anything to do with work? Yes, after get off work is not during working hours.
That's fine. Since the work was done during non-working hours, there is no reason to say that this is not overtime!
"The court investigation is over, and the court debate will begin below." Lao Zhou said above.
This is nothing else, this is a pure crushing game. Maybe the Guangming District Court may make a guiding case this time!
Tang Fangjing said: "The evidence I provided can prove that my use of social media to carry out work during non-working hours has gone beyond the scope of simple communication!"
"And this kind of communication behavior occurs almost every day. It is cyclical and fixed. It obviously takes up my rest time, so it should be regarded as overtime!"
Lao Zhang was already a little nervous. This was different from what he imagined. The other party's logical thinking was extremely clear. What did he say?
But there is no way, I still have to say what I need to say.
"We...we believe that Tang Fangjing is an employee of the operations department. If the company calls him for anything, it cannot be considered as overtime work. As for replying to messages in the WeChat group, it does not obviously occupy the other party's rest time."
"Because he can do other things while replying to messages. Obviously, it is impossible to do other things at the same time when working overtime."
"So it is not appropriate to regard communication after get off work as overtime..."
Tang Fangjing retorted: "Whether you work overtime or not is not determined by whether you can do other things during work, but by whether the worker has put in substantial labor content."
"According to the chat records, the number of days after work that I spent more than three hours replying to messages accounted for a large proportion. Therefore, it can be fully determined that I have paid substantial labor content during non-working hours and should be deemed as work overtime……"
Now, even Director Liu felt that the other party seemed more professional.
What Tang Fangjing means is that the key to whether you work overtime depends on whether you work. If you do work, even if you work while making a meal, it is still work. No one can deny it.
Lao Zhang started talking in the car, but Tang Fangjing sat down and stopped talking. You can say whatever you want.
After the court debate ended, Lao Zhou said habitually: "Are both parties willing to accept mediation?"
Both parties expressed their unwillingness to accept mediation.
The collegial bench adjourned, and Lao Zhang watched the three presiding judges leave, and then said to Tang Fangjing: "What did you mean just now, did I offend you? What do you mean I learned law at the Sports Academy? You made it clear! "
Tang Fangjing said directly: "This is how I do things. When the court is held, the person standing opposite me is my opponent. If you feel dissatisfied, we can continue to see if you studied at the Sports Academy."
Lao Zhang wanted to say something more, but was stopped. He could only sit down angrily, his face red with anger.
He felt that he had lost all his face. It was just a lawsuit. What good would he gain by offending others?
Manager Liu didn't say anything and was very professional. He was nothing but professional. He was suppressed and beaten from the beginning to the end. I guess that's the result...
After waiting for a long time, Lao Zhou finally came back. Looking at the verdict in his hand, the expression on his face was a bit complicated.
It is conceivable that the Blue Bird Company will definitely appeal when this judgment comes out. If the second instance is sent back for a retrial or the judgment is changed, the development and reform rate this year will not look good...
However, it still depends on how to judge.
"This court believes that with the development of the economy and the advancement of Internet technology, workers' work patterns have become more and more flexible. They can provide labor anytime and anywhere through computers and mobile phones, and are no longer restricted to the work location and office workstation provided by the employer."
“In particular, it is not uncommon for workers to use social media such as WeChat to carry out work during working hours and outside the workplace. The problem of invisible overtime work of such workers cannot be denied simply because the workers are not working in the workplace of the employer. work overtime……"
"According to the chat records, it can be determined that Tang Fangjing's use of social media to engage in work after get off work has exceeded occasional and temporary general communication..."
"Considering that using overtime on social media is different from traditional overtime, and the duration is difficult to objectively quantify, it is unfair to use the entire time as the overtime duration... It is determined that Bluebird Company should pay Tang Fangjing 600,000 yuan in overtime wages."
After the verdict was finished, Manager Liu looked extremely ugly. This was 600,000 yuan!
Moreover, their company has always been like this, treating its employees like livestock, so why not sue them all?
"No, your verdict is unfair. How can it be like this? We want to appeal!"
Tang Fangjing is quite calm here. This is actually the current situation. Although he has calculated it, the court will still decide that this is the result after the second trial in his previous life.
It’s true that it’s not fair to calculate overtime hours based on chat records…
I will not appeal. The current result is enough to reach 200% completion. I just need to wait for the second trial.
Anyway, I have to go to the labor inspection department to report it, and then it will be enough no matter what.
Fine and compensation, I feel comfortable.
