Guangming District Labor Arbitration Committee, Tang Fangjing stood at the door and sighed with emotion. Unknowingly, he had traveled through time for almost a year.
Thanks to Blue Bird Company and Mr. Hu, the overtime pay case not only allowed me to survive, but also bought a house. It can be said that there are still many good people in this world.
After sighing, Tang Fangjing walked all the way to the reception window and took a quick look at someone he knew.
Ma Yao in the reception window recognized Old Tang as soon as she raised her head. Just kidding, such an overtime pay case was really impressive, not to mention the series of tricks the other party followed.
Of course, there are also various news in recent times.
"Lawyer Tang, what's the matter? It won't be overtime pay again, right?" Ma Yao looked at Tang Fangjing and smiled.
Old Tang waved his hand: "It's not overtime pay, it's wages. I took a legal aid case and helped a few migrant workers to collect their wages."
As he spoke, Tang Fangjing handed over several labor arbitration applications in his hand.
Although they are all the same matter, and the arbitral tribunals will definitely have to consolidate the hearings, the number of people you have is just a number of applications, and the same applies to the court.
Ma Yao took it and started to read it. She frowned when she saw the name of Xiangkun Company.
"Lawyer Tang, is this Xiangkun Company's matter? It hasn't been resolved yet?" Ma Yao raised her head and said with a strange look on her face: "It happened last year, it's been a long time."
Tang Fangjing was not surprised by Ma Yao's reaction. Luo Duancheng had mentioned before that they had indeed approached the relevant departments, but the relevant departments later told them that it was difficult to handle and it was recommended to take legal channels.
It’s just that Old Tang thinks there should be a problem here. Normally, the labor inspection department should have taken action long ago for this type of wage arrears.
So after seeing Ma Yao's reaction, he immediately said:
"You know, right? So what is going on here? I don't give you a penny for six months' salary. Isn't that unreasonable?"
Ma Yao shook her head and said: "I don't know much about the details. I heard it when I went to the Labor Inspection Brigade before. That is to say, the person who hired these migrant workers... is named Yi Ruian. He is a personal He was hired in name, so Xiangkun Company doesn’t recognize it..."
"And this Yi Ruian could not be found last year."
"Wait a minute, isn't this Yi Ruian the legal person of Xiangkun?" Tang Fangjing asked: "In this case, Xiangkun will not admit it even if he doesn't admit it?"
He didn't know much about construction contracts, but he still knew that for this kind of subcontracting, many would find a third party, which is what we call the contractor in the popular sense.
Of course there are benefits to this kind of cover-up. If you, a migrant worker, don’t have money, then you go to the contractor. We only deal with the contractor, so don’t come to us.
Xiangkun definitely had no qualifications. For such a big company, the shareholders’ paid-in capital was probably very small, but it still got the job.
Ma Yao shook her head and said, "I don't know about this. I have a phone number here. You can call the Labor Inspection Brigade and ask. They should know the situation."
Tang Fangjing nodded, and the case to complete the task must be practical. It does not mean that it cannot be arbitrated directly. If no one can be found, the arbitral tribunal can be public, or it can be arbitrated in absentia, but it will definitely not be implemented after it is completed. It is just fooling people.
Therefore, the problem must be clarified before this to facilitate execution or preservation.
After calling the Labor Inspection Brigade and chatting for a while, Tang Fangjing hung up.
It was indeed troublesome. The real boss of Xiangkun probably wanted to take the company out, so he said that Yi Ruian directly took over the job from the subcontracting company above.
That's right, this matter is still a secondary subcontracting, and the six are flying.
But the labor inspection team had already found out that this job was directly given to Xiangkun. After that, Xiangkun asked Yi Ruian to come forward to recruit people to work.
He had worked as a contractor for a period of time and knew people, so it was easy to recruit workers.
As a result, Yi Ruian was nowhere to be found.
Under the premise of stability, it is okay for the relevant departments to "coordinate" and ask Xiangkun to give the money. After all, Chaotian Company, the superior subcontracting company, said that the money had been given to them, and there was corresponding evidence.
But the problem is that Xiangkun Company is very poor now and is going to close down soon, so it can't get out the money at all.
Lei-Ban, another shareholder of the company, claimed that the legal person Yi Ruian was in charge of the company's business and that he had no idea about the wage arrears.
Then it's stuck. The legal relationship is a bit complicated. Even the labor inspection department can't force the Ray-Ban to pay the money. It can only suggest legal means to solve it.
Tang Fangjing wanted to shake his head. In his opinion, when it comes to labor-related legal relations, it should be as simple as possible. As a result, not to mention various subcontracting, it was both personal employment and a limited liability company.
Not to mention migrant workers, even college students can’t understand the twists and turns. In the end, you can’t get paid for your work, and there is no way to defend your rights.
If they go through legal channels and encounter an unscrupulous lawyer, they will be advised to arbitrate or sue Yi Ruian. As a result, the lawsuit is won, the lawyer gets the legal fees, but the salary is still not enough...
You can't say that the lawyer was wrong and the other party was right. If it can't be implemented, that's a matter for the court.
A master like him can naturally understand the legal relationships involved, but you have to know that these layers of complex legal relationships are themselves the biggest obstacle to rights protection.
Forget it, the road must be walked step by step.
"How's it going? Have you asked clearly?" Ma Yao had just registered another case and asked immediately.
"I've asked clearly. It's indeed troublesome, but I still have to deal with the trouble. I have to change the arbitration application first. The other thing is that I have to apply to the arbitration committee to collect the evidence found by the labor inspection."
This is evidence that Chaotian Construction Company subcontracted the relevant projects to Xiang Kun and paid the corresponding fees to Xiang Kun.
There is not much evidence that the workers can obtain. The key evidence is the chat records and transfer records between Yi Ruian and them.
Six months of wages were owed, but I had been working for nine months, and all the money for the first three months was paid, and it was directly transferred by Yi Ruian.
All we can say is that regulations are regulations and reality is reality. People don’t care about company accounts or private accounts.
Not to mention illegal subcontracting, that is the work of the relevant departments, and what he wants here is wages.
He first planned to confirm the labor relations between several workers and Xiangkun Company!
Yes, that's right, labor relations, not to mention that construction sites are all labor relations, and not to mention that retirement at the age of sixty does not count as labor relations. If Tang Fangjing doesn't have this ability, he can just end his life as soon as possible.
Specific cases must be analyzed in detail. This is what Lao Tang often said when teaching students. Lawyers who stick to general regulations will never succeed.
In terms of labor relations, the wages are doubled.
Sure enough, after seeing the application again, Ma Yao hesitated for a while and finally said: "Lawyer Tang, this should be a labor relationship. There should be a labor subcontract between Xiangkun and another construction company..."
"You don't have to worry about this. I hope this matter will be finished quickly than you do." Tang Fangjing said with a smile.
The first step is to establish a relationship with Xiangkun. The second step is to connect Xiangkun's debts with shareholders. It doesn't matter whether Yi Ruian disappears or not. Lei Ban said he didn't know how it was possible.
The waiting time is always the most heartbreaking for Tang Fangjing, but this case may be special. A few days after submitting the application, the arbitral tribunal contacted him and said that it wanted him to talk to the Ray-Ban to see if the matter could be mediated. .
Although he didn't think the so-called mediation would have any results, Tang Fangjing still planned to go. He wanted to see who Ray-Ban was.
The next morning, Tang Fangjing arrived at the arbitration tribunal on time. The arbitrator was a middle-aged uncle. When he saw Tang Fangjing coming, he greeted him and asked him to sit down.
And Tang Fangjing finally met another shareholder of Xiangkun Company, Lei Ban.
He looks very social, with tattoos exposed on his neck. When walking on the street, you will feel like you are not allowed to approach strangers.
I really don't blame him, Old Tang, for judging people by their appearance. The other person's appearance is exactly as he imagined.
However, before he could speak after he sat down, Lei Pen on the opposite side said: "You are that Tang Fangjing, and you still arbitrate. I already told you that I don't know. This matter has nothing to do with me. Why do you have to come to me before it's over?" ?”
