Chapter 105 You Knife, I Knife

Seeing that Huang Shanhe silently did not speak, Cen Yutong pointed at Liu Yangfan again and said: "Lao Fu They have adopted some radical methods, nothing more than to get back what they should take, and now they have entrusted Lawyer Liu with full authority to deal with the matter of asking for salary, and Lawyer Liu will also put forward a specific plan, hoping that the matter will be resolved as soon as possible." She said the latter sentence to remind them that it was wise not to be impulsive and leave it to a lawyer.

Liu Yangfan said: "Manager Huang, out of the spirit of humanitarianism, our law firm decided to represent Fu Tong in this case for free, so now my opinion represents Fu Tong's opinion. You and I both know that if we go through strict legal procedures, alarm the relevant departments, and add the intervention of the media, things will only get bigger and bigger.

"That's why I advocate that we both negotiate on our own first. If mediation solves the problem, then there is no need to go to the labor arbitration department. But we really can't negotiate, we have to find the labor arbitration department for arbitration, if the labor arbitration department still can't coordinate, find the court to file a case, find the court executive bureau to enforce it, to that point, what should we do, we still have to do......

Manager Huang also understands that the longer things drag on, it will be detrimental to both parties. As you just said, there are some things you can't decide, and I believe that. However, communicating first and talking about each other's bottom line is always beneficial for further negotiations. ”

Liu Yangfan said that he was concerned, and Huang Shanhe responded: "What about this matter, you really misunderstood." I have repeatedly said that if you want a salary, you have to find China Shipping Company, to put it mildly, Lao Fu, your brother should be looking for you. We are still having a headache because of the fact that the project cannot be accepted, and only when the project is accepted can we allocate the balance to China Shipping Company. Then Zhonghai paid Lao Fu, and Lao Fu paid his wages to his brothers. Lawyer Liu, do you think that's the truth? ”

Liu Yangfan said: "Manager Huang, there is indeed a triangular relationship. But from a legal point of view, it is not wrong for Fu Tong to take his brothers to ask for wages from Tianqi. ”

Huangshan River: "I don't understand this, it's not our responsibility to pay workers' wages." Our responsibility is to pay for a construction company to build a house, and it is China Shipping Company that connects with us. If the house is not good, we have to find China Shipping Company to hold it responsible, as for China Shipping Company to subcontract the project, who to subcontract to, whether there is any qualification, it should be for them to sort out...... It's obviously a very clear truth, but why do you rely on the apocalypse? ”

As soon as these words came out, Fu Tong and the others did not follow it again, and immediately exploded: "We have done our work, and we can't accept it, maybe there is a problem with your design drawings themselves, do we have to be responsible?" Zhonghai said, they don't have money, you have money, let's ask you! ”

Huang Shanhe asked: "I take the liberty of asking, what kind of rhetoric did China Shipping Company use when it refused to pay your salary?" ”

This question concludes with Fu Tong's words. Because he was a contractor with his brothers doing odd jobs, he did not have the qualifications to practice, and it was on this ground that China Shipping Company said that the reason why it could not get the final payment was that it had no professional qualifications, and instigated Alitong to directly ask for money from Tianqi. At this moment, Huang Shanhe asked like this without fear, and it was his seven inches.

Seeing that Fu Tong didn't speak, Huang Shanhe was a little proud, so he made up again: "There is another thing that lawyer Liu should think about, if the workers have signed labor contracts, it will be more advantageous to protect their rights." Of course, this still has nothing to do with the apocalypse, because it is not our apocalypse who owes wages. Mr. Fu, I don't know if you have signed a labor contract with your brothers and China Shipping Company? ”

Obviously, Huang Shanhe has been pretending to be embarrassed and pretending to be sincere, and he can deal with this kind of thing, and everything he says is poisonous. Protecting the rights of migrant workers has always been a big problem. After the real estate developer hands over the project to the builder, the builder will often subcontract the project layer by layer, and once the incident of non-payment of wages occurs, it is equivalent to the subject of many lawsuits. These contractors usually kick the ball, causing long delays and increasing the cost of protecting the rights of migrant workers.

In addition, due to the strong mobility of migrant workers and the layers of subcontracting, there are very few migrant workers who actually sign valid labor contracts. Many migrant workers who lack a sense of self-protection do not sign labor contracts with employers, and it is very difficult to obtain evidence to resolve labor disputes.

Because of this, even if the lawsuit can be won, the time required for the preliminary evidence collection and investigation is too long, and when the lawsuit is concluded by the employer, the rights protection incident will have to go through 14 procedures, including compulsory enforcement.

Liu Yangfan is naturally very clear about these, and he replied to Huang Shanhedao: "This Manager Huang is too worried, whether it is in the negotiation stage or may go to court in the future, we will use the class action model to deal with this case." ”

The so-called class action, also known as a representative lawsuit, refers to the fact that the majority of the members have common interests among themselves, and because the number of people is too large to be able to conduct the lawsuit as a whole, one or more of them may sue or respond to the lawsuit for the benefit of all.

With the exception of the lead plaintiff, none of the other victims are required to participate directly in the litigation or even to be aware that such a litigation is taking place. Once the amount of compensation is determined, each victim receives a proportional amount of compensation. In addition, any member who does not wish to participate in the class action must apply for withdrawal in person, otherwise it will be considered automated. In this way, there is no need for many people to participate in a lawsuit, and the lawyer only needs to negotiate with the lead plaintiff, which greatly reduces the cost of coordination.

Of course, Cen Yutong didn't understand these professional terms, so last night, she did her homework and specially asked Du Niang to make up for it, and she barely passed. But Huang Shanhe understood very well, and when he heard the words "class action", his eyebrows moved, and he asked, "But ...... is the chief plaintiff?" he said, looking at Fu Tong twice.

Fu Tong glared back at Huang Shanhe, while Liu Yangfan replied seriously: "Of course Fu Tong is not the chief plaintiff, he is not even the plaintiff." After a pause, he said, "He is a defendant and will be a defendant along with China Shipping and Tianqi Real Estate, and will be jointly and severally liable for the workers' wages – and if we end up in litigation, we will do so." As for the lead plaintiff you care about, either Fugui or Ah Fen can be the plaintiff. (To be continued.) )