Chapter 7 The company's legal affairs are law studies at the sports academy!

In the Second Civil Division of the Guangming District Court, the plaintiff and the defendant were already seated.

Just looking at the eyes of the young man opposite, Director Liu felt very uncomfortable, and the other party's eyes kept staring at the two of them.

He even had a feeling that the next second, the person surnamed Tang was going to pounce on them and have a real showdown!

Not really...... Director Liu muttered in his heart, isn't it just a few compensation fees.

After thinking about it, he still said: "Lao Zhang, today's court is ...... Why did the kid on the other side look like that? ”

The legal counsel next to him, Zhang Yanyan, said with an unhappy face: "Lao Liu, what do you mean by this, don't you believe me?" Is it me or is he professional? ”

"He didn't even bring a lawyer with him today, I don't know what you're worried about? Worried I'll lose? ”

This is a bit serious, and Director Liu hurriedly said: "No, no, Lao Zhang, of course I believe that you are professional." ”

Lao Zhang graduated from law and has been litigating for a year.

On the other hand, it is estimated that the legal knowledge obtained is all seen from the Internet, which is almost a flying dragon riding face, and you can't lose no matter how you think about it.

Thinking about Director Liu, he was relieved, just let him stare at him, he still dared to do it in court, it would be best if he really did it......

In such an atmosphere, in the voice of the clerks "all stand up", the presiding judge Zhou Yong walked in with the judges, people's assessors and other people, with a thick tiredness on their faces.

Lao Zhou is really sleepy, as we all know, the judges of the grassroots courts are basically to be "big animals", after all, the trial of cases is far from the work seen in the court.

What's more, this case is even more of a headache.

We often say that the facts are the basis and the law is the criterion, but judges are all human beings.

It is normal for judges to have deviations in their determination of facts and the law.

Of course, the grassroots courts also have some assessment methods, such as the rate of development and reform, which is not much to say.

At least in Lao Zhou's opinion, this kind of case is the most headache at the grassroots level!

Forget it, let's see what the agents of both sides say today...... Eh, there is no agent on the plaintiff's side?

I quickly looked at it again and confirmed the file again, oh yes, this plaintiff didn't hire a lawyer!

This is really strange, such a big case, the subject amount of more than 600,000 is really a lot, he actually thought about arguing for himself.

And Lao Zhou knew through the case file that the work that this young man had done before had nothing to do with the law, was he so confident?

When the court is announced, it is still necessary to go through the procedures, such as the names, residences, contact information of the participants in the litigation of both parties, as well as matters such as recusal, etc., and the procedures that should be followed.

Finally, it came to the court investigation stage, where both sides made statements and presented evidence for cross-examination.

Lao Zhang sat there with the appearance of a big man, gave Director Liu a "reassured" look, and then started his performance in high spirits.

Many people get used to being nervous when they go to court, and if you think about it, it's more nervous to talk in front of a lot of people when you go to work when you go to school, let alone in the solemn atmosphere of the courtroom.

So, in Lao Zhang's look of good play, Tang Fangjing spoke.

"Evidence one, clock-in/out records, proves that my working hours at Bluebird are fixed."

In this regard, 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 the evidence cannot prove the existence of overtime." ”

Tang Fangjing was not surprised, and immediately picked up the second piece of evidence.

"Evidence 2, the ...... of communication records after work on weekdays over the past two years"

There are four pieces of his main evidence, the last three of which are communication records after work on weekdays, communication records on rest days, and communication records on statutory holidays.

It's a lot, it's a lot.

Lao Zhang's cross-examination of this is the same, the strength of the proof is not recognized, it is just some communication, and it cannot be regarded as overtime at all!

Soon it was Lao Zhang's turn to present evidence, and he also came up with evidence.

"Evidence 1, the rules and regulations of Bluebird Company and the labor contract, which clearly state that the company adopts an irregular working system and flexible working hours."

"Therefore, the plaintiff also agreed at the beginning, there is no so-called overtime, clocking in and out, it is just a means to urge employees, and it will not really restrain employees by clocking in......"

After Lao Zhang finished speaking, he looked at Tang Fangjing opposite, and saw that I not only have company regulations, but also labor contracts, you already knew it when you signed the contract.

Of course, he knew that he was talking nonsense, and it was very serious for the Blue Bird Company to be late for work and leave work early......

This is the current situation of some companies, they want to engage in some company culture, what flexible working hours, but the assessment is very strict......

It's like giving people a schizophrenic feeling.

Ordinary people will be frightened when they see that the labor contract does have such content, after all, they have signed it.

However, in Lao Zhang's dull gaze, the pale-faced young man on the opposite side said directly: "There is no objection to the authenticity of the evidence, but it cannot prove the irregular working hours system at all." ”

"According to the Labor Contract Law and the Handong Provincial Decree on the Implementation of the Irregular Working Hours System and Comprehensive ...... for Enterprises The implementation of the irregular working hours system requires an application to the labor department and approval is required. ”

"However, the defendant's evidence was not approved by the labor department, so it could not be proved."

The so-called flexible working hours, irregular working hours, etc., are not something that the company can do with just one mouth, even if the employee agrees, it must be approved.

Maybe there will be no problem if both parties agree, but if it's really true, it's all a problem......

After a pause, Tang Fangjing said another sentence in Lao Zhang's bewildered eyes: "As far as I know, if an employer implements an irregular working hours system without approval, the labor department should order it to pay the cost of extending working hours and go through the formalities." ”

"If you don't enforce it, it seems that you will be fined!"

This, this, this...... Even if Director Liu doesn't know much about the law, he has already seen it now, as if Lao Zhang was completely suppressed by the other party, not to mention, but also found a loophole in his evidence!

That loophole not only allowed him to win the lawsuit, but also to report it to the labor department......

Tang Fangjing already wanted to laugh a little, and he couldn't remember whether there was a 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, and sure enough, ......

Re-apply for procedures? It was impossible to do this, because it was clear that the Bluebird company was better suited to work on a regular basis.

Otherwise, do you think that you can save overtime pay by working irregular hours, and you can let people work overtime casually?

That's not a lot of money...... Therefore, the Blue Bird company will not go through the so-called procedures.

Judge Elder Zhou is not sleepy at all, this young man is very clever, and he is more skilled than some old fritter lawyers.

In the court's investigation, the presiding judge will definitely open his mouth to investigate.

So he asked, "Defendant, has Bluebird's irregular working hours been approved?" ”

Lao Zhang snorted for a long time, and finally said: "No, no ......"

If you dare to deny it at this time, it will not be a simple loss of money......

So, he heard the man on the other side speak: "Oh, you dare to put it in the company's rules without approval, the company's legal affairs are laws studied at the sports academy, right?" ”

Lao Zhang: "......"