Bab 7: Chapter 7: This company's legal affairs must have been learned at the sports college!
Bright District Guangming District Court's Civil Chamber No. 2 was all seated with both the plaintiff and the defendant.
But just looking at that young man across from him, Manager Liu couldn't help but feel uncomfortable. His gaze seemed fixated on them.
He even had the feeling that, any second now, that guy named Tang was going to pounce on them for a real-life showdown!
Come on… Manager Liu muttered to himself, it's just some compensation.
After some thought, he still said, "Elder Zhang, about today's trial… what's with that kid's look?"
Upon hearing this, Elder Zhang from legal affairs sternly replied, "Old Liu, what are you implying? Do you not trust me? Am I professional, or is he professional?"
"He didn't even bring a lawyer today. I don't know what you're worried about. Are you worried that I'll lose?"
This was a rather serious accusation, and Manager Liu quickly responded, "No, no, Elder Zhang, I certainly believe that you're the professional."
Elder Zhang, after all, graduated from a proper legal education and even had a year of litigation experience.
Whereas the other party probably got his legal knowledge from the internet; it's almost a dragon riding on someone's face—there's no way we could lose.
Thinking this, Manager Liu felt reassured. Let him glare all he wants. Would he dare to start a fight in court? If he really did, that would be perfect…
In such an atmosphere, as the court clerk called for "All rise," Judgment Chief Zhou Yong, with the judge, the people's assessors, and others, walked in bearing an expression of deep fatigue.
Old Zhou was truly tired. As everyone knows, judges in grassroots courts are essentially treated like beasts of burden, because holding a trial involves much more work than what is seen in the courtroom.
Moreover, this case was particularly troublesome.
We always say to base judgments on facts and on the law, but judges are humans too.
Judges can have biases when determining facts and applying the law; this is quite normal.
Of course, grassroots courts have certain assessment measures in place, like the case resolution rate, but that's another matter.
At least to Old Zhou, these types of cases are the most headache-inducing at the grassroots level!
Anyway, let's see how the agents for both sides will argue today... eh, the plaintiff doesn't have an agent?
Quickly checking again, he confirmed the case file once more—oh right, the plaintiff didn't hire a lawyer!
That was truly odd. For such a big case with a subject matter of over six hundred thousand yuan, it was notable that he would represent himself in the argumentation.
Old Zhou knew from the case file that this young man's previous job had nothing to do with the law. Was he really that confident?
Court was declared in session, but procedures had to be followed—names, addresses, contact information of the litigation participants, as well as any matters regarding recusal, all the necessary procedures needed to be completed.
Finally, it was time for the court investigation stage, where both sides could state their case and present evidence and arguments.
Elder Zhang sat there looking like a boss, giving Manager Liu a reassuring glance, then energetically began his "performance."
Many people become reflexively nervous once on the stand. Just think about it, even speaking in front of many people at school or work can make one nervous, let alone in the solemn atmosphere of a court.
Thus, with Elder Zhang wearing an expression of anticipation, Tang Fangjing began to speak.
"Evidence one, timecard records for clocking in and out of work, proving my work hours at Bluebird Company were fixed."
Elder Zhang immediately replied, "No objection to the authenticity of the evidence, but there is objection to its probative value. Our company employs a flexible work system, so this evidence cannot confirm the existence of overtime."
Tang Fangjing was not surprised and promptly took the second piece of evidence.
"Evidence two, communication records after working hours over the last two years…"
His main evidence consisted of four parts, the latter three being communication records after work on weekdays, on rest days, and during statutory holidays.
They were plentiful, especially plentiful.
Elder Zhang's cross-examination was the same, denying the strength of the proof, claiming that it was just some communication and couldn't be considered overtime!
Soon it was Elder Zhang's turn to present evidence, and he did just that.
"Evidence one, the Bluebird Company's rules and labor contracts clearly state that the company adopts a flexible working hours system, with working hours that are not fixed."
"Therefore, the plaintiff agreed to this from the beginning, and there is no so-called overtime. Clocking in and out is merely a means to encourage employees, and is not actually used to constrain them..."
After finishing, Elder Zhang looked towards Tang Fangjing across from him, see that? I not only have the company regulations, but also the labor contract. You knew this when you signed your contract at the time of joining.
Of course, he knew he was talking nonsense; at Bluebird Company, being late or leaving early from work was very serious...
This is the current situation of some companies; they want to establish a company culture and introduce flexible working hours while enforcing strict assessments...
It gives off a sort of schizophrenic vibe.
Normally, when people see such content in their labor contracts, they will be intimidated, after all, they have signed it themselves.
However, in the face of Elder Zhang's dazed gaze, the pale-faced young man across from him retorted, "The authenticity of the evidence is not disputed, but it cannot at all prove the adoption of a flexible work system."
"According to the Labor Contract Law and the Handong Province regulations on businesses implementing flexible work hours and comprehensive... provisions, the adoption of flexible work hours system requires application to the labor department and must be approved to proceed."
"And the defendant has not provided any approval from the labor department with their evidence, so it cannot be proven."
The so-called flexible working hours and non-fixed work schedules and the like, cannot be implemented merely at the company's discretion, even if the employees agree, it still requires approval.
Perhaps there would be no issue if both parties agreed, but if one were to get serious about it, that's a problem...
After a pause, Tang Fangjing, under Elder Zhang's perplexed eyes, added another statement, "As far as I know, if an employer implements a flexible working system without approval, the labor department should order compensation for the extended working hours and handle the formalities retrospectively."
"If not executed, it seems there will be fines, right?"
Ah, ah, ah... Even if Manager Liu doesn't understand the law much, he can see it now. It seems Elder Zhang is completely suppressed by the opponent, not to mention that they have found loopholes in his evidence!
That loophole could not only help him win the lawsuit but could also be taken to the labor department for reporting...
Tang Fangjing was already feeling like laughing. He couldn't quite remember if the company's articles of association included that flexible work hours provision or not, mainly because those articles are never visible in normal times.
But no matter, he knew before the lawsuit that they would definitely present this as evidence, sure enough...
Handling the formalities retrospectively? Impossible to achieve, because it's clear that Bluebird Company is better suited using a fixed work schedule.
Otherwise, do you think you can save on overtime pay with a flexible working system and make people work overtime at will?
The money that would be involved is not small... So, Bluebird Company will not handle these so-called procedures.
Judgment Chief Old Zhou wasn't feeling sleepy anymore; this young fellow was rather cunning, even more skilled than some experienced lawyers.
As for court investigation, obviously the Judgment Chief would need to ask a few questions.
So, he inquired, "Defendant, has the Bluebird Company's flexible working system been approved?"
Elder Zhang hemmed and hawed for a long time before finally responding, "No, it has not..."
If he dared to deny it at this point, it wouldn't just be a simple matter of paying compensation...
Then, he heard the man across from him speak up, "Oh dear, daring to include it in the company rules without approval, did the company's legal team study law at a sports academy?"
Elder Zhang: "..."
Hadiah
-- Hadiah diterima Status Power Mingguan
-- Peringkat
Power 
-- Power
stone