230: Let them move around

It was another clear morning, the sun scorching the earth, as the Changhua District Court opened its session to hear the case.

Everything else was easy to say, as it had already been confirmed in the labor arbitration, but Zhou Yun needed to provide evidence for two points: one was the issue of salary payment, and the other was the composition of the business.

This was also the core dispute in the labor arbitration; Langxin Company believed that it was not responsible for salary payments and that Duan Liwei's work was not part of their company's business.

It was obvious, if you took orders from the platform, it had nothing to do with us, so there was no labor relationship at all.

As for management, there was indeed management behavior, which could not be denied, because in the labor arbitration, there was already evidence such as weekly meeting records and leave request chat records.

Leave request chat records and program records, etc., have strong probative value in labor disputes.

Why? Look, if I don't work, I have to ask you for leave. What does this prove? It proves that you managed me, right?

This can also be considered another small trick; sometimes in daily work, you can specifically ask for leave, whether it's sick leave or personal leave.

Regardless of whether the company approves it or not, this counts as strong evidence, proving that the company exercised substantive management over you.

We are not saying we want to be like those "labor fraudsters" who, knowing the other party deliberately doesn't sign a contract, join the company to collect evidence, and then file for arbitration shortly after, demanding double wages...

Companies can hire lawyers and legal professionals to design legal moats, and workers should also have their own set of wisdom, paying a little attention to evidence collection in daily life.

This is purely a means of self-preservation, so that when a dispute arises and you need to sue, you don't end up with no evidence.

Labor disputes, if you pay a little attention to them normally, are actually very simple, and you can handle them yourself.

Getting back to the point, Zhou Yun now had sufficient evidence: those two contracts.

First, there was the contract signed between Hongquan Company and Lixia Company, proving that the takeout business in that area had been entrusted to Lixia Company.

Then, there was the contract between Lixia Company and Langxin Company, proving that this business was outsourced to Langxin Company, and salary payment was entrusted by Lixia Company to its subsidiary, Goufei Company.

This completed the chain of evidence.

Although so many methods were used to conceal it, this money was actually labor remuneration.

And this business was indeed a component of Langxin Company's business, which perfectly met the first article of the "Notice on Determining Labor Relations" issued by the former Ministry of Labor.

First, both the employer and the employee have substantive qualifications, no problem, perfectly met.

Secondly, various labor rules and regulations formulated by the employer in accordance with the law apply to the employee, and the employee is subject to the employer's labor management and engages in remunerated labor arranged by the employer.

Duan Liwei even had to specifically ask for leave, so he certainly complied with Langxin Company's rules and regulations, and the work he performed was also remunerated labor arranged by Langxin Company, perfectly met.

Finally, the labor provided by the employee is a component of the employer's business, and the two contracts can perfectly prove that it is indeed a business component.

That's how lawsuits are; you collect evidence according to regulations and apply it. Whoever applies it better wins.

Neither Langxin Company nor Lixia Company hired lawyers. President Pan had specifically consulted a lawyer about this situation, and there was basically no possibility of overturning the decision.

With such sufficient evidence, there was no way to refute it.

So, the whole process did not cause much uproar; it was more like going through the motions.

After the court debate concluded, the Presiding Judge said, "Are there no further additions from either party? Very well, the court will recess for twenty minutes, then the judgment will be pronounced."

Hearing this, Zhou Yun immediately smiled; they were going to pronounce the judgment directly.

But it was also normal; such a simple case didn't require much, and with such complete evidence, it was impossible for things to turn around.

Soon, twenty minutes passed, and the Presiding Judge pronounced the judgment in court: although the contract between Duan Liwei and Langxin Company was full of terms like "cooperation" and "no labor relationship," a labor relationship did indeed exist in substance.

It's not that if the contract says it doesn't exist, then it doesn't exist.

After the judgment was rendered, Langxin Company appealed as expected. This was an appeal for the sake of appealing, just to delay for one more day.

Zhou Yun was not in a hurry now; what the other party might do was nothing more than transfer the company's assets.

Let them transfer it; where can they transfer it to? Currently, it's only about confirming the labor relationship, so there's no way to apply for freezing.

But as long as it's transferred, there will be traces. This is not the past; the "Interpretation on Several Issues Concerning the Application of Law in Criminal Cases of Refusal to Execute Judgments and Rulings" issued by the two highest courts became effective in December 2024.

Article 6 of which stipulates that if an actor, in order to evade execution obligations, carries out acts such as concealing or transferring property after the commencement of litigation and before the judgment or ruling takes effect, and after the judgment or ruling takes effect, it is verified to be true, and the actor refuses to execute when required to do so, it can be determined that he has the ability to execute but refuses to do so, and if the circumstances are serious, he shall be held criminally liable for the crime of refusing to execute judgments or rulings.

In the past, generally, transfer after the judgment was considered refusal to execute.

But now, as long as it is verified that you transferred it after the commencement of litigation, it counts as the crime of refusal to execute.

Moreover, Zhou Yun had already started investigating the actual controller, and there were many ways, just a bit troublesome.

But Zhou Yun was never afraid of trouble.

Time slowly passed, and the appeal naturally went to the Anping City Intermediate Peoples Court. The Intermediate Court did not hold a hearing this time; it made a judgment directly after a written review, rejecting the appeal and upholding the original judgment!

After receiving the judgment, Zhou Yun did not delay for a moment and immediately took the judgment to the Changhua District Human Resources and Social Security Bureau.

The Human Resources and Social Security Bureau has a special window for work-related injury identification, and Zhou Yun quickly submitted the materials.

The window staff took the materials and looked at them, then said, "You're applying for work-related injury identification? It's already been more than forty-eight hours, hasn't it?"

Those who work here are usually very familiar with the regulations for work-related injury identification, so they made a judgment directly after seeing the admission time for rescue and the time of death.

Zhou Yun heard this and said, "Although it has been more than forty-eight hours, I don't know if you noticed a detail: the person died five minutes after the tube was removed."

"And from the time the party was sent to the hospital for rescue, he was in a coma, relying on a ventilator to maintain life. In such circumstances, it's impossible for the party's family to directly remove the tube just for work-related injury compensation, right?"

The window staff heard this and said, "It's useless for you to tell me this. If it exceeds forty-eight hours, it definitely cannot be identified. This is a clear regulation. Look, you are even a lawyer, so you should be very clear."

Zhou Yun waved his hand directly and said, "Alright, let's not argue about this issue between us. You go ahead and identify it first, and whatever the result, give me a copy first."