The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 335 Just because they came! (seeking a monthly ticket)
In the hospital, Jiang Hao hung up the phone. He had just chatted with his parents. Not surprisingly, his parents disagreed.

Originally, he wanted to say that he would not open his mouth with his family. After all, this was actually asking his parents to bear the responsibility they should not have to bear, but Jiang Hao called his parents anyway.

There is only one disease in the world, and that is poverty.

There is really no other way, I have already thought of all the ways I can think of, teardrop raising, borrowing money, it can be said that my girlfriend's parents have already borrowed all the money they can.

The relatives also know that money is needed when something like this happens at home, but no one's money is blown by strong winds. If you do your best, you can still live.

Jiang Hao thought of the company again, but he was hesitating. What should the company do if it made it clear that he would not pay?

He must not be able to talk about the law, he is a professional.

At this time, Jiang Hao suddenly thought of a legend in Tenda Company, if there is anything to do, remember to ask Mr. Zhou!
Moreover, the legend in the company was said to have a nose and eyes, and Jiang Hao before him naturally didn't believe it.

After all, he had learned in school that the company's purpose is to make profits. If every employee in the company is in charge, how can it make money? Doesn't the boss need to make money?

But now there is no other way, he can only choose to ask the company for help.

In Tenda Company, Ma Yao was busy with the work in hand, and then received a call from Jiang Hao.

"You mean, money is urgently needed now, but your girlfriend's company has no other news after paying 10 yuan in advance, right? Then you want to let the company take more responsibilities, right?" Ma Yao opened the mouth.

"Yes, master, now, we really can't do anything now. Tiantian's condition has improved a lot. If I continue to work hard, I have great hope of recovery. I, I really don't want to give up!" Jiang Hao said The voice was very hoarse.

"Okay, then come back first, I'll contact Mr. He and ask you to consult with our legal counsel."

Only magic can fight against magic. It is a bit inappropriate to put it here, but I just want to explain that professional things should be left to professional people, especially when your mouth is stupid.

Half an hour later, in Tenda's legal department office, legal girl Liu Shiwen sat there, looked at Jiang Hao in front of her and said, "Don't worry, what we can confirm now is that your girlfriend fainted in the company, and from The company was sent to the hospital, right."

Jiang Hao nodded: "That's it. Many people saw it at the time, and people in our company saw it too."

"This is not a problem. There are surveillance over there, and there are records in the ambulance. The problem now is that if you want to seek compensation from the other party's company, you must prove that your girlfriend was hospitalized because of excessive overtime."

"Besides, as the other party said, first, your girlfriend is an intern, not a regular employee. Whether there is a labor relationship is still a matter of debate. Second, whether it can be recognized as a work-related injury is also difficult. It needs to be proved There are too many things..."

In terms of causality in law, if you want to prove that the other party’s illness is caused by excessive overtime and staying up late, you first need to prove whether excessive staying up late will cause such a disease!
Secondly, it is necessary to prove whether there is excessive staying up late...

Don't think it seems unnecessary to say this at all, let's just talk about the evidence, the company's clock-in situation, haven't you encountered a situation where you have to clock in after get off work, but you still have to work?

As I said before, the current company has too many routines in this regard.

Whether you can prove overtime work depends on the attendance record, but what if there are problems with this thing?

The regulations say to leave work at six o'clock, and you signed off at six o'clock, but you can't leave. How do you determine the time at this time?

This is the problem, and even if there are attendance records, in practical cases, if only attendance and clock-in records are used as evidence of overtime work, if the company denies it, the arbitration committee or the court will most likely not support it.

Moreover, there is another situation where you are asked to work various overtime at night and then take compensatory rest. There are regulations here, four hours, half a day of compensatory rest, and one day of compensatory rest for more than four hours.

But basically...just listen.

We all know that staying up late hurts the body. This topic has been searched n times, so let you wait until three or four o'clock, and sleep more the next day. Can you make up for the shortfall in your body?
After all, human beings are mortals, not machines, so even if the machine wears too much, it needs to be refueled and repaired.

Unfortunately, there are no relevant provisions in the law.

Jiang Hao was dumbfounded again, he really didn't expect that there would be so many twists and turns.

"Then what do you think we can do now, arbitration or prosecution? But it's too late!" Jiang Hao said.

Liu Shiwen began to think about it. She had very few labor lawsuits in Tengda, because almost none of Tengda's employees left their jobs, and few of them left their jobs voluntarily due to reasons other than work.

If she is a lawyer, it is definitely recommended to go to various legal channels, as long as she can make money anyway.

But she's not a lawyer, she's just the company's legal counsel, and the boss is a nice guy.

It's just that no matter how she thinks about it, she feels that it is not easy to identify it as a work-related injury, or it is basically impossible to be a work-related injury.

Even if this matter is mentioned to the Human Resources and Social Security Department, or to the Labor Arbitration Commission, this is the result.

After thinking about it for a long time, Liu Shiwen could only say: "This... is really difficult to deal with. I can't give any suitable suggestions now. It can be said that this basically cannot be recognized as a work-related injury. We can only negotiate with them. Or...or ask Mr. Zhou for help."

What?Looking at the petite legal girl in front of him, Jiang Hao opened his mouth but still remained silent. He originally wanted to get advice from the company's legal counsel, but the advice he gave was really difficult.

Everyone knows that the boss is a big internet celebrity. If the boss posts a video, then this matter will definitely attract attention, but the boss is just the boss, not their father, so why should he help post this.

The situation seemed to be a little bit wrong. Finally, Huo Pengfei, who was busy on the sidelines, couldn't bear it anymore.

"I said Shiwen, it's not easy for him to identify a work-related injury, so there's nothing you can do about it? It's not a work-related injury, it's a tort, it's a violation of the right to life and health, why go to arbitration, directly file a tort suit That's fine!"

ah?The three of them, Jiang Hao, Ma Yao, looked over. Everyone didn't know much about Huo Pengfei. This legal officer didn't get along very well after he joined the company, and he always liked to strike up conversations with pretty girls, so...he wasn't very popular.

But I didn't expect him to say such a thing at this time!
Liu Shiwen froze there. She suddenly felt that she seemed to have been working in the company's legal affairs for a long time, and her mind was restricted. When encountering such a situation, she would consciously resort to work-related injuries.

But I forgot about the Civil Code itself. For personal torts, it is indeed possible to file related infringement lawsuits!
It needs to be clarified here. In many cases, when we say that we have lost the lawsuit, it means that your appeal has been rejected.

For example, in the same case, you can file for infringement damages or breach of contract damages. If the breach of contract damages you file fails, it does not mean that the infringement damages will also fail. This is because different demands lead to different results.

Huo Pengfei had already walked over, and said unhurriedly: "And if you file an infringement lawsuit, it will be easier for you to collect solid evidence than before. You only need to prove that staying up late will cause your girlfriend's illness... What the hell Say, myocarditis? Oh yes, that’s it.”

"Then, let's prove one more thing. Before your girlfriend was sent to the hospital, there were continuous stay-ups, and this stay-up was required by the company, so the company needs to bear the tort liability!"

Huo Pengfei is now working hard to learn how to speak, so he is close to the other party when speaking and doing things. When talking to ordinary people, try to speak plain language, which means that everyone can understand it.

Rather than forcefully speaking those French and other things.

Huo Pengfei's words made the three of them feel enlightened. This is to put aside the so-called work injury insurance regulations, labor laws and other departmental laws. We don't talk about labor relations, intern status or overtime.

We use logical causality and the tort provisions in the civil code to connect the whole incident together!
What about working overtime or not? Just say that your company asked me to stay up all night. I stayed up all night, and I stayed up all night continuously. Then, I asked a hospital or a relevant institution to issue an appraisal result. I suddenly fainted due to a sudden illness. , Is it because of the recent continuous staying up all night!
Once the evidence of these two logical relationships is fixed, the whole thing will be done.

There is no way out of the mountains and rivers, and there is another village in the shadow of the willows. This is what Jiang Hao thinks now.

Liu Shiwen stared blankly at Huo Pengfei in front of her. Ever since this lawyer Huo joined the company, she felt that the other party seemed to be like that. He spends his days in the company, drawing up a contract, and anyone can do it.

Who would have thought that this person's level seems to be [-] points higher than she imagined...

It even gave her a feeling of being big and big in front of her!

"Lawyer Huo, let's see what I should do now. Thank you so much..."

Facing the admiration and gratitude in the eyes of everyone, Huo Pengfei was a little flustered again. He was like this, and he was always not calm when encountering things.

"Oh, it's okay, it's all from the same company. I should help you. Don't take small things to heart."

"What you have to do now is to fix the evidence I just said, chat records, time sheets, and specific work records, etc., as long as it can prove that your girlfriend often stays up late, and stays up until late at night. , then no problem."

Jiang Hao nodded quickly. He thought about going back soon and discussing with his girlfriend to fix these evidences!

But he suddenly thought of something, and hurriedly asked: "Then if we can't collect all these evidences, you know, we don't pay attention to these when we work on weekdays..."

"I dare not vouch for you!" Huo Pengfei shook his head and said, "However, in civil trials, our judges will have a standard. This standard is called the standard of high probability of civil evidence!"

What is the standard of high probability of civil evidence?The Supreme People's Court stipulates in the judicial interpretation of the "Civil Procedure Law": For the evidence provided by the party who bears the burden of proof, the people's court, after reviewing and combining relevant facts, is convinced that the existence of the fact to be proved is highly likely, This fact should be determined to exist.

How do you understand this, in human terms, although the evidence you presented is not enough to prove this matter, but after the judge read it, hey, I think this evidence is very likely, and the possibility is very high!

Then what to do, it should be considered true, this is called the standard of high probability of civil evidence!
How to operate in specific practice, the answer depends on the judge, which is another manifestation of the discretion of the judge!
Of course, there are situations where the standards are not clear in practice, so there is no way to do this, but there are two points to remember: the preponderance of the evidence, and the high possibility of unproven facts.

All in all, you really can't produce definite evidence, but when you can produce corresponding evidence, you need to convince the judges that your story is true.

This is also a big difference between civil and criminal. In criminal, it is said that there is no doubt, while in civil, it is said that the judge can decide according to the situation.

Huo Pengfei explained very clearly that Jiang Hao finally had nothing to say, he greeted a few people, and then left in a hurry. He has too many things to do now.

This time, Jiang Hao was very emotional. If he hadn't joined Tengda, he probably would have no choice but to consult. If such a lawyer goes to consult, the consultation fee will not be small.

Seeing Jiang Hao leave, Huo Pengfei said with emotion, "It's good to be young."

There are too many things like working overtime, so much that many people feel numb.

We even feel that we should work overtime, because only by working overtime can we get more pay.

Zhou Yi has encountered many such remarks before. Many of those who hold this view are relatively hard-working workers with relatively high wages. Of course, overtime is also very serious.

They think this is normal, but Zhou Yi really wants them to read Das Kapital, read Selected Works of Mao...

After we leave, they will build schools and hospitals for you, and raise your wages. This is not because of their conscience, nor because they have become good people, but because we have been here.

But now, some people have forgotten a lot of things. It can only be said that interest is really a good thing, and they have been gone for a long time.

Cheers to Sun Dasheng today, only because the demon fog is back again!
Facts have proved that the promotional expenses that Jiang Hao "spends" were not in vain. As time went by, the news that a 23-year-old young girl entered the ICU because of overtime and staying up too late became more and more popular.

A lot of self-media began to take the initiative to gossip, but before gossip, they went through various considerations and determined that this matter should have nothing to do with a certain district bully, and then they started to do it.

　The second update!The previous chapter has been revised, and my sister is not dead, because when I wrote it, I found that there were already investigation results, and the people were gone, and it was useless no matter how much I fiddled, so I changed it, and you can go to see it again. In addition, this book The idea of ​​litigation in the book is just an idea, don't substitute it into reality, reality and theory are two different things.

　　Another point, remember to distinguish the situation clearly. The labor department only cares about labor relations and tort liability, and needs to sue on its own. Once you understand this, you can understand the notice.

　　
　
(End of this chapter)