Grassroots lawyers also have spring

Chapter 865
Xia Xiaoqing handled affairs very quickly. After reading the case files, she made an appointment with Zhou Huamei the next afternoon, and sent the lawsuit plan to Wang Chuan early the next morning. After Wang Chuan read the lawsuit plan, he called her into the office.

"The plan is very detailed, but the reasoning part is still not enough. Let me give you a suggestion. This kind of case to determine the labor relationship can start from three aspects:
[-]. Subject qualifications, you have analyzed this very well. Both parties have legally stipulated subject qualifications, so there is no problem;
Second, in terms of attributes, that is, whether the employer's system is applicable to our customers, whether the customer accepts the labor management of the employer, and engages in paid labor arranged by the employer;

[-]. Whether the business engaged by the client is an integral part of the business of the employer.

You focus your discussion on these three aspects, and then think about it. "Wang Chuan reminded.

"I understand that both sides of the employment subject meet the legal requirements.

Dependently, this case can be discussed at least from the application of the company's rules and regulations to employees, the company's actual management, time control and daily supervision of employees, and the company's use of platforms to control employees' technology during the work process.

In addition, there is an economic subordination, that is, the company provides our customers with the means of production and labor conditions, and enjoys the fruits of labor. The risks during the period are borne by the company, and our customers are paid according to their work, and labor remuneration is the main source of living.

Well, we have evidence in this regard. The tools and equipment needed to provide services are provided by the company, and the payment ratio of remuneration is not transparent. It is not a single settlement, but wages are paid monthly, which is different from general intermediary platforms.

The main source of income of our customers depends on service commissions, and the labor provided is also an indispensable part of the company's business.

The problems of flexible work and unstable income mentioned by the court of first instance are just superficial, and the essence is still a labor relationship, and our clients are still strictly managed by the company.It's just that the management has been moved from offline to online. I think there is indeed a problem with the first trial. "Xia Xiaoqing thought for a while.

"Well, you are right. The business form of the online platform is a new business form. Many courts have certain limitations in their understanding of this business form, and they still use the traditional model to apply it mechanically. I have seen some cases. Therefore, some courts in the South have a more thorough understanding of this new business model than courts in the North.

The judgments of our courts in the imperial capital are also different. I suggest that you write an article on the identification of labor relations under the new employment method when you have time. If you have the opportunity, I will recommend it to the publication of the Federation of Trade Unions. "Wang Chuan laughed.

"Thank you, Wang Lv!" Xia Xiaoqing beamed with joy.

The most difficult thing about being a lawyer is to be famous. The dream of many lawyers is to become famous in one case. Since Wang Chuan is willing to give her a chance to make her stand out, Xia Xiaoqing is naturally happy.

I have to say that Xia Xiaoqing's mind is very flexible, and Wang Chuan can understand it with a little touch. Of course, this is inseparable from her long-term labor business.

"Work hard, gold always shines, I am optimistic about you! You think about it along this line of thought, then organize the language, form the title of the book, and file the case with the Intermediate Court as soon as possible." Wang Chuan smiled.

Xia Xiaoqing went out of the office like a gust of wind to draft the appeal and representation.

After finally being free, Wang Chuan remembered the matter of Mr. Li’s son looking for a job in the ICT company. A Zi told him that he had already recruited people. I don’t know what happened to Mr. Li. Anyway, Boda Investment is next door. He intends to go and have a look.

In the general manager's office of Boda Investment, Ah Zi was processing various documents, when she heard the knock on the door, she looked up and saw Wang Chuan.

"Lawyer Wang, why are you so free today!" Ah Zi laughed.

"I didn't bother you!" Wang Chuan said with a smile.

"No, what's the matter?" Ah Zi asked.

"Actually, it's not a big deal. I'll come over to see how the job you recruited is doing!" Wang Chuan said as he sat on the sofa.

"You're talking about Li Mingda, right? This kid did a good job. Last week he helped us see through a scam. I gave him a bonus." Ah Zi said.

"What's the situation? He can help you see through the scam? Don't be ridiculous!" Wang Chuan laughed.

"What I said is true. There is a saying that a long illness makes a doctor, don't you know?" Ah Zi said seriously.

"Because of a long illness! You mean..." Wang Chuan blinked and said.

"Do you know how much investment money he was cheated of before?" Ah Zi said with a mysterious face.

Wang Chuan shook his head. Before, he only heard Mr. Li say that this prodigal son was about to lose all his coffin books. He didn't say the specific figure, so naturally Wang Chuan couldn't ask for the specific amount.

Ah Zi stretched out two fingers: "This number!"

"Oh! How much should I pay, 2000 million!" Wang Chuan said with a smile. 2000 million may be an astronomical figure for others, but it is not a problem for Mr. Li who is rich and powerful.

"What 2000 million, it's two hundred million, just a lot more!" Ah Zi said seriously.

"What? Two hundred million?" Wang Chuan's head buzzed: "It's enough to be a prodigal!"

"This Mr. Li has been cheated more times and he has summed up his own experience in preventing fraud, which is a blessing in disguise!" Ah Zi leaned on the chair and smiled.

"Interesting!" Wang Chuan touched his chin and said.

"Last week, a financier came to the door, saying that there was a big project that needed financing. The investment manager of our investment department took Mr. Li to see the project, and wanted him to learn more about the project.

The investment manager talked with the other party for two days, and everything was fine, and finally we talked about arranging lawyers to enter the site for due diligence, but something went wrong! "Ah Zi said.

"What happened?" Wang Chuan asked curiously.

"The investment manager proposed to meet the other party's big boss, but the other party kept evading and saying that the big boss was busy, but this investment was more than 2000 million, so I felt uneasy if I didn't meet the big boss.

Finally, the other party agreed, and the meeting place was at the Shangri-La Hotel in Guangdong Province, and I took the two of them there.As a result, as soon as they met, Mr. Li exploded. He went up and kicked the opponent's boss down, and then he punched and kicked, like crazy.

When the incident happened suddenly, everyone was dumbfounded and didn't know what was going on.The boss's male secretary was the first to react and went up to pull Mr. Li. Mr. Li went up and kicked the secretary's crotch. Immediately, the male secretary bowed like a prawn and fell to the ground.

Don't look at Mr. Li's body looks weak, the fight is really ruthless, let us call the police while fighting.

Seeing that something was wrong, I hurriedly asked the investment manager to lock the door. I took out my mobile phone and called the police. The police arrived after more than ten minutes and took us all to the police station. "Ah Zi said excitedly.

"What happened later?" Wang Chuan asked.

(End of this chapter)