Lawyer
Chapter 21 I have a solution
Chapter 21 I have a solution
"By the way, when we entered the construction site, the boss gave us work permits, and we were inspected when we entered the construction site." Feng Datong took out a plastic-sealed work permit from his pocket, with his name, photo and work unit on it, There is also a stamp on it.
"Well, this can be used. Is there any other evidence? Such as work clothes." Fang Yi looked at the two of them.
"There are work clothes, but the company's name is not printed on them! We didn't think too much about it at the time, so we didn't leave any evidence." Jin Zhongdao.
"Well, I think you can try to sue, but there are definitely risks because there is too little evidence.
In addition, Boss Jin does not have the qualifications of the main employer. The relationship between you and this boss named Jin is a labor relationship, not a labor relationship.Going through the litigation process will be slower and the time cost will be higher. "Fang Yi thought for a while.
"How long will it take for the court to pass the sentence? One month? Two months?" Feng Datong asked, blinking.
"The time may be longer than what you said. It's hard to say. It depends on the number of cases the court hears. The longest case I know has been tried for a year and a half. Of course, your case may not be judged. It will take so long, but you still have to be prepared.
Even if the sentence comes down, if Boss Jin doesn’t pay you, you still have to apply for enforcement, and it’s hard to control the time. "Fang Yi said.
The reason why Fang Yi said this is that Fang Yi wanted to give the client a vaccination first, in case the case drags on and there is no judgment, so that the client is also prepared.
"This...we can't afford to wait. Even if we can wait, we can't afford to wait for the family to eat and the children to go to school. If I didn't listen to Boss Jin, I can't get the money now...I'm sorry big guy !” Jin Zhong scratched his head with both hands, expressing remorse.
"Hey! Brother Jin, don't be too sad. Of course everyone thinks that the surname Jin is from our hometown, and we must not lie to us, but who knows that he is such a grandson! Don't blame yourself too much!" Feng Datong Consolation said.
"Yes! Now that the matter has happened, the most important thing is to settle the matter and get everyone the money. I have a solution, I can try it." Fang Yi saw the anxious faces of the two, racked his brains and said .
"What way?" The two looked at Fang Yi at the same time.
"Isn't the name of the garden company on your work permit? I'll take you to the Human Resources and Social Security Bureau to complain about their wage arrears." Fang Yi turned his eyes.
"But it's Boss Jin who owes us wages, not the garden company." Jin Zhong asked doubtfully.
Feng Datong also looked at Fang Yi in confusion.
"Listen to me, now you have no evidence in your hands to prove that Boss Jin owes you wages, but you have the pass of the garden company.
If we complain about the garden company, the garden company must try its best to clear up the relationship with you. If the company can produce evidence that Boss Jin is your boss and should pay wages, plus the WeChat record that Boss Jin asked you to work, Isn't this easy to handle? "Fang Yi explained.
"Well, I think it's okay. Lawyer Fang, then complain to the garden company." Jin Zhong thought for a while and patted his thigh.
"If you all agree, I will bring everyone here to find Xiao Zhou to sign the entrustment procedures. It may be too late this afternoon. Tomorrow morning, I will take you to the Labor Inspection Brigade of the Human Resources and Social Security Bureau to complain." Fang Yi said.
"Okay, let's go back and talk to everyone, and come over to sign the entrustment formalities in the afternoon." Jin Zhong said.
After lunch, Fang Yi went to the procuratorate by bus with his bag.When I arrived at the gate of the procuratorate, I was stopped by the gate post, and I called the prosecutor in charge of Zhong Wen's case. After more than 20 minutes, a tall female prosecutor came over.
"Are you lawyer Fang Yi?" The female prosecutor asked after checking her lawyer's certificate against her.
"Yes, I am lawyer Fang Yi from Zhengyi Law Firm. Here are my procedures. You are Prosecutor Chen!" After Fang Yi finished speaking, he handed over the entrustment procedures.
"Come with me." The female prosecutor had a cold face. After reviewing the procedures, she returned the entrustment procedures together with the lawyer's certificate to Fang Yi, and then led him to the office.
"I came here today to discuss Zhong Wen's case with you. This case is not complicated, and Zhong Wen does not deny the facts of the crime. I don't think the suspect is particularly harmful to society. Zhong Wen is a crime of passion... ..." Fang Yi told the female prosecutor what he had learned.
"I also know what you said. I went to the detention center to meet Zhong Wen before. We also felt that this case was not too harmful to society, but he himself never admitted that it was a crime, and he didn't realize his mistake at all.
Moreover, the victim did not intend to forgive him, so it was more difficult for us.Well, if he pleads guilty, we'll take that into consideration in sentencing.
Of course, it would be better if there is a letter of understanding from the victim.
If you have nothing else to do, I have another meeting later. "Prosecutor Chen said routinely.
"Okay, I understand. Sorry to trouble you!" Everyone ordered to evict guests, so Fang Yi had to get up and leave.
The prosecutor's opinion was basically the same as his. If Zhong Wen pleaded guilty and added the victim's letter of understanding, the case might get a good result, but if not, it would be hard to say, three to ten years The fixed-term imprisonment depends entirely on what the prosecutors and judges think.
Coming out of the procuratorate, Fang Yi called Zhong Bin and reminded the Zhong family again of the importance of the letter of understanding. If the old couple of the Chu family couldn't come up with the letter of understanding, they could only let the Zhong family find a way.
The next morning, Fang Yi and Xiao Zhou took the client to the Human Resources and Social Security Bureau to complain.The corridor in front of the labor inspection office was crowded with migrant workers, numbering around [-].
Because there were many people involved and they were afraid of making trouble, the labor supervision department contacted the gardening company on the spot, and then notified Fang Yi and others to come back at [-]:[-] p.m., when the people from the gardening company would be there.
Walking out of the gate of the Human Resources and Social Security Bureau, Fang Yi looked back at the Wuyang Wuyang crowd behind him, looked at Jin Zhong and asked, "Aren't you a total of 21 employees? Why are there so many people here?"
Jin Zhong smiled: "You are right. There are 58 workers in total. We are all foreigners. I am afraid that if there are fewer people coming, they will not pay attention."
Fang Yi nodded. It seems that everyone has been educated and knows that there is strength in numbers: "Let's organize everyone to have dinner first, and come back at three o'clock in the afternoon."
"At noon... how about we treat you to a meal!" Jin Zhong hesitated and said.
Jin Zhong brought the villagers out to work, and he knew the ways of the world. During this period of time, he always felt a little guilty. He was afraid that Fang Yi would not do a good job for him, so he thought about buying him a meal at his own expense. He didn't dare to go to big restaurants, mainly because he was short of cash.
Thank you for your strong support. If you have a vote, please vote for it. The new book needs your support.
(End of this chapter)
"By the way, when we entered the construction site, the boss gave us work permits, and we were inspected when we entered the construction site." Feng Datong took out a plastic-sealed work permit from his pocket, with his name, photo and work unit on it, There is also a stamp on it.
"Well, this can be used. Is there any other evidence? Such as work clothes." Fang Yi looked at the two of them.
"There are work clothes, but the company's name is not printed on them! We didn't think too much about it at the time, so we didn't leave any evidence." Jin Zhongdao.
"Well, I think you can try to sue, but there are definitely risks because there is too little evidence.
In addition, Boss Jin does not have the qualifications of the main employer. The relationship between you and this boss named Jin is a labor relationship, not a labor relationship.Going through the litigation process will be slower and the time cost will be higher. "Fang Yi thought for a while.
"How long will it take for the court to pass the sentence? One month? Two months?" Feng Datong asked, blinking.
"The time may be longer than what you said. It's hard to say. It depends on the number of cases the court hears. The longest case I know has been tried for a year and a half. Of course, your case may not be judged. It will take so long, but you still have to be prepared.
Even if the sentence comes down, if Boss Jin doesn’t pay you, you still have to apply for enforcement, and it’s hard to control the time. "Fang Yi said.
The reason why Fang Yi said this is that Fang Yi wanted to give the client a vaccination first, in case the case drags on and there is no judgment, so that the client is also prepared.
"This...we can't afford to wait. Even if we can wait, we can't afford to wait for the family to eat and the children to go to school. If I didn't listen to Boss Jin, I can't get the money now...I'm sorry big guy !” Jin Zhong scratched his head with both hands, expressing remorse.
"Hey! Brother Jin, don't be too sad. Of course everyone thinks that the surname Jin is from our hometown, and we must not lie to us, but who knows that he is such a grandson! Don't blame yourself too much!" Feng Datong Consolation said.
"Yes! Now that the matter has happened, the most important thing is to settle the matter and get everyone the money. I have a solution, I can try it." Fang Yi saw the anxious faces of the two, racked his brains and said .
"What way?" The two looked at Fang Yi at the same time.
"Isn't the name of the garden company on your work permit? I'll take you to the Human Resources and Social Security Bureau to complain about their wage arrears." Fang Yi turned his eyes.
"But it's Boss Jin who owes us wages, not the garden company." Jin Zhong asked doubtfully.
Feng Datong also looked at Fang Yi in confusion.
"Listen to me, now you have no evidence in your hands to prove that Boss Jin owes you wages, but you have the pass of the garden company.
If we complain about the garden company, the garden company must try its best to clear up the relationship with you. If the company can produce evidence that Boss Jin is your boss and should pay wages, plus the WeChat record that Boss Jin asked you to work, Isn't this easy to handle? "Fang Yi explained.
"Well, I think it's okay. Lawyer Fang, then complain to the garden company." Jin Zhong thought for a while and patted his thigh.
"If you all agree, I will bring everyone here to find Xiao Zhou to sign the entrustment procedures. It may be too late this afternoon. Tomorrow morning, I will take you to the Labor Inspection Brigade of the Human Resources and Social Security Bureau to complain." Fang Yi said.
"Okay, let's go back and talk to everyone, and come over to sign the entrustment formalities in the afternoon." Jin Zhong said.
After lunch, Fang Yi went to the procuratorate by bus with his bag.When I arrived at the gate of the procuratorate, I was stopped by the gate post, and I called the prosecutor in charge of Zhong Wen's case. After more than 20 minutes, a tall female prosecutor came over.
"Are you lawyer Fang Yi?" The female prosecutor asked after checking her lawyer's certificate against her.
"Yes, I am lawyer Fang Yi from Zhengyi Law Firm. Here are my procedures. You are Prosecutor Chen!" After Fang Yi finished speaking, he handed over the entrustment procedures.
"Come with me." The female prosecutor had a cold face. After reviewing the procedures, she returned the entrustment procedures together with the lawyer's certificate to Fang Yi, and then led him to the office.
"I came here today to discuss Zhong Wen's case with you. This case is not complicated, and Zhong Wen does not deny the facts of the crime. I don't think the suspect is particularly harmful to society. Zhong Wen is a crime of passion... ..." Fang Yi told the female prosecutor what he had learned.
"I also know what you said. I went to the detention center to meet Zhong Wen before. We also felt that this case was not too harmful to society, but he himself never admitted that it was a crime, and he didn't realize his mistake at all.
Moreover, the victim did not intend to forgive him, so it was more difficult for us.Well, if he pleads guilty, we'll take that into consideration in sentencing.
Of course, it would be better if there is a letter of understanding from the victim.
If you have nothing else to do, I have another meeting later. "Prosecutor Chen said routinely.
"Okay, I understand. Sorry to trouble you!" Everyone ordered to evict guests, so Fang Yi had to get up and leave.
The prosecutor's opinion was basically the same as his. If Zhong Wen pleaded guilty and added the victim's letter of understanding, the case might get a good result, but if not, it would be hard to say, three to ten years The fixed-term imprisonment depends entirely on what the prosecutors and judges think.
Coming out of the procuratorate, Fang Yi called Zhong Bin and reminded the Zhong family again of the importance of the letter of understanding. If the old couple of the Chu family couldn't come up with the letter of understanding, they could only let the Zhong family find a way.
The next morning, Fang Yi and Xiao Zhou took the client to the Human Resources and Social Security Bureau to complain.The corridor in front of the labor inspection office was crowded with migrant workers, numbering around [-].
Because there were many people involved and they were afraid of making trouble, the labor supervision department contacted the gardening company on the spot, and then notified Fang Yi and others to come back at [-]:[-] p.m., when the people from the gardening company would be there.
Walking out of the gate of the Human Resources and Social Security Bureau, Fang Yi looked back at the Wuyang Wuyang crowd behind him, looked at Jin Zhong and asked, "Aren't you a total of 21 employees? Why are there so many people here?"
Jin Zhong smiled: "You are right. There are 58 workers in total. We are all foreigners. I am afraid that if there are fewer people coming, they will not pay attention."
Fang Yi nodded. It seems that everyone has been educated and knows that there is strength in numbers: "Let's organize everyone to have dinner first, and come back at three o'clock in the afternoon."
"At noon... how about we treat you to a meal!" Jin Zhong hesitated and said.
Jin Zhong brought the villagers out to work, and he knew the ways of the world. During this period of time, he always felt a little guilty. He was afraid that Fang Yi would not do a good job for him, so he thought about buying him a meal at his own expense. He didn't dare to go to big restaurants, mainly because he was short of cash.
Thank you for your strong support. If you have a vote, please vote for it. The new book needs your support.
(End of this chapter)
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