231: No recognition of work-related injury

Zhou Yun was not optimistic about whether the Changhua District Human Resources and Social Security Bureau would recognize the work-related injury this time.

No other reason, because when the Human Resources and Social Security Bureau recognizes a work-related injury, normally there is no way to debate it.

That is to say, you can only reason through the work-related injury application, and there is no way to debate face-to-face with the person who recognizes the work-related injury.

It is a well-known fact that a written application and face-to-face reasoning and debate are completely different concepts.

If written reasoning is effective, then there is no need for Court debate.

Under normal circumstances, if it is a particularly complex work-related injury recognition, a hearing will be held, but it is also a well-known fact that this is rarely done under normal circumstances.

In such a situation, many work-related injury recognitions by the Human Resources and Social Security Bureau are mechanical; if the regulation says forty-eight hours, then it certainly cannot exceed forty-eight hours.

Even if it exceeds by one minute, it will not be considered a work-related injury.

It's not that Zhou Yun thought badly of them, but that he had seen many cases of this type in his previous life, and it could be said that it was impossible for the Human Resources and Social Security Bureau to break this rule.

The reason is simple: the regulation is forty-eight hours; if you don't recognize a work-related injury after it's exceeded, no one can say you have a problem.

Grassroots generally do not easily make changes on such issues.

Therefore, Zhou Yun's step was to follow the procedure, meaning, whether you recognize it or not, first complete the procedure and give me a conclusion, so I can proceed to the next step.

Zhou Yun also didn't want to waste words with the reception staff; most of the people at many service windows are now temporary workers, and those with formal positions are basically inside.

So, at this time, it's useless to say more to them; just follow the normal procedure.

Holding the receipt, Zhou Yun quickly left the Human Resources and Social Security Bureau. What he needed to do next, besides waiting for the work-related injury recognition, was to continue investigating the actual controller of Langxin Company.

Investigating the actual controller of a company is still quite troublesome, especially for a company like Langxin Company, which on the surface has no relationship with Lixia Company or its boss.

Zhou Yun also checked a lot at the industrial and commercial registration, but he couldn't find anything through layers of shareholding.

In fact, this method of actually controlling a company through layers of equity design is relatively simple.

For example, if the actual controller holds 80% of Company A's shares, and Company A holds 60% of Company B's shares, then this person can achieve actual control over Company B through Company A.

It's like the situation with Qian Daibao that we mentioned before.

This is easy to check; a look at the equity penetration will make it clear, so in reality, there are many other types of actual control methods.

For example, the most common one in daily life is nominee shareholding.

For example, Zhang San has already transferred 80% of the company's shares to Li Si, so on the surface, the company has no relationship with Zhang San, but in reality, both parties have signed a nominee agreement.

Li Si holds the shares on behalf of Zhang San, and the income from the shares and the rights of the major shareholder all belong to Zhang San, who remains the actual controller of the company.

This situation is called nominee shareholding or hidden shareholder.

This is the simplest way to play; in practice, Zhang San can achieve actual control over other companies below by controlling this company.

So some people might be curious, can you control a company with just a piece of agreement? Is this legal?

Before the implementation of the new Company Law on July 1, 2024, nominee agreements were supported by the Court as long as they did not violate the relevant provisions of the Contract Law.

However, after the implementation of the new Company Law, it is different. Article 124 stipulates: "It is prohibited to hold shares of listed companies on behalf of others in violation of laws and administrative regulations."

It clearly stipulates that listed company shares cannot be held by nominees, but for non-listed companies, there is no clear regulation.

And Article 24 of the 2020 "Supreme Peoples Court's Provisions on the Application of the Company Law (III)" stipulates:

If the actual capital contributor and the nominal capital contributor of a limited liability company enter into a contract agreeing that the actual capital contributor shall contribute capital and enjoy investment rights and interests, and the nominal capital contributor shall be the nominal shareholder, and the actual capital contributor and the nominal shareholder have a dispute over the validity of the contract, if there are no invalid circumstances as stipulated by law, the People's Court shall recognize the validity of the contract.

So this is legal, without any problems.

Many people may not understand why this can be legal. In fact, the original intention of this legislation is to encourage investment, and to put it bluntly, if problems do arise, the actual controller can still be traced.

But this will cause trouble for creditors; it's really difficult to investigate. Normally, it's impossible for you to check someone's equity transfer agreement or investment agreement.

How to check then? It sounds simple, that is, to check the flow of funds.

No matter what, money cannot be fake. See who profits here, and that person may be the actual controller.

Zhou Yun is not in a good position to check the other party's capital flow now. He is using the elimination method, first ruling out other possibilities.

What other possibilities are there? For example, household registration, checking whether there is a kinship between the legal representative and major shareholder of Langxin Company and the major shareholder of Lixia Company.

Don't laugh, this is very common, kinship nominee holding, it often appears.

Just like that, as Zhou Yun investigated, time slowly passed. Another morning, Zhou Yun received a mail from the Human Resources and Social Security Bureau.

He had filled in his hotel address when he applied for the work-related injury previously.

Upon opening it, as expected, it was a decision not to recognize the work-related injury.

The reason given was that Duan Liwei's rescue time after hospitalization exceeded forty-eight hours, so it could not be deemed a work-related injury.

Without hesitation, Zhou Yun picked up the materials he had already prepared and went straight to the Jingke District Court in Anping City.

Lawsuits for work-related injury recognition also fall under administrative litigation. Currently, there is no Railway Transportation Court in Anping City, Hexi Province, and instead, a method of centralized jurisdiction for administrative cases across administrative regions has been adopted.

First-instance administrative litigations for all twelve districts of the city are centrally governed by three Courts, and the cases within the three Courts' own regions adopt a cross-jurisdiction method.

At the Jingke District Court's case filing hall, Zhou Yun arrived at the administrative litigation case filing window and submitted the materials.

The staff here were not so difficult; they accepted the materials normally, and after reviewing them without issue, they directly issued a receipt.

Next, he had to wait again. Having chosen this path, there would be endless procedures.

After some more time, the Changhua District Human Resources and Social Security Bureau received a copy of the complaint and the list of evidence sent by the Jingke District Court.

In the Work-Related Injury Department, Guo Xifeng, the staff member responsible for work-related injury recognition, looked at the copy of the complaint in his hand, feeling very annoyed.

A colleague next to him asked, "What's wrong, Xiao Guo? You look unwell."

Guo Xifeng frowned and said, "Another case. The Court has filed it. The key is how the other party has the nerve to sue. The person fell into a coma and entered the hospital, and passed away eleven days later, and now they are coming to recognize it as a work-related injury."

"Now they even want to sue. What do they think a work-related injury is? That it can be recognized as long as someone dies?"

The colleague next to him said nothing, leaving Guo Xifeng sighing to himself. He felt he needed to talk to the plaintiff, Sun Yiling, saying that such a lawsuit was meaningless.

It had been eleven days, far exceeding the forty-eight hours stipulated by law, so it was impossible for them to win in Court.