78: Labor relations and labor service relations

Facing Zhou Yun's question, Kang Weilun hesitated for a moment before saying, "I was the one who threw the first punch."

After he finished speaking, Kang Weilun couldn't help but say, "But Lawyer Zhou, those people were just too much. They clearly said that as long as I worked for three months, they would give me an additional 4,800 yuan every month..."

"But when I went to find them, they denied it and said my salary had already exceeded 4,800 yuan, so there was no need for any additional payment."

He truly couldn't hold it in.

"Lawyer Zhou, with a daily wage of 200 yuan, if I work twenty-five days a month, I can earn 5,000 yuan. I..."

Hearing this, Zhou Yun waved his hand and said, "Mr. Kang, I am well aware of your situation. Now is not the time for these useless things. Let's save time!"

Meetings have time limits, though not explicitly stated.

However, lawyers who have handled criminal defense cases know that regulations are regulations, and reality is reality.

The length of a meeting is related to the situation at the Detention Center.

For example, if there are many meeting rooms at the local Detention Center, sometimes a meeting can last for half a day, and no one will rush you.

But when it's mealtime, the suspect must be taken back.

And now, Zhou Yun already knew when he came in that he had one hour.

In other words, Zhou Yun had to ask everything he needed to within one hour, otherwise, this meeting would be wasted.

Therefore, he had to be a bit cold.

Hearing Zhou Yun's words, Kang Weilun was a bit confused. He remembered watching videos online before that said this Lawyer Zhou was particularly understanding.

But now, Kang Weilun couldn't say much and could only silently shut his mouth.

Zhou Yun continued, "The first question is very clear: you threw the first punch. Second question, the other party gave you a verbal promise at the time, right?"

Kang Weilun nodded, "Yes, that's what he said. He said it was also written in the contract, but I couldn't understand it, and then..."

After asking so many questions consecutively, constantly confirming details in between, Kang Weilun became a bit confused.

At this point, Zhou Yun said, "Okay, final question: before your conflict, what did the other party say? Did they say anything that provoked you?"

At this point, Zhou Yun changed his previous cold demeanor and smiled, "The more detailed, the better."

Kang Weilun heard him and said, "They did. When I went to them for the money, they said they had never mentioned any subsidy."

"Then one of the women among those intermediaries started cursing at me, saying I was extorting money and that I was shameless."

"Lawyer Zhou, I worked hard for three months, my back almost broke. That sorting center is really too tiring."

"Lawyer Zhou, it's not that I can't endure hardship. I've never been afraid of hard work, but for those three months, I truly pushed myself to the limit. I really couldn't take it anymore, I just wanted to earn a bit more money..."

As Kang Weilun spoke, Zhou Yun listened quietly.

Actually, he also had a computer next to him, which was prepared during the pandemic when all meetings were switched to video calls.

It's just that now they've switched back... As for the computer, it doesn't matter, just leave it there.

Zhou Yun understood Kang Weilun's statement about not being able to endure the hardship.

He had some exposure to this in his previous life and could only say that a express sorting center is truly a place where one works without a sound.

Not to mention anything else, just the twelve-hour, two-shift system alone can eliminate a portion of people.

Furthermore, you basically can't sit down, there are cameras everywhere, and after working twelve hours, you'll feel like your legs aren't even yours anymore.

Of course, if you search online, you might find, "Hey, the benefits are pretty good, such a high salary, and this and that..." One can only say, go and try it; you'll know once you do.

Many on-site intermediaries will give employees various hints in the staff dormitories, implying that as long as they keep working, they will receive a subsidy.

If they didn't do this, too many people would leave because it's truly too exhausting.

Kang Weilun continued, "That woman loudly cursed at me, saying I was extorting money. I told them if they didn't give me the money, I would sue them."

"Then they said I could sue them however I wanted, and they also said they had connections, so even if I sued, it would be useless."

"Before that, I had actually already complained to the labor inspection department, but it was also useless, so at that point, I truly had no other option."

"I cursed at them a few times, and then we pushed each other and started fighting. I immediately grabbed one who looked like the boss and beat him. I beat him to death..."

"Lawyer Zhou, at that moment, I wasn't thinking of anything else..."

Zhou Yun nodded. Kang Weilun was what is commonly known as an honest person. Such people usually don't get angry and can even be quite timid.

However, many major cases are committed by such people.

It's just that Kang Weilun wasn't crazy enough; otherwise, if he had brought a knife, that intermediary would have lost his life.

You can tell from what he said that this is a real fight. One person fighting several clearly cannot win. In such a situation, you have to grab one and beat him hard.

"Mr. Kang, I know the specific situation. Your case is very difficult to handle. I can only say that I will do my best for you. I don't know what the outcome will be," Zhou Yun said again.

"However, next, I will first try to get some money for you. After all, your family currently has no money, and you can't even get a letter of understanding."

Some money?

"Yes, some money. You stay here for now. I've applied for bail for you. It's uncertain whether it will be approved, but don't worry too much."

After a few words, time was up, and Zhou Yun excused himself and left.

Now, everything is basically clear. So, first, Zhou Yun must initiate labor arbitration!

That's right, labor arbitration unrelated to criminal matters.

Zhou Yun wants to apply to confirm the existence of an employment relationship between Kang Weilun and the intermediary company!

Moreover, since the intermediary company did not sign any labor contract, it should bear compensation for double wages!

According to the previous situation, this would be 15,000 yuan, which is slightly more than the so-called stable employment subsidy the intermediary had previously promised.

As for whether an employment relationship truly exists, that's hard to say. Zhou Yun isn't genuinely trying to confirm the existence of an employment relationship between the two parties; that's very difficult.

Zhou Yun's goal is to make the other party deny the absence of an employment relationship between them. How will the other party deny it? They will say that there is a service relationship between the two parties.

Well then, if there's a service relationship, and the intermediary is responsible for paying wages, then the question arises: why does the intermediary company have the right to pay wages?

Is the intermediary company the party receiving the services... that is, the employer?

This is very interesting. This situation is actually very common: intermediaries find people to work, and intermediaries are responsible for paying them, with many even directly transferring money via WeChat...

If no one investigates thoroughly, it's fine, but if someone really takes it seriously, then one has to properly discuss why this so-called labor intermediary is responsible for paying wages.