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80: A promise is a promise, double happiness!

After digging a pit for the entire game, the opponent jumped into it without any surprises.

Although it seemed ordinary, Zhou Yun had actually pushed his ability to "control the rhythm" to the extreme.

You say it's labor outsourcing, right? Then why can your sorting center personnel in your labor outsourcing manage the laborers? That's labor dispatch.

In such a situation, the opponent had to explain, but he couldn't explain during cross-examination because the chat records were real, the management existed, and the witness testimonies were notarized.

At this point, the only thing the opponent could bring out was the stable employment subsidy, because it was indeed an alternative form of management, gaining control over laborers through "subsidies."

Lawyer Tang felt very good at this moment, because he felt that his response was flawless.

Regarding this stable employment subsidy, how many people could realize that this was actually a disguised form of management?

Others couldn't think of it at all, but Lawyer Tang could, which showed his high level of skill!

The chief arbitrator looked down at the case file and then said, "Respondent, do you have anything else to add?"

Lawyer Tang turned his head to look, and Wu Junxian shook his head, indicating there was nothing left.

He also felt that what Lawyer Tang said was correct; as long as there were no fines, anything was fine.

"Applicant, do you have anything else to add?" the arbitrator asked again.

Zhou Yun quickly said, "I have something to add. The respondent said that they have a stable employment subsidy and use this method to manage laborers."

"In such a situation, it instead proves that there is an employment relationship between my client and the respondent company."

"Article 1, Paragraph 3 of the 'Yangtze River Delta Region Labor Dispatch Compliance Employment Guidelines' states that labor outsourcing has four characteristics."

"The third characteristic is that the contracting unit establishes an employment relationship with the employed laborers and manages and controls them."

"So, according to these guidelines, we can clearly state that in the case of labor outsourcing, the contracting unit and the employed laborers must establish an employment relationship."

"And our Jinghai City is also in the Yangtze River Delta region, so it should be clearly considered that there is an employment relationship between my client and the respondent company!"

"Therefore, in addition to paying double wages for not signing the labor contract, the respondent should also pay my client the corresponding stable employment subsidy."

This is what it means to climb the pole; this is Zhou Yun.

It's giving you a dilemma; you should think carefully about whether you want to be punished by the relevant departments or pay money.

This "Employment Guidelines" jointly issued by the Human Resources and Social Security Bureaus of the four provinces clarified some ambiguous issues.

The Yangtze River Delta region can basically be considered the place with the most factories in China, and various tricks such as labor dispatch and labor outsourcing emerge endlessly.

Therefore, various contradictions also arose.

For this reason, in 2022, the Human Resources and Social Security Bureaus of the four provinces specifically issued these employment guidelines.

The effectiveness of this document is not very high, but you should know which department the Arbitration Committee belongs to: the Human Resources and Social Security Bureau!

In this situation, the Arbitration Committee will certainly respect this opinion.

For example, why do Human Resources and Social Security Bureaus and Courts often have conflicting opinions on work-related injury identification? The reason is simple: the Human Resources and Social Security Bureau, when identifying work-related injuries, adheres more to the regulations of the Human Resources and Social Security Department and administrative agencies.

As for the Court, in addition to the law, it primarily refers to judicial interpretations and replies issued by the Supreme Peoples Court.

Broadly speaking, this is actually a game between judicial and administrative organs.

Just like after the Brother Long case, when the Supreme Peoples Court wanted to issue regulations on legitimate defense, they had to involve both the Public Security Bureau and the Procuratorate.

Otherwise, if you issue these regulations, it's still uncertain whether the other two agencies will listen.

This also led to many amusing incidents, such as some cases where the Human Resources and Social Security Bureau determined it was not a work-related injury, the party sued the Court, and the Court revoked it and requested a new determination.

What did the Human Resources and Social Security Bureau do? They were very obedient. "Okay, you want me to re-determine, so I'll do it." Then they issued another decision not to recognize it as a work-related injury.

The party was stunned when they saw that decision. "I've gone through the first and second instances, and the result is still this?"

Under normal circumstances, the Human Resources and Social Security Bureau would not stubbornly resist, but if they do, the party will be very uncomfortable because they have to restart the process...

So, it's a relatively niche little trick.

In procedures like labor arbitration or work-related injury identification, bringing out some regulations from the highest administrative organs, the Ministry of Human Resources and Social Security, or your provincial Human Resources and Social Security Bureau, sometimes works much better than bringing out those inexplicable judicial interpretations.

Opposite him, Wu Junxian's face turned green.

"Lawyer Tang, this won't do. This, this... this will cost a lot of money. What should we do?"

Lawyer Tang said helplessly, "Mr. Wu, I'll try harder, but in the current situation, if we don't pay, we will definitely be investigated and fined."

"If they really fine us, it won't be just a few tens of thousands that can solve it..."

While the two were talking, the arbitrator had already asked, "The applicant has made a new request. What about you? Do you have any objections?"

After discussing, Lawyer Tang and Wu Junxian quickly shouted, "We object!"

The chief arbitrator looked at the time and said, "Alright, you can speak."

Lawyer Tang began, "First, although there is a certain management relationship between our side and Kang Weilun, it is not an employment relationship. Uh..."

"The labor of the laborer must be a part of the employer's business. Our side is a human resources company, and the business of the express sorting center is obviously not a part of our business."

"So it shouldn't be an employment relationship."

After he finished speaking, the chief arbitrator looked at Zhou Yun, who this time said directly, "But you just said that the sorting center outsourced the sorting work to you."

"Since it has already been outsourced to you, then it is a part of your company's business. Or are you going to deny this point again? Do you think this is not labor outsourcing?"

Lawyer Tang closed his mouth. He was now certain of one thing: he and Lawyer Zhou on the other side were not on the same level at all.

He thought he was strong, but when he started, he realized it was a crushing defeat, and he was the one being crushed.

Seeing that both sides stopped talking, the arbitrator immediately announced, "I now declare the arbitration adjourned."

Alright, Zhou Yun started packing his things. This arbitration was basically a win for him, and a complete one at that.

It proves that whether it's a lawsuit or anything else, you must take the initiative.

You absolutely cannot be led by the nose by the other party; even if you win the lawsuit that way, it will be a very ugly win.

The Lawyer Tang on the other side seemed to have some skill, but his rhythm control was too poor. He was passively responding, which might be fine against others, but against himself, he was bound to lose.

He returned to the law firm, and now he just had to wait for the arbitration result. Once he got the result, he could go directly to the Public Security Bureau.

Time flew by, and it was three days later.

It was the familiar arbitration Court again, and Wu Junxian was also there.

The arbitrator read out the arbitration decision, which fully supported Zhou Yun's requests. Not only did they have to pay 15,000 for not signing the labor contract, but they also had to pay more than 10,000 for the stable employment subsidy!

Subsidies could naturally be arbitrated together because subsidies are also a component of wages.

Article 4 of the "Regulations on the Composition of Total Wages" has provisions.

After the arbitration decision was read, both sides received their decision documents. After reading it again, Wu Junxian immediately became furious.

"Go ahead and rule! I won't pay a single cent! I'm going to sue!"

The arbitrator was about to say something with a cold face, but Zhou Yun on the other side already smiled and said, "Oh, you want to sue? That's fine, I'll just continue. Anyway, I'm free."

It's unclear whether it was Zhou Yun's words or his attitude, but Wu Junxian exploded after hearing it.

"What did you say, you bastard? Ah, what did you say? Are you bullying me, huh? Bullshit lawyer, you're nothing! Are internet celebrities so great?!"

Zhou Yun smiled upon hearing this, "Internet celebrities are certainly nothing great. I'm just stating a fact. After all, I'm a professional lawyer. However you want to play, I'll accompany you."

For some reason, when Wu Junxian saw Zhou Yun's smiling face, he felt uncomfortable all over.

"Damn it, so many agencies in Jinghai City are like this. You're so good, why don't you go find trouble with them?!"

Upon hearing this, Zhou Yun's eyes suddenly lit up...

He was just thinking about how to blow this matter up, and if you say that... It's a deal, double happiness!

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