Chapter 241: Chapter 114: Don't You See Whose Turf This Is? (Monthly Ticket Bonus Chapter)_2
Chapter 241: Chapter 114: Don't You See Whose Turf This Is? (Monthly Ticket Bonus Chapter)_2
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"Isn't it just about saving trouble? If you go directly to the outsourcing company with your problem, there definitely won't be any issue. Why bother bringing the court into this?"
Finally, Old Tang replied, "If the court isn't involved, I'm not interested. After all that talk, are you signing or not, Old Wang? If you're not signing, let me tell you..."
"I'll sign."
"See, that settles it. Wasting all this time talking, you're eating into my time. I'm hanging up, I'll bring you some food on my way back."
Old Wang put down the phone, his mood visibly brightened, almost as if the call had been made purely for the sake of venting.
"Qingqing, what are you standing around for? Draft the contract."
Wang Qingqing, who had witnessed the whole process, hurriedly acknowledged and went to draft the contract, unable to understand why Director Wang had made that call. It was like undressing only to fart...
In Xiping City, Old Tang once again taught Li Yong's mother how to sign the electronic contract. After it was finally taken care of, Li Yong transferred the lawyer's fee to Tengda's account.
"That should be everything for now. If there's anything needed, I'll call you."
After packing up, Old Tang left Li Yong's home and checked into a random hotel.
The next day came quickly, and after getting up, washing up, and eating, Old Tang began to ponder how to proceed.
The labor relations issue between Li Yong's mother and the court was actually pretty straightforward to handle, as Li Yong had already collected quite a bit of evidence during this time.
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Among the key pieces of evidence were the work ID previously issued by the Anzhang District Court and work photos; both were extremely important.
But while these pieces of evidence could prove the existence of a de facto labor relationship between the two parties, proving that she had started in 2002 was a bit difficult.
Mainly because this case is special, with one party being the court. Therefore, the arbitration committee, which might usually favor the worker, could also lean toward the court in such a scenario.
However, according to the "Notification on Matters Concerning the Establishment of Labor Relations," there are five types of evidence that can be referred to in establishing a factual labor relationship.
Documents such as proof of wage payments and social insurance payment records, as well as attendance records, are supposed to be provided by the employer.
Li Yong's mother said she started working as a cleaner at the court in 2002. There had been recruitment at the time, but she didn't have the means to take photos like now. When she saw the opportunity, she ran to the court, passed the selection, and started working.
Testimonies from witnesses were easy to handle; over the years, there were a number of colleagues who could attest to working together.
Carefully calculating, it amounted to just about enough evidence. After all, it wasn't necessary to prove that the labor relationship started in 2002. It only needed to be shown that due to the court's failure to pay social security, Li Yong's mother couldn't now enjoy retirement benefits.
That would suffice.
But then there was the issue of a staffing company, so Old Tang decided to arbitrate with the company first. Winning or losing wasn't important; he mainly wanted to see what the company would say regarding the social security issue.
Arbitration with the company was relatively simple compared to this; no labor contract was needed, the dismissal notice was already enough.
After all, how can you dismiss someone when there's no labor relationship.
But before that, a trip to the Human Resources and Social Security Department was necessary, mainly to get a document proving that social security could not be retroactively paid.
Although everyone knew that it had never been paid over the years and that it was no longer possible to make up the payments, the proof was still needed.
This was to prevent any pettiness; if they used this reason to reject your claim, you'd have to start over. So it was best to get it right the first time.
Anzhang District also had a government service center, where social security business was now conducted.
Handling this business wasn't difficult. After Old Tang showed Li Yong's mother's ID card to the staff at the social security window, the employee quickly said, "She hasn't paid any social security in the past, right? Then it's definitely impossible to make retroactive payments now."
"Right, it's impossible now. You need us to issue a proof, correct? Okay."
For the social security window staff, issuing such proof was routine, and it was quickly provided.
Old Tang flicked the document, feeling very satisfied with it, and departed, leaving the staff member a bit puzzled. Why be happy if you can't make the payments?
Armed with the proof, Old Tang also brought the labor arbitration application he had just printed at the government service center and headed to the Anzhang District Labor Arbitration Committee.
Since he was traveling, saving a bit here and there was worth it, especially since Anzhang District offered free printing services...
Unlike in Jingzhou, this time he didn't play the sympathy card but walked with purposeful strides.
The layout of the Arbitration Committee in Anzhang District was slightly different from that in Jingzhou, but the process was similar, requiring him to take a number first.
After a short wait in line, Old Tang approached the window.
"Comrade, I'd like to submit an arbitration application."
Inside the window at the Anzhang District Arbitration Committee, the staff member looked over the application and a trace of confusion appeared on her face, "This reason for your application doesn't seem quite right, does it?"
"Are you the party involved?"
Old Tang shook his head and said, "I'm not the party involved; I'm the lawyer they've hired."
Hearing this, the staff member became even more dubious, "What's the matter with this lawyer of yours? Your client is fifty, yes? Being dismissed on the grounds of reaching the legal age is quite normal."
"My client indeed has reached the legal retirement age, but the company never paid social security for her from the beginning. According to the regulations, even though she has now reached retirement age, she cannot enjoy retirement benefits."
"Therefore, under these circumstances, the employer cannot unilaterally dismiss her. Here's the proof."
As he spoke, Old Tang passed the document serving as evidence across.
The staff member looked at the proof, then back at the application in her hands. She looked perplexed, but being responsible only for filing the case, she did not investigate further.
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