Grassroots lawyers also have spring

Chapter 85 Paper Tiger
"Yes, a "Proof of Income" and a traffic violation penalty slip. I submitted them in the labor arbitration before." The big bald man said, and submitted the two pieces of evidence to the female judge.

"The cross-examination begins now. The plaintiff will cross-examine the evidence submitted by the defendant." The young female judge said.

"We do not approve the authenticity, relevance and legality of the first piece of evidence. The "Income Proof" was issued by the plaintiff to the bank in order to help the defendant apply for a loan. The issuance of this document has a special purpose and is only This evidence cannot prove the labor relationship between the two parties.

The authenticity and legitimacy of the second evidence shall be recognized, but the relevance shall not be recognized.We believe that the penalty sheet has nothing to do with this case. The plaintiff is a transportation company, and its vehicles are often punished by the traffic control department. The plaintiff once borrowed the defendant’s driver’s license and deducted points. There are QQ messages as proof, and it is in our evidence.

Cross-examination is complete! Seeing that Zheng Yi had nothing to make up for, Wang Chuan looked up at the young female judge and said.

"The defendant will cross-examine the evidence provided by the plaintiff." The young female judge looked at the big bald man and said.

"I agree with the QQ message, they did borrow my driver's license. But I think this just proves that I am an employee of the company. If I am not an employee, why do I have to deduct points for lending out a driver's license! Am I crazy!?" The facial expression of the big bald man Exaggerated loudly.

"Defendant, the QQ message said that there is a fee for borrowing driver's license points. How do you explain this fee?" asked the young female judge.

"Paid? It's not easy, that is, the other party gives me money, and I give the other party the driver's license, and deduct one point for one point." The big bald man said without thinking.

"Do you agree with the money on the transfer record provided by the plaintiff?" asked the young female judge.

"I agree, this money is the compensation for borrowing the driver's license! The total is less than 3000 yuan." The big bald man said.

"Defendant, let me ask, what is the income certificate you provided for? I see it says China Construction Bank." The young female judge asked.

"The income certificate I asked my unit to issue to me was for a loan to buy a house. At that time, I planned to take a loan from China Construction Bank, but the loan was not successful. If I am not an employee of the company, why should the plaintiff issue a certificate for me! Judge, do you think this is the case? Lier." The big bald man shook his big bald head and said.

"Defendant, did the plaintiff pay you wages?" the young female judge then asked.

"It was sent to me through my sister." The big bald man said.

"Defendant, why didn't the company pay you directly?" the young female judge wondered.

"My brother-in-law is the plaintiff's boss, and my monthly salary is paid by my sister. It's all done in this way." The big bald man said.

"What position does your sister hold in the plaintiff?" asked the young female judge.

"My sister is the proprietress." The big bald man said.

"I'm asking about her position? What does she do in the company?" the young female judge asked.

"Boss lady! You don't need to work." The big bald man scratched his head and said.

The young female judge had the feeling that a scholar met a soldier: "You mean she doesn't work in the company, and she doesn't care about the company's affairs?"

"Yes!" The big baldy hesitated.

"Defendant, what do you do in the company?" The young female judge continued to ask.

"Me! Drive, drive for the boss." The big bald man said.

"Do you have any evidence to prove that you drove for the company?" the young female judge asked.

"Evidence? I brought the boss's car here today, and it's on the road outside the courthouse. Does this count as evidence?" asked the big bald man.

"Defendant, do you usually clock in and out of get off work? Do you record attendance?" The young female judge continued to ask calmly.

"I don't check in. I have a special status. No one dares to control me except my sister and brother-in-law." The big bald man said arrogantly.

"Have you ever signed a labor contract with the company? Or have you communicated about signing a labor contract?" asked the young female judge.

"No! My sister is the proprietress and owns a business. I don't need to sign a labor contract at all." The big bald man said.

"Plaintiff, does the defendant work as a driver in your company?" the young female judge looked at Wang Chuan and Zheng Yi and asked.

"Judge, the defendant does not hold any position with the plaintiff. The vehicle was lent to the defendant by the boss of the company, and the defendant has not returned it. Last month, in order to let the defendant return the car, the plaintiff reported to the police. All the police records were sent. But the police refused to let the defendant return the car. Lawyers can only obtain it from the court.

In addition, the plaintiff never paid the defendant wages, and the defendant was not governed by the plaintiff's rules and regulations.The defendant did not even have the plaintiff's access card. "Wang Chuan said.

"Defendant, is that so?" The young female judge looked at the big bald man.

"I don't have an access control card because I don't go to the company often, and it's useless to ask for an access control card. If I want it, it's a matter of one sentence. Five words floated in the sky: 'This is not a problem'!
There is no such thing as borrowing a car.Judge, don't listen to their nonsense, my brother-in-law asked me to drive the car for the convenience of work. "The big baldy said anxiously.

……

"Plaintiff, make an argument." The young female judge asked.

"According to the regulations of the Ministry of Labor and the judicial interpretation of the Supreme People's Court, the prerequisite for constituting a labor relationship must meet three conditions: first, there should be an agreement between the two parties to reach a labor relationship; second, the laborer should be regulated by the rules and regulations of the employer. ; The labor provided by the third laborer shall be an integral part of the business of the employer.

In this case, the defendant was neither regulated by the plaintiff’s rules and regulations, nor provided labor to the plaintiff, and did not reach an agreement on the labor relationship. "Wang Chuan said.

"Defendant, make an argument." The young female judge looked at the big bald man.

"I disagree with the plaintiff's opinion. I am the plaintiff's employee." The big bald man said loudly.

"... Now the court is adjourned!" The young female judge dropped the gavel.

While Wang Chuan was clearing up the litigation materials on the table, the young female judge said: "Lawyer Wang, Lawyer Zheng, please provide the address and name of the police station, and we may retrieve the police records."

"Okay, it's in Shijingshan..." Wang Chuan reported the name and address of a police station to the young female judge.

After signing the transcript of the trial, Wang Chuan and Zheng Yi just walked out of the court.The big bald man followed angrily from behind.

"Boy, you don't even ask who I am! You dare to take this case. Be careful!" After speaking, the bald man gave Wang Chuan a look, jumped into an Audi on the side of the road and drove away.

"What's the matter! Whether I accept the case or not has something to do with you! Bah! What arrogance! I'm afraid of you!" Wang Chuan yelled angrily at the direction where the Audi car was heading away.

"Forget it! He's a paper tiger, so there's no need to talk to him. You dismissed him as useless in court today. He's angry, but he's just talking out loud!

What we earn is money, what we do is work, there is no need to be angry.go! Zheng Yi saw people coming and going in and out of the gate of the court, and pulled Wang Chuan to persuade him in a low voice.

(End of this chapter)