Grassroots lawyers also have spring

Chapter 863 Difficult Customer
"Drink your saliva and speak slowly, don't worry!" Seeing that Zhou Huamei was agitated, Wang Chuan comforted her.

"I thought it's hard to find a job now, and the company doesn't give the basic salary. It's okay to give more commissions. Anyway, I live by my ability, so I agreed. Later, the company asked us to log in to the company's APP and accept orders on it, and I followed suit. up.

In November last year, I was hit by a three-jump car on the way to work, and the traffic police judged that the other party was fully responsible. Later, my injuries were identified as a tenth-grade disability.The other party's family is not rich, so they lost some money, which was just enough for my treatment.

Later, I heard from a colleague that I could report a work-related injury in this situation, and the work-related injury would be subsidized, so I approached Kangmei Company and asked to report a work-related injury.

But the company replied that I cannot declare work-related injuries because I have no labor relationship with the company.I went to the Human Resources and Social Security Bureau to apply for a work-related injury. They said that I need a labor relationship certificate and asked me to apply for labor arbitration to confirm the labor relationship. Later I applied for labor arbitration, but within a few days the company removed me from the work group. I was not allowed to log in to the company's technician app to receive orders, and I was fired.

When I got angry, I went to the company, but the company security refused to let me in. A colleague secretly told me that I had sued the company. The boss was furious, and the company fired me.Later, the labor arbitration considered that the relationship between me and the company was a labor service relationship and rejected my request. "Zhou Huamei was trembling with excitement.

"Speak slowly, don't worry! Calm down first!" Wang Chuan comforted.

"Let me tell you. Later, my sister asked a lawyer to write a complaint and sued the company to the court.

The court issued a judgment two days ago. According to the "Technician Check-in Agreement" signed by my sister and the company, the two parties were determined to be a cooperative relationship. According to the company's business model, the court determined that my sister's working method is flexible and her salary is not fixed. The company does not manage her attendance. etc. Even if there is a certain amount of management, it is the platform’s management of technician training and service quality, which does not belong to the scope of labor relations. In the end, the court found that there is no labor relationship between my sister and Kangmei Company. Seeing that her sister was too excited, Zhou Huaqing said directly, afraid that she would not understand.

After listening to Zhou Huaqing, Wang Chuan picked up the first-instance verdict and read it for more than five minutes.

"Ms. Zhou, after you were transferred from the imperial capital to Jin City, did you sign an agreement?" Wang Chuan asked.

"No, a few technicians and I went directly to Jin City after receiving a verbal notification from the supervisor. After we got there, the local company paid us salaries without signing any documents.

We also don't understand that the company pays wages and provides accommodation anyway. It's the same wherever we work, so we don't care too much about these. "After calming down, Zhou Huamei said.

"You were transferred back to work in the imperial capital. Is there any evidence? Could it be a verbal notification?" Wang Chuan asked.

"Well, at that time, the company manager told us face to face that the business in Jin City could not continue, and the headquarters asked us all to go. That's how we all came back!" Zhou Huamei said.

"Did you get a written notice when your salary was changed to a commission after you came back?" Wang Chuan continued to ask.

"No, the personnel specialist came to talk to us. At that time, a technician disagreed and was fired later. I don't know how to solve it." Zhou Huamei said.

"After you returned to the company, you started to use the APP to receive orders and provide services. Is the previous company system still binding on you?" Wang Chuan asked.

"All the previous rules and regulations have been changed. There is a special order receiving system and technician management system on the APP. Because I was fired by the company, I couldn't see the content on the APP. My colleague helped me print the system on the APP.

This is the "Measures for Technician Service Management" and "Order Receiving Process and Abnormal Orders". "Speaking, Zhou Huamei pointed to the two documents in front of Wang Chuan.

"Well, I see that the "Measures for the Administration of Technician Services" has detailed regulations on the work specifications, service quality management, rest and vacation, leave system, punishment rules, etc. of technicians. Does the company implement this in daily life?" Wang Chuan asked road.

"The company usually has strict regulations. It is stipulated that it is not allowed to shift posts or leave the post casually. If you want to ask for leave, you need to apply to the company leader two days in advance, and you can only take the leave after approval.

Once before, I had a cold and asked for leave, and now there are leave records. I sent WeChat to the leader to ask for leave, and the leader asked me to go through the online approval process. "Zhou Huamei said.

"Well, if it's a labor relationship company, it shouldn't be so strict with you. This is completely copied from the company's regulations on employees. If you accept jobs through the APP platform, how will you be paid? Is it a one-to-one settlement?" Wang said. Chuan asked.

"No, we pay once a month. We calculate wages based on the accumulated data on the app. I don't know how much each order earns. And the distribution ratio is not necessarily the same. I said it was 60.00% to 80.00% before. In fact, we can’t get there at all. The company will manage us through the APP.

After we receive the order, the APP will display the time of receiving the order. After the service is over, we still need to operate on the APP. After the application for the service is completed, there is finally customer satisfaction. Anyway, the company deducts money in different ways, and in the end there is not much in hand. , 40.00% is not bad. "Zhou Huamei said.

"Then do you have the freedom to accept orders or not?" Wang Chuan asked.

"No, as long as there is an order, we must accept it. If we don't accept it, points will be deducted. When the salary is paid, the salary will be deducted according to the value of the points." Zhou Huamei said.

"In addition to taking orders from Kangmei Company, will you also take orders from other companies?" Wang Chuan asked.

"No, our APP only has orders from Kangmei Company and no orders from other companies, and although we don't need to clock in and out of get off work, we will still be deducted if we don't arrive at the company on time, so we basically have no chance to accept orders from other companies. " Zhou Huamei said.

"Lawyer Wang, I feel that Kangmei Company has moved its offline business online, deliberately hiding or evading the labor relationship between the company and my sister," Zhou Huaqing said.

"Well, there are indeed suspicions in this regard. Normally, if you take orders on the app, it's like the food delivery service staff. They can freely control their time and choose to take orders, and they settle orders one by one, and the settlement method is transparent. No Will operate like Combi.

Ms. Zhou, who provided the equipment you used in providing services? Did you bring your own equipment? "Wang Chuan asked.

"No. The stethoscopes, thermometers, timers, disposable bed sheets, disposable pillow covers, moxibustion tools, scraping boards, cupping, hand sanitizers, etc. we use are all provided by the company.

However, when we provide services, we have to dress uniformly. We have to wear the uniform of the company, and we have a badge with the QR code of the company on it for easy identification. "Zhou Huamei said.

(End of this chapter)