Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 139 The judge angrily reprimanded the riders on the food delivery platform for taking [-]% of the insurance money, right?
above the court.

The first two points of the argument of the plaintiff and the defendant on the dispute have been torn apart!

The public says that the public is reasonable, and the mother says that the woman is reasonable.

Several judges communicated in low voices.

In the case of contradictory points in the case, when both parties insist on their own opinions, the judge will inquire!

The presiding judge asked Mr. Li, the gold medal barrister in the dock:

"Then I would like to ask the defendant, according to what you said, since you have nothing to do with the plaintiff, why can you impose a fine on the defendant, and can you impose a long-term fine on the practitioners in this industry?"

"Also, according to the information provided by the insurance company, the insurance premium paid by the delivery rider is three yuan a day, but you actually deducted two yuan, and the insurance company only got one yuan for insurance!
In a substantial sense, this is already within the scope of the labor contract relationship. How should the defendant explain it? "

To be questioned by a judge.

Lawyer Li, the gold medal barrister, changed slightly.

It's like suddenly stuck.

After comparing three times, the judge found some outstanding evidence!

The gold medal barrister of the food delivery platform company just said that his company and the plaintiff's rider are two equal business entities!
But just finished saying the word equality!

If you dare to fine, you dare to deduct the insurance money, right?
What about good equality?
What about an equal partnership?

They are already equal, so why are you still fined your partner?
Funny too!
Besides, you are just a food delivery platform company!
Yes!
Even if it accounts for more than 1/2 of the market share!

The market share exceeds [-] billion!
But you are still essentially just a company!
How dare you overstep your authority and impose a fine?
where did you get the guts which gave you the courage

Just a company!
What qualifications do you have to fine your own equal business owners?
Isn't it a slap in the face?
Aren't you contradicting yourself?
Watching it online in the live broadcast room, the netizens of this court hearing are completely boiling:
"Good guy, is this company still a human being? The takeaway riders work hard every day to collect three yuan from the first order to pay the insurance premium!

How dare you go greedy for 66%, right? Just go for almost 7%!To insure others for only one yuan is simply far from the world, do you still have a conscience?Is there still Wang Fa? "

"Takeaway platform company: After the event is completed, 7% to [-]% will be divided, and the rider will only keep [-]% of the money, and our company will directly eat [-]%!
Rider: Seventy percent?It belongs to someone else's food delivery platform company, and we can only get [-]% of the insurance money at most, that's all!Still, many people can’t ask for it!I have to ask others, just look at their faces!The dog's head saves his life. "

"How many times have I said, apply for the World Heritage! Hurry up and apply! Netizens always follow the facts every time, and the work is always beyond people's imagination! Cover your face and laugh jpg."

"Oh, it seems that some incredible evidence has been captured! If the insurance is purchased for the rider through the company's channel, then this constitutes the most important part of the labor relationship!"

"What kind of birth company is this? As far as I know, if one dollar is insured to the insurance company and three dollars is insured, the compensation received by the rider after the accident is different. The former can get up to 3 yuan, while the three yuan The insured is 50!
I am a practitioner in the insurance industry myself, and I have a good understanding of this aspect. The insurance for riders is specially customized!
Originally, insurance companies did not do these businesses. After all, it is very troublesome to apply for insurance once a day!

Therefore, we reached an agreement with the food delivery platform company, and the food delivery company will insure every month. The minimum insurance amount is 30 yuan a month, and we can get 3 yuan in compensation after the accident!
But if the amount is higher, for example, three yuan a day is 90 yuan a month, and this level of insurance will get 50 yuan in compensation if something happens to the policyholder!
One is 3, and the other is 50. Although the difference between the two is a few dollars in insurance, the compensation received by the injured rider is different, and the difference is more than ten times! "

Really insurance practitioners stand up and explain!
This allowed more netizens to learn about the birth behavior of this food delivery platform company:

"Hey, even dare to eat this kind of money. In ancient times, it can be said to be life-buying money. Such a dead person dares to eat money? It's outrageous, okay! Angry"

"It's rare to see you upstairs. For these big companies that only care about money, what they do is to make money, make money and make money!

As for the rider's safety and insurance and whatnot, it doesn't matter, they don't care!But even dare to eat this kind of money, it's the first time I've seen it, it's crazy! "

"But is this a contradiction between substantive justice and procedural justice? After all, the contract signed between the food delivery platform and the rider is indeed in black and white.

I think many similar lawsuits against this company are based on the content of the signed contract as the main basis for identification.

However, the contract of the food delivery platform company is indeed a monopoly agreement. If it is invalid from the beginning to the end according to Lawyer Luo, then it must automatically transition to a labor relationship.

Is it more than 300 million yuan or 2000 yuan?
The judge feels that this case must be handled with caution!Can anyone with a big d come out to help alleviate it? "

Facing such inquiries from netizens!
Of course, there are also professional lawyers to explain:
"There is absolutely no contradiction between substantive justice and procedural justice! You don't have to worry about this at all.

Because Lawyer Luo also argues from the perspective of procedure, and negates procedure with procedure, sometimes even if he signed in black and white and violated the law, then he is invalid from beginning to end! "

"Onlookers in the front row..."

……

"The defendant, please answer positively!"

In the courtroom, the judge lightly tapped the wooden hammer in his hand, urging again and again.

Because Lawyer Li, the gold medal barrister sitting in the dock, is now flipping through the indictment quickly.

In fact, the thinking is running fast, thinking about how to answer!
It's like a student who actually didn't do homework on Sunday, tried his best to find out a homework book that didn't exist in the drawer, and said, "Teacher, wait for me to do homework..."

How should the golden barrister answer?
If you answer the food delivery platform company has the right to fine the delivery rider!
Then it means that the food delivery company platform has acquiesced that there is a labor relationship between itself and the delivery rider!

Further compensation must be made!
If you answer the food delivery platform company has no right to fine the delivery rider!
So how to explain the name of the money sent?
If you can't explain it, you will be fined others for no reason!
It's like a person stabbing a passerby on the side of the road twice for no reason, you should give me a reason anyway!

If no reason is given, then this company will definitely be punished by law...

For example, administrative penalties and the like...

And once it is admitted that this is a sum of money obtained for no reason!
Then you have to return the money to others!
Paying back these few sums of money will cost less than 1 yuan!

but!

But open this hole!
And does it mean that more than 1000 million other riders have been fined...

Also obtained for no reason?

Since it was taken for no reason, it must be returned to the original owner!

Do they have to be returned to the hands of these 1 million people?

hiss!
Such an amount has reached an exaggerated level in an instant!

Come to think of it, a rider is fined $500 a month no matter what!

If you work for one year, you will be fined 6000!

There are 1 million takeaway riders. Some of them will run away with buckets after working for a month!

A full year of work and a half discount is 500 million yuan, multiplied by 6000 yuan!
That's 300 billion!
hiss!
Take out 300 billion at once! ?
Then this food delivery platform company can also declare that it is on the verge of bankruptcy!

A market value of 1 billion does not mean that the company can generate 000 billion in cash flow!
Let alone 1000 billion, even 200 billion is enough!
hiss!
So all of a sudden, a kind of closed-loop infinite loop was formed!
Under the urging of the judge, the golden barrister in the dock finally spoke:

"Returning to your honor, the money that the delivery riders handed over to our company cannot be regarded as fines, but the security deposits paid by the riders. After all, we are renting small electric donkeys and other expenses from our company..."

The golden barrister has done his best!

Such nonsense!
The judge frowned!
Damn, are you kidding me?
Are you thinking that some of us don't have the judgment of ordinary people?
The deposit for the little eDonkey?

A deposit is enough, how many fines do you have to pay every month?
Not to mention anything else, even if one of the fines in a certain month has exceeded 1000, it is enough to buy a slightly inferior eMule!
Are you embarrassed to open your eyes and talk nonsense?
The voice of the presiding judge was already quite rude: "It is said that it is the deposit of the company's small eDonkey? Is there a deposit (fine) that has to be paid every month? Is there any evidence to prove that this is a deposit?"

The gold medal barrister was at a loss for words for a while: "We have no corresponding evidence!"

"The defendant, as a judge, I would like to reiterate here that whoever claims to provide evidence, since you cannot provide the corresponding evidence, then you will suffer corresponding adverse consequences, and your argument will not stand! You are also a golden barrister who has been famous for so long , don't make such an answer without evidence.

Now I am back to the original point, and once again formally asked the defendant, what are these few fines? "

To get the best of both worlds, we must choose the lesser!

I can only pick the light ones to plead guilty!
The golden barrister gritted his teeth: "These amounts are indeed fines imposed by our company on the plaintiff! But they only belong to the mutual binding fines between the partnerships!"

You won't die if you don't see the Yellow River, right?
Are you still stubborn?
Still do not admit that this is a penalty arising from the labor contract relationship, right?

The judge nodded: "Then can the defendant explain why the plaintiff has to pay the insurance money through the defendant's channel?

And the defendant, you cut off the insurance premium of 66 yuan by yourself in the process, and took [-]% of the share without permission!
As far as I know, the defendant is a food delivery platform and its business scope does not include insurance business. I hope the defendant can give a reasonable explanation and provide evidence! "

At this point, the golden barrister feels that it is useless to force it: "This is insured through the channel of the food delivery platform in accordance with industry regulations, and we charge a reasonable handling fee, which is just as it should be!"

The judge's frown deepened: "So you charged nearly 7% of the handling fee directly to others, right?"

"Yes……"

"Then you, the defendant, admit that the plaintiff paid the insurance premium through your channel, right?"

"Yes..." The golden barrister sighed.

"Just admit it!" The judge nodded.

"This is the end of the focus of the first two debates. If both parties have anything to add, they can bring it up in court to continue the debate!"

"We have nothing to add in a short time! But once there is evidence in the future, we reserve the right to continue to add!" Gold medal lawyer Lin waved his hand.

"We also reserve the right to continue adding evidence!" Luo Kai nodded.

The three presiding judges nodded quickly.

These two points of contention can pass.

So what's the point of contention next...

The boss of the food delivery platform company seems to have finally lost his mind.

After listening to the question just now.

They didn't feel that the situation was quite unfavorable for their own side.

Is it possible that this lawsuit will also be overturned?
Such a simple labor dispute case has to be overturned?

Surrounded by layers of obstacles set up by golden barristers using the law, can this boy surnamed Luo really fight his way out?
Outrageous, okay?
Similar labor dispute cases were obviously not like this before!

Why did this kid surnamed Luo become like this after he went to court?

The boss of the food delivery platform company was puzzled, but he was shocked!

Young people nowadays don't talk like this, Wu De?

Are they all this fierce?

Perhaps feeling the suspicious gaze of his boss, the golden barrister continued to cough!

The next point of contention began: "We are skeptical of the compensation calculation standard proposed by the plaintiff! The compensation should not be calculated according to the place where the rider works, but should be calculated according to the rural per capita income of the place where the rider's household registration is located. calculate!"

Luo Kai raised his eyebrows after hearing the other party's criticism?
You finally admitted that we have a substantial labor relationship with the food delivery platform company, right?
Seeing that it can't be avoided, let's try to reduce the amount of compensation, right?
Break up with me in these details, right?
OK, then come!
The same. People have different fates, right?

The average monthly income per capita in the cities and towns where the food delivery riders work...

Probably around 6000!

Based on this calculation, the compensation obtained is about 350 million!
But if the per capita rural income of the rider's household registration is used to calculate...

The compensation should be reduced by at least 7% all at once!
That is to say, you can only get about 100 million at most!
million! ?
Compared with 350 million, how much was cut all at once?

It's really an iron cock!
it's fine!
Come!
fighting!

About these details, someone Luo has already expected it!
Otherwise, why did I simulate so many times with the boss of the law firm?
Since it is all kinds of compensation for labor disputes, how can the details of compensation not be meticulous?
The judge lightly tapped the wooden hammer in his hand: "The focus of the defendant's dispute is whether the compensation should be calculated based on the rural income of the plaintiff's domicile, or the per capita urban income of the place of work, right?

What is your opinion on the plaintiff? "

Luo Kai tidied up his tight suit: "For the objection raised by the defendant..."

　Tomorrow morning, the liver is not moving!rush!
　　
　
(End of this chapter)