Lawyer's character
Chapter 21 I have a way
"By the way, when we entered the construction site, the boss gave us a work permit, and someone checked us when we entered the construction site." Feng Datong said and took out a plastic-sealed work permit from his pocket, which contained names, photos, work units, etc. It's still stamped with a seal.
"Well, this can be used. Is there any other evidence? For example, work clothes and the like." Fang Yi looked at the two of them.
"There are work clothes, but the company name is not printed on them! We didn't think much about it at the time, so we didn't leave any evidence." Jin Zhong said.
"Well, I think we can try to prosecute, but there are definitely risks because there is too little evidence.
In addition, Boss Jin does not have the qualifications as an employer. The relationship between you and the boss named Jin is a service relationship, not a labor relationship. Litigation procedures will be slower and more time-consuming. Fang Yi thought for a while and said.
"How long will it take for the court to issue a verdict? One month? Two months?" Feng Datong asked, blinking.
"The time is probably longer than what you said. It's hard to say. It depends on how many cases the court hears. The longest trial I know of was a case that was delayed for a year and a half without a verdict. Of course, your case may not be It will take so long, but you still have to be mentally prepared.
Even if the judgment is awarded, if Boss Jin doesn't pay the money, you still have to apply for enforcement, and it's hard to control the time. "Fang Yi said.
The reason why Fang Yi said this was to give the client a vaccination first, so that if the case was dragged on and the case was not judged, the client would be mentally prepared.
"This... we can't afford to wait. Even if we can wait, we can't afford to have food at home and children to go to school. It would have been better if I didn't listen to Boss Jin at the beginning, but now I can't get the money... I'm sorry, big guy !" Jin Zhong scratched his head with both hands and said with regret.
"Hey! Brother Jin, don't be too sad. Of course, everyone thinks that Jin is from our hometown, so he can't lie to us, but who knew he was such a grandson! Don't blame yourself too much!" Feng Datong Counseled.
"Yes! Now that things have happened, the most important thing is to resolve the matter and let everyone get the money. I have a way, you can try it." Fang Yi racked his brains and said after seeing the anxious expressions on the two people's faces. .
"What can we do?" The two of them looked at Fang Yi at the same time.
"Don't you have the name of the gardening company on your work permit? I'll take you to the Human Resources and Social Security Bureau to complain about their wage arrears." Fang Yi rolled his eyes.
"But it's Boss Jin who owes us wages, not the gardening company." Jin Zhong said doubtfully.
Feng Datong also looked at Fang Yi confused.
"Listen to me, you don't have evidence in your hands to prove that Boss Jin owes you wages, but you have the access pass of the gardening company.
If we file a complaint against the gardening company, the gardening company will definitely try its best to disassociate itself from you. If the company can provide evidence that Boss Jin is your boss and should pay wages, plus the WeChat record of Boss Jin asking you to work, Wouldn't this be easy to handle? "Fang Yi explained.
"Well, I think it's okay. Lawyer Fang, then file a complaint against the gardening company." Jin Zhong thought for a while and slapped his thigh.
"If you all agree, bring everyone here to see Xiao Zhou to sign the entrustment procedures. This afternoon may be too late. Tomorrow morning, I will take you to the Labor Inspection Brigade of the Human Resources and Social Security Bureau to complain." Fang Yi said.
"Okay, let's go back and talk to everyone. Come over in the afternoon to sign the entrustment procedures." Jin Zhong said.
After lunch, Fang Yi took the bus to the procuratorate with his bag in hand. When I arrived at the entrance of the procuratorate, I was stopped by the gate guard. I called the prosecutor in charge of Zhong Wen's case. More than 20 minutes later, a tall female prosecutor came over.
"Are you lawyer Fang Yi?" the female prosecutor asked, looking at herself with her lawyer's certificate.
"Yes, I am lawyer Fang Yi from Zhengyi Law Firm. This is my formality. You must be Prosecutor Chen!" After Fang Yi finished speaking, he handed over the entrustment formalities.
"Come with me." The female prosecutor had a cold face. After reading the procedures, she returned the entrustment procedures and the lawyer's certificate to Fang Yi, and then led him towards the office.
"I came here today to talk to you about Zhong Wen's case. This case is not complicated, and Zhong Wen does not deny the facts of the crime. I think the criminal suspect is not particularly harmful to society. Zhong Wen is a crime of passion... ..." Fang Yi told the female prosecutor what he had learned.
"I know what you're talking about. I went to the detention center to see Zhong Wen before. We don't think this case is too harmful to society, but he himself has never admitted that this is a crime and cannot recognize his mistake at all.
Moreover, the victim has no intention of forgiving him, so it is more difficult for us to handle. Well, if he pleads guilty, we will take it into consideration in sentencing.
Of course, it would be better if there is a letter of understanding from the victim.
If you don't have anything else to do, I'll have a meeting later. "Prosecutor Chen said in a routine manner.
"Okay, I understand. Sorry to trouble you!" Everyone ordered them to be kicked out, so Fang Yi had to get up and leave.
The prosecutor's opinion is basically consistent with his idea. If Zhong Wen pleads guilty and the victim signs a letter of understanding, the case may get a good result. But if not, it's hard to say. It will take three to ten years. The term of imprisonment depends entirely on what the prosecutor and the judge think.
After coming out of the procuratorate, Fang Yi called Zhong Bin and once again reminded the Zhong family of the importance of the letter of understanding. If the Chu family couldn't come up with the letter of understanding, they would have to let the Zhong family find a way.
The next morning, Fang Yi and Xiao Zhou took the client to the Human Resources and Social Security Bureau to complain. The corridor in front of the Labor Inspection Office was crowded with migrant workers, numbering about fifty.
Because there were many people involved and they were afraid of causing trouble, the labor inspection department contacted the gardening company on the spot, and then notified Fang Yi and others to come back at 3 p.m., when people from the gardening company would be there.
After walking out of the door of the Bureau of Human Resources and Social Security, Fang Yi looked back at the crowd in Wuyang Wuyang behind him, looked at Jin Zhong and asked, "Aren't you a total of twenty-one employees? Why are there so many people here at once?"
Jin Zhong chuckled: "You are right, there are fifty-eight workers in total. We are all foreigners. We are afraid that if there are fewer people here, others will not take us seriously."
Fang Yi nodded. It seems that everyone has been educated and knows that there is strength in numbers: "Let's organize everyone to have a meal first, and come back at three in the afternoon."
"At noon... why don't we treat you to a meal?" Jin Zhong hesitated and said.
Jin Zhong brought the villagers out to work, and he still knew how to deal with the world. During this time, he always felt a little guilty in his heart. He was afraid that Fang Yi wouldn't do a good job for him, so he thought about paying for him to have a meal. Of course, people from the county town He didn't dare to go to big restaurants, mainly because he was short of money.
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