Quick Wear: Everyone knows I am a good person

It is neither a labor dispatch nor a contract relationship.

The labor relationship between the two has been nailed down.

Lawyer Shao frowned, feeling that Shu Jiao was really difficult to deal with.

Soon, he changed his mind.

Since the labor relationship is irrefutable, we must find ways to reduce the company's liability and compensation.

Lawyer Shao's eyes flickered slightly.

With the intervention of the arbitrator, the debate moved on to the next key point.

"The deceased's sudden death occurred during working hours at the workplace, which meets the requirements of Article 15 of the Work Injury Insurance Regulations, which stipulates that sudden death from illness at work is considered a work-related injury."

"The company should pay full compensation for work-related death, funeral expenses, and pensions for dependents."

Shu Jiao raised her eyebrows slightly and said firmly, "At least 120 million!"

"I don't approve."

Lawyer Shao retorted, "The company's working hours are 9:30 a.m., and the deceased died at 9:22 a.m., which is not within working hours."

"The deceased worked twelve days a week at the company, and worked overtime for a total of eight days. The high intensity of overtime work induced the deceased's sudden death."

"Moreover, the night before his death, the deceased was still working overtime at the company until 11 pm."

Shu Jiao pressed forward, "Isn't this the company's responsibility?"

“How can this be considered a company responsibility?”

Lawyer Shao quickly found a rebuttal, "The cerebral hemorrhage was most likely caused by his own illness. What evidence do you have to prove that there is a direct causal relationship between the illness and the company?"

all in all.

The cause of death must not be sudden death due to overwork.

Hearing this, Shu Jiao's lips curled slightly, "Do you have evidence that he applied for voluntary overtime?"

"You said his sudden death from a cerebral hemorrhage was caused by his own fault. Then let me ask you, does the medical examination report submitted by the company's employees before joining show that he had any related diseases?"

"Or in other words, do you have his pre-employment physical?"

hiss~

Lawyer Shao thought about it carefully——

I don't really have a medical report, but I have evidence of applying for voluntary overtime...

"The company has retained the deceased's application for voluntary overtime work, which was signed by the deceased. The company did not force employees to work overtime."

Lawyer Shao said.

"Really? Is the company's voluntary overtime application legal?"

Shu Jiao sneered, "The workload assigned to the deceased by the company requires at least ten hours a day, and the legal working hours are eight hours. Does this count as voluntary overtime?"

"The company leader assigned the deceased a new task at 9 pm and told him to submit it within half an hour. Is this voluntary overtime?"

"in addition!"

Shu Jiao seized on this point and refused to let go. "The company's voluntary overtime application form clearly states one item—

Voluntarily waive overtime pay."

"According to Article 44 of the Labor Law and Article 31 of the Labor Contract Law, if an employer arranges overtime work, they must pay overtime pay."

“Article 26 of the Labor Contract Law clearly stipulates that—

A labor contract in which an employer exempts itself from legal responsibilities and excludes the rights of employees is invalid.

"The right to labor remuneration is a statutory right, but the defendant's lawyer, in the voluntary overtime application form, attempted to deprive workers of their legal rights through an agreement."

"so!"

"This voluntary overtime application is invalid!"

Lawyer Shao: ...

damned!

Isn’t Shu Jiao a criminal case investigator?

How come she can talk about labor law so freely?

Can't give up, can't give up, think about where else to start... Think quickly...

"Even if the deceased was working overtime at the company's request!"

Lawyer Shao took a deep breath and said, "That doesn't prove there's a causal relationship between overtime and the deceased's sudden death from cerebral hemorrhage!"

How do you prove it?

What evidence do you have?

There are so many possible causes of cerebral hemorrhage. Why do you say it was caused by overtime work?

Lawyer Shao insisted on this point.

He knows better than anyone—

Once Shu Jiao is convinced that "the company forced the deceased to work overtime, which caused the sudden death of the deceased from cerebral hemorrhage", then the company will be fully responsible.

That would be troublesome.

He thought this would cause some trouble for Shu Jiao.

After all, the deceased did not make a pre-employment physical examination report, and ordinary employees generally would not have the time to do a physical examination for themselves, so Shu Jiao should not be able to submit evidence.

But when I looked up, I saw Shu Jiao smiling softly, as if she was confident and casual, as if she had hit the gun point of hers.

"It seems the defendant's lawyer doesn't have the deceased's pre-employment medical examination report."

Shu Jiao said slowly.

What a coincidence, isn't it?

You don't, but I do!

"The deceased had a routine physical at his previous company two months prior. The report showed he did not have high blood pressure or arteriosclerosis, and did not have any underlying medical conditions that could have caused a cerebral hemorrhage."

"so!"

"The deceased suffered a sudden cerebral hemorrhage, it must have been from working excessive overtime!"

Shu Jiao's tone was extremely firm.

Lawyer Shao: Damn it!

How could it be such a coincidence?

How could it be such a coincidence?

Dead brain, think quickly, do you have any rebuttal points?

Think quickly!

After all these years in the industry, I can't possibly lose to a young criminal case like this, right?!

“Even if it constitutes a work-related injury.”

If your quibbling doesn't work, take a step back and try a different approach.

Lawyer Shao continued, "But the deceased did not sign the contract, and the company did not participate in the insurance. He was at fault for not paying the social security contributions, so the company's liability should be mitigated."

"If an employee hasn't paid social security contributions since joining the company, the company is fully responsible."

Shu Jiao immediately retorted, "According to Article 41 of the Social Insurance Law, all work-related death benefits are borne by the employer!"

“It’s not that the company doesn’t pay social security.”

Lawyer Shao stubbornly argued, "The deceased had been employed for half a month, which was less than the social security processing period, and the deceased did not cooperate in providing insurance materials."

"The company has no subjective malice!"

OK OK.

Such a stubborn argument, right?

Shu Jiao was almost laughing.

"First, Article 58 of the Social Insurance Law clearly stipulates that employers must register their employees for social insurance within days. The deceased had been employed for half a month, so the company had plenty of time to complete the registration procedures."

"Secondly, did the company inform the deceased that they needed to submit social security materials?"

Shu Jiao raised her eyebrows slightly and looked across. "Please ask the defendant's lawyer to show that the company has fulfilled its legal obligation to inform the deceased, which is evidence of his non-cooperation."

The burden of proof may be on the company.

If you can’t get it out, it’s the company’s fault!

"at last!"

Shu Jiao emphasized her tone slightly, "Regardless of whether the company had subjective malice or not, it is an objective fact that it did not pay social security for the deceased."

"It is unacceptable for the defendant's lawyer to use this to evade responsibility!"

Speaking of this, Shu Jiao's eyes turned slightly, and she thought of another point.

"In addition, according to company employees, none of them have paid social security contributions. This shows that not paying social security contributions is a common practice of the company, which is illegal!"

After hearing this, Lawyer Shao felt a black screen before his eyes.

Stick to the law, break down the rhetoric, always emphasize objectivity, and don't fall into the trap he sets, keeping the responsibility firmly on the company.

The other side's logic is too strong.

What other reasons can be used?

Lawyer Shao’s head really hurts.

In the end, we can only start with compensation.

Lawyer Shao insisted that "the deceased had just started working and had no salary flow" and proposed "calculating according to the local minimum wage standard."

What is Shu Jiao willing to do?

Of course he won’t agree to that!