Grassroots lawyers also have their day

Chapter 85 Paper Tiger

"Yes, I have an income certificate and a traffic violation ticket. I submitted them during my labor arbitration." The bald man said, handing the two pieces of evidence to the female judge.

"We will now begin the examination of evidence. The plaintiff shall examine the evidence submitted by the defendant," the young female judge said.

"We do not recognize the authenticity, relevance, or legality of the first piece of evidence. This 'Income Certificate' was issued by the plaintiff to the bank to help the defendant apply for a loan. The issuance of this document had a special purpose, and this evidence alone cannot prove the employment relationship between the two parties."

We acknowledge the authenticity and legality of the second piece of evidence, but not its relevance. We believe that the penalty notice is irrelevant to this case. The plaintiff is a transportation company whose vehicles are frequently penalized and have points deducted by traffic management authorities. The plaintiff has previously used the defendant's driver's license to have points deducted, as evidenced by QQ messages, which are included in our evidence.

"The cross-examination is complete!" Wang Chuan looked up at the young female judge and said, seeing that Zheng Yi had nothing to offer in terms of compensation.

"The defendant shall examine the evidence provided by the plaintiff," the young female judge said, looking at the bald man.

"I acknowledge the QQ messages; they did borrow my driver's license. But I think that proves I'm a company employee. If I weren't an employee, why would I lend my driver's license and get points deducted?! Am I crazy?!" the bald man shouted dramatically.

"Defendant, the QQ message mentioned offering to lend driver's license points for a fee. How do you explain this 'for a fee'?" the young female judge asked.

"Paid? That's easy. They pay me, I let them use my driver's license, and I get paid for every point deducted," the bald man said without hesitation.

"Do you acknowledge the funds shown in the transfer records provided by the plaintiff?" the young female judge asked.

"I agree, this money is compensation for using my driver's license! It's less than three thousand yuan in total," the bald man said.

"Defendant, may I ask what the purpose of the income certificate you provided is? I see it says China Construction Bank on it," the young female judge asked.

"The income certificate I got from my employer was for a mortgage loan. I was planning to apply for a loan from China Construction Bank, but it didn't go through. If I'm not an employee of the company, why should the plaintiff give me this certificate? Judge, don't you agree?" the bald man said, shaking his bald head.

"Defendant, did the plaintiff ever pay you a salary?" the young female judge then asked.

"Yes, they were all sent to me through my sister," the bald man said.

"Defendant, why doesn't the company pay your salary directly to you?" the young female judge asked, puzzled.

"My brother-in-law is the plaintiff's boss, and my sister pays my salary every month. That's how it's done," the bald man said.

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

"My sister is the boss's wife," the bald man said.

"I'm asking about her job title. What does she do at the company?" the young female judge pressed.

"Boss lady! You don't need to do any work," the bald man said, scratching his head.

The young female judge felt like a scholar encountering a soldier: "You mean she doesn't work for the company and doesn't care about its affairs?"

"Yes!" the bald man said after a moment's hesitation.

"Defendant, what do you do for a living at the company?" the young female judge continued.

"Me? I drive. I drive for the boss," the bald man said.

"What evidence do you have to prove that you drive for the company?" the young female judge asked.

"Evidence? I brought the boss's car here today, right on the street outside the courthouse. Does that count as evidence?" the bald man said.

"Defendant, do you clock in and out of get off work regularly? Do you keep attendance records?" the young female judge calmly continued to ask.

"I don't need to clock in. I have a special status, and apart from my sister and brother-in-law, no one dares to control me," the bald man said arrogantly.

"Have you signed an employment contract with the company? Or have you communicated about signing an employment contract?" the young female judge asked.

"No! My sister is the boss's wife, it's our own business, I don't need to sign a labor contract at all," the bald man said.

"Plaintiff, is the defendant employed as a driver at your company?" the young female judge asked, looking at Wang Chuan and Zheng Yi.

"Judge, the defendant does not hold any position with the plaintiff. The vehicle was lent to the defendant by the company boss, and the defendant has not returned it. Last month, in order to get the defendant to return the car, the plaintiff called the police. The police station has a dispatch record. However, the police will not allow the lawyer to obtain it; only the court can obtain it."

Furthermore, the plaintiff has never paid the defendant a salary, and the defendant is not subject to the plaintiff's rules and regulations. The defendant doesn't even have a security card for the plaintiff," Wang Chuan said.

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

"I don't have an access card because I don't go to the company often, so it's useless to me. If I wanted one, it would be a simple matter of a word. Five words floated across the sky: 'No problem at all!'"

"The car loan never happened. Judge, don't listen to their nonsense. My brother-in-law let me drive the car for work convenience," the bald man said, getting a little agitated.

……

"Plaintiff, please present your arguments," the young female judge asked.

According to the regulations of the Ministry of Labor and the judicial interpretation of the Supreme People's Court, three conditions must be met for a labor relationship to be established: first, both parties should have a mutual agreement to establish a labor relationship; second, the employee should be subject to the rules and regulations of the employer; and third, the labor provided by the employee should be an integral part of the employer's business.

In this case, the defendant is neither subject to the plaintiff's rules and regulations, nor does he provide labor to the plaintiff, nor has he reached an agreement on a labor relationship. Therefore, the two parties should not have a labor relationship... That's all!" Wang Chuan said.

"Defendant, please present your arguments." The young female judge looked at the bald man.

"I disagree with the plaintiff's opinion. I am the plaintiff's employee," the bald man shouted.

"...Court is now adjourned!" The young female judge slammed her gavel down.

Just as Wang Chuan was tidying up the litigation documents on the table, the young female judge said, "Attorney Wang, Attorney Zheng, please provide the address and name of the police station. We may need to retrieve the police records."

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

After signing the court transcript, Wang Chuan and Zheng Yi had just walked out of the courtroom when the bald man angrily followed them from behind.

"Kid, you didn't even bother to find out who I am before you took this case. You better watch out!" With that, the bald man glared at Wang Chuan, jumped into an Audi parked on the side of the road, and sped away.

"What's going on?! What does it have to do with you whether I take the case or not?! Pah! What are you being so arrogant about?! Are you afraid of me?!" Wang Chuan shouted angrily in the direction the Audi had driven away.

"Forget it! He's just a paper tiger, no need to pay him any attention. You refuted him completely in court today, he's just venting his anger!"

"We're just making money, doing our jobs, there's no need to get angry. Let's go!" Zheng Yi said, pulling on Wang Chuan and whispering advice as he saw people constantly coming and going at the courthouse entrance.

(End of this chapter)