Me! A disgraced celebrity! Starting by seeking justice for impoverished students.
Chapter 236 is not a legitimate reason for withholding wages!
Jiang Chen remained calm and picked up the last piece of evidence.
"The applicant presents the fifth set of evidence: the original text of the 'Construction Worker Labor Contract' signed by both parties."
"For the purpose of proof, the contract is a pre-drafted and repeatedly used standard form contract by the respondent."
"Among them, clauses such as 'annual unified settlement of wages' and 'workers are responsible for their own injuries or deaths due to violations of operating procedures' are standard clauses that exempt employers from their legal responsibilities and exclude the main rights of workers."
"According to Article 497 of the Civil Code and Article 26 of the Labor Contract Law, such clauses should be deemed invalid and cannot be used as the basis for judgment in this case."
The final blow was to completely undermine the validity of the contract!
The gallery fell silent for a moment as everyone turned to look at the respondent's seat.
If a contract is invalid, then the contract is completely useless!
Zheng Kun's eyes narrowed, and then he spoke in a deep voice.
"The respondent has no objection to the authenticity and legality of the fifth set of evidence, but objects to its purpose!"
"This employment contract was signed voluntarily by both parties, represents their true intentions, and all terms have been negotiated and confirmed by both parties; it does not constitute a standard form contract!"
"The practice of annual wage settlement in the construction industry is in line with industry norms and does not violate mandatory legal provisions. Safety liability clauses aim to regulate workers' safe operating procedures, not to exempt them from legal responsibility!"
"The applicant's claim that the clause is invalid lacks factual and legal basis!"
All five sets of evidence have been presented and examined.
Jiang Chen slowly sat down, his expression calm.
Zheng Kun returned to his seat and picked up a pen to make some notes on the case file.
Pei Zhenbang quietly breathed a sigh of relief.
In his view, Zheng Kun had handled everything perfectly, and Jiang Chen's evidence wasn't that damaging.
As for the workers in the gallery, they were somewhat uneasy.
I thought the evidence was irrefutable, but it seems the other side can argue about everything!
Lin Xiaoyu's palms were sweating as she turned to look at Jiang Chen.
Jiang Chen noticed her gaze, turned his head slightly, and gave her a look that said, "Don't be impatient."
The questioning was only the first half of the confrontation.
Whether the evidence is admissible or not, and whether the reasons given are valid, ultimately depends on the arbitration tribunal to decide.
Moreover, he still has a backup plan.
The chief arbitrator glanced through the evidence materials from both sides and looked up at the respondent's seat.
"The applicant has completed presenting evidence."
"Does the respondent have any evidence that they need to present in court?"
As soon as the chief arbitrator finished speaking, Zheng Kun immediately stood up and said, "The respondent has submitted evidence."
He gave the young legal counsel next to him a wink.
The other party immediately handed over a stack of neatly bound evidence.
"The respondent presented the first set of evidence: twelve original copies of the 'Construction Workers' Labor Contracts' signed by both parties."
Zheng Kun held up the contract and said loudly, "To prove the purpose."
"First, the contract was signed voluntarily by both parties, is legal and valid, and clearly stipulates that wages will be settled annually, with unified accounting and payment at the end of each year. The payment deadline has not yet arrived, so there is no arrears."
"Secondly, the contract clearly stipulates that workers must strictly abide by safe operating procedures, and they shall bear full responsibility for any injuries or deaths caused by violations. Lin Jianguo was injured due to violations of operating procedures, and he shall bear the consequences himself!"
After he finished speaking, he gestured to the clerk to pass the evidence to the arbitration tribunal and the other party.
The chief arbitrator flipped through two pages and looked at Jiang Chen: "Applicant, please provide evidence."
Jiang Chen calmly stood up, his voice clear and bright: "The applicant shall present his/her evidence."
"We have no objection to the authenticity of this set of evidence, but we object to its legality, relevance, and purpose of proof!"
"First, the contract is a standard contract unilaterally drafted by the respondent and reused by all workers. The 'annual wage settlement' clause violates the mandatory provision in the 'Regulations on Guaranteeing the Payment of Wages to Migrant Workers' that 'migrant workers' wages should be settled monthly.'"
"The clause 'employers are solely responsible for injuries or fatalities caused by violations' exempts employers from legal liability and excludes employees' rights. According to Article 497 of the Civil Code and Article 26 of the Labor Contract Law, it is an invalid standard clause and cannot be used as a basis for a judgment!"
"Secondly, at the time of contract signing, the respondent failed to fulfill its obligation to provide clear explanations regarding annual settlement and disclaimers. During recruitment, monthly salaries were verbally promised, and these clauses did not represent the true agreement between the parties!"
In just a few words, the core evidence of the opposing side was directly refuted from the very source of its validity.
Pei Zhenbang frowned and looked at Zheng Kun.
Zheng Kun remained expressionless and continued to present the second set of evidence.
"The respondent presented the second set of evidence: safety training record sheets, safety technical briefing documents, and daily safety inspection logs, totaling fifteen documents."
"Purpose of proof: The respondent regularly organizes safety training for workers, conducts safety technical briefings before operations, and has dedicated personnel to conduct daily safety inspections, thus fully fulfilling its safety management obligations."
"Lin Jianguo's injury was caused by his own refusal to comply with safety regulations and his risky operation without wearing a safety rope. The responsibility lies entirely with him."
This set of evidence looks very standard.
Each page was signed and dated, forming a full stack that looked exceptionally solid.
Some people in the audience whispered among themselves, "It looks quite legitimate. Could it really be that the workers broke the rules on their own?"
Jiang Chen took the evidence, flipped through two pages, and a barely perceptible smile appeared on his lips.
"Applicant's objection: We object to the authenticity, legality, and relevance of this set of evidence!"
"First, the signatures on the safety training record form are clearly inconsistent with the signatures on the labor contract, indicating that they were mostly signed by the same person in batches. The dates on the training records also have many alterations, indicating that they were added later and were not created at the time."
"Second, the safety inspection log only has the signature of the inspector, without on-site photos, rectification records, or worker signatures. It is a unilateral internal record of the respondent and does not have objective evidentiary value."
"Third, even if there are training records, it cannot exempt the respondent from the legal obligation to provide qualified safety protection facilities and ensure work safety, nor can it offset the liability for work injury compensation."
This hits the nail on the head, directly pointing out the key issue of proxy signature re-doing!
A hint of surprise flashed in Zheng Kun's eyes.
But he quickly regained his composure and proceeded to present the third set of evidence.
"The respondent presented a third set of evidence: eight documents in total, including the project department's payroll accrual details and the company's fund approval process sheets!"
"Purpose of proof: The respondent's annual accrual of workers' wages is in accordance with the contract and construction industry practice."
"The project has not yet been completed, the project funds have not been received, and the conditions for wage payment have not been met. There is no situation of malicious delay in paying wages."
"Applicant's testimony."
"We have objections to the authenticity, legality, and relevance of this set of evidence!"
Jiang Chen spoke calmly, yet each word was clear.
"The payroll accrual details and fund approval forms are internal financial documents of the respondent, which are unilaterally produced and have no binding force on external parties."
"Internal financial arrangements by employers cannot override their legal obligation to pay wages."
"Whether or not project funds have been received cannot be used as a legitimate reason to withhold wages from migrant workers!"
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