Me! A disgraced celebrity! Starting by seeking justice for impoverished students.
Chapter 238 is almost flawless!
As the presiding judge finished speaking, Jiang Chen slowly stood up.
His posture was upright, and his voice was deep and powerful, resounding throughout the entire arbitration court.
"The applicant presents the following arguments regarding the key issues in dispute in this case."
"First, regarding the unpaid wages and the 25% economic compensation."
According to Article 3 of the "Regulations on Guaranteeing the Payment of Wages to Migrant Workers", migrant workers' wages shall be paid to the migrant workers in monetary form on a monthly basis, with monthly settlement.
"This is a mandatory provision of national administrative regulations, which does not allow employers and employees to change it through agreement."
"The clause on 'annual settlement of wages' in the labor contract in question is a standard clause that the respondent drafted in advance and used repeatedly for all workers. This clause exempts the employer from the legal responsibility of paying wages on a monthly basis, excludes the worker's core right to receive wages on a monthly basis, and the respondent did not provide any explanation of this clause when the worker signed it."
At this point, Jiang Chen's gaze locked onto Zheng Kun.
He took the initiative to cite the mandatory provisions of national administrative regulations, and if the other party objected, then that objection was a rebuttal to those provisions!
It leaves the other party speechless!
"According to Article 497 of the Civil Code and Article 26 of the Labor Contract Law, this clause is invalid from the outset!"
"Based on attendance records, foreman's bank transfer records, and team group notifications, it is sufficient to prove that the respondent has been in arrears with the wages of the twelve applicants for a long period, up to six months, which constitutes malicious withholding!"
According to Article 3 of the former Ministry of Labor's "Measures for Economic Compensation for Violation and Termination of Labor Contracts", if an employer withholds or delays the payment of wages to an employee without justification, the employer shall also pay an additional economic compensation equivalent to 25% of the wages.
Therefore, the respondent should pay the owed wages of 586,000 yuan, plus an additional 25% economic compensation of 146,500 yuan!
After the first point was made, the workers sitting in the audience were already incredulous.
Not only can they get their wages back.
They might even have to add another 25%!
In the past, they wouldn't have even dared to think about it!
I never knew the law could do this!
Zheng Kun's expression was serious, his mind racing as he pondered how to break through Jiang Chen's argument.
"Secondly, regarding workers' compensation benefits."
Jiang Chen continued speaking.
"First of all, the applicant, Lin Jianguo, was injured in the course of his work during working hours and at his workplace, falling from a height while performing his work duties, which fully meets the conditions for work-related injury determination as stipulated in Article 14 of the Regulations on Work-Related Injury Insurance."
"Secondly, the on-site investigation report from the Xucheng District Emergency Management Bureau has confirmed that the lack of edge protection, insufficient safety netting, and inadequate safety equipment at the work site in question, as well as the serious lack of safety management by the respondent, were the main causes of the accident."
"The respondent's claim of 'workers operating in violation of regulations' is not supported by any valid evidence."
Upon hearing this, Pei Zhenbang was already getting restless.
Jiang Chen didn't mention Lin Jianguo's problems; instead, he brought up the issues that existed at their construction site itself!
The key lies in...
These problems already existed on their construction site!
If the panel of judges hears these things, the final judgment will be very unfavorable to him!
Are you confident?
Pei Zhenbang leaned closer to Zheng Kun and asked in a low voice.
Zheng Kun's expression was also very serious, and he silently wiped the sweat from his forehead.
"I'll give it a try!"
On the other side, Jiang Chen's tone became increasingly serious.
"Moreover, workers' compensation insurance operates on the principle of no-fault liability. Unless an employee commits a crime intentionally, is intoxicated or under the influence of drugs, or engages in self-harm or suicide, such legally excluded circumstances, even if the employee is negligent in their operations, it will not affect the determination of a workers' injury, nor will it reduce the employer's liability for workers' compensation!"
"The respondent failed to pay work injury insurance for its employees in accordance with the law. According to Article 62 of the Regulations on Work Injury Insurance, if an employee of an employer who should have participated in work injury insurance but did not do so suffers a work injury, the employer shall pay all expenses in accordance with the items and standards of work injury insurance benefits stipulated in these Regulations."
Therefore, the respondent should pay Lin Jianguo all medical expenses, wages during the period of work stoppage, nursing expenses, hospitalization meal allowances, as well as the one-time disability compensation, one-time work-related injury medical subsidy, and one-time disability employment subsidy after the work capacity assessment, totaling 238,000 yuan!
The moment the money was mentioned, even Lin Jianguo, who was sitting in the plaintiff's seat, was a little dazed.
These compensation payments may not amount to much for the vast Pei Group.
But for his impoverished family, it was a new turning point!
I thought that the best outcome of suing Jiang Chen would be to get all my previous wages back.
Unexpectedly...
Jiang Chen wanted more!
"Third, regarding severance pay for termination of employment contracts."
Jiang Chen's debate continues.
"The respondent's long-term arrears in wages and failure to pay social insurance in accordance with the law fall under the statutory circumstances under which an employee may unilaterally terminate the labor contract as stipulated in Article 38 of the Labor Contract Law."
"If an employee terminates their employment contract for this reason, the employer shall pay the employee economic compensation."
"Economic compensation is calculated based on the number of years the employee has worked for the company, with one month's salary paid for each full year of service."
"The twelve applicants' length of service ranged from one to five years, and their total economic compensation amounted to 362,000 yuan. The calculation standard fully complies with the law!"
"In summary, the facts of this case are clear, the evidence is conclusive and sufficient, the respondent's illegal acts are clear, and they seriously infringe upon the legitimate rights and interests of the workers."
"We request the arbitral tribunal to support all of the applicant's arbitration claims in accordance with the law!"
The debate was logically rigorous and interconnected.
Every claim is anchored in the law and evidence!
The workers in the audience nodded frequently, and Lin Xiaoyu's anxiety eased a little.
The live stream chat was filled with cheers.
[Wow! Attorney Jiang is really trying to fleece us until we die!]
[Hahaha! What do you mean by "wool-pulling"? For the Pei Group, this little bit of money is nothing!]
[Exactly, such a large corporation, is it really that short of this little bit of money?]
Paying compensation is fine, but if we lose this lawsuit, the entire Pei Group will lose face!
He deserved to lose! Shouldn't he have lost for withholding migrant workers' wages?
This means that those who are enemies of the working people will ultimately be defeated by them!
Jiang Chen's debate completely overwhelmed his opponent from every angle.
It seemed to be flawless.
The presiding judge then looked at the respondent's seat: "The respondent shall present his/her arguments."
Zheng Kun took a deep breath and calmly stood up.
He adjusted his glasses, trying to sound calm and collected.
"call……"
The respondent presented the following arguments!
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