Life in Tokyo as a lawyer
Page 134
In addition, the other party had been to the hospital after the car accident, and the hospital did not find any problems with the other party. As for the long overtime work that the other party said, there was no time to be hospitalized for observation.
There is no substantive evidence for this accusation, and the overtime hours at the factory of Happiness Cake are all within the stipulated range, and overtime wages have been paid.
Therefore, the other party's allegations were false and the company refused to pay the fee.
But these are all in writing, and in the end the jury will have to look at the arguments of the lawyers of both parties in the trial before making a final decision.
The first court trial should start soon, members of the jury...
However, the way that Tsuchiya Yuri looked at her was really strange.
"So you met, Mr. Tokiwa?"
Moriyama Mikuri looked at her aunt Tsuchiya Yuri in front of her, a little surprised, and said something a little excited.
Hearing this, Tsuchiya Lily nodded, "That's right, that's right, he looks really handsome, especially after wearing a suit, no wonder you are fascinated by him.
But I don't feel that kind of mature man, it's a bit too young, not my favorite type. "
When Moriyama Mikuri heard this, he said helplessly: "What's the obsession, it's just the employer.
And in two weeks, I will move to the ancient residence with my parents, and his job there will also quit, I have already told him. "
Tsuchiya Lily looked at Mikuri Moriyama who was waving her hands, and asked seriously: "Do you really want to move there?
Shili, you still want to work more, but if you go here, you will have no job opportunities at all, right? "
Such ancient dwellings are not particularly well-known places, and sometimes there are few tourists. After I go there, even if part of the ancient dwellings are converted into homestays, there may not be many guests.
Hearing this, Moriyama Mikuri couldn't help thinking about his future life.
The following is an interview from the variety show "The Continent of Passion" in Fantasia.
Moriyama Mikuri is unemployed.
From ordinary employees to otaku.
In fantasy, Moriyama Mikuri was playing games in a messy room: "Yeah, I haven't gone out for about half a year."
After finishing speaking, he dropped the game controller and lay down on the floor full of dirty clothes: "I'm very happy. I eat three meals a day, I can take a nap, and I can concentrate on playing games. Every day is very fulfilling."
……
Such a depraved life will make you crazy, right?If it passes, it will really become such a life!
Thinking of this, Moriyama Mikuri couldn't help covering her face, what should I do better.
Moreover, I seemed to have said something strange to Mr. Tokiwa last time. Will the other party let me work next time I pass by?You don't think your intentions are wrong, do you?
Shouldn't I be unemployed if I haven't finished the last two weeks?
Thinking of this, Moriyama Mikuri couldn't help sighing, his job was really a failure, or he might just give up the idea of working and just lie at home and be an otaku, right?
At this time, Tsuchiya Lily thought of the case where she served as a jury, and her own situation, and said a little helplessly: "Speaking of it, it is really difficult to work now, not only because there are few job opportunities, but even if you find a job, you will be squeezed by the boss. , I will discard you after the squeeze is over."
Those stupid bosses don't know what the situation is like at all, they just know what the rules are, and they must be driven out within a certain time.
There is also that idiot Party A, this plan is not good, that plan is not good, after five or six times, he throws up the first plan again, but the other party actually clapped his hands and said this is good!Why didn't this get out sooner? !
Bastard, this is the first time I took it!You are simply tossing yourself on purpose! ?
Moriyama Mikuri said helplessly: "Don't say that, it's always good to have a job, even if you work overtime, it proves that the company needs you."
"How can I say that, other people don't think so, what kind of jury case I served this time, the other party died in an accident caused by overtime work, the company refused to compensate, and did not pay overtime pay.
Now the family members of the deceased employees claim compensation from the company, but the company refuses to compensate. "
Hearing this, Moriyama Mikuri stood up immediately: "How can this be done?!"
Tsuchiya Lily looked at Mikuri Moriyama who jumped up suddenly: "Hey, why are you so excited?"
When Moriyama Mikuri heard this, he immediately began to explain: "If it's a job, it's natural to get paid, right?
It is something like overtime, it should be taken for granted, should be paid, right?Why is there no pay?It's not fair, is it?
It is a matter of course to pay for labor and get paid. Why does the company refuse to pay? "
Hearing this, Tsuchiya Lily said helplessly: "Don't say that, the current company makes you work overtime, thinking that these are what you should pay in your salary."
"Isn't that clearly written in the contract? The working hours and overtime hours are clearly stipulated.
The remuneration I get is the remuneration for working eight hours. If I need to pay extra labor, there should be additional remuneration, right?
It turned out to be completely unreasonable to do such a thing, right? ! "
In Moriyama Mikuri's view, work is a very necessary thing, and getting paid for work is an even more necessary thing.
Now that you have paid for your labor, you should be paid as you should, and you cannot refuse to pay for any reason.
From Moriyama Mikuri’s point of view, work and remuneration are an equal exchange. In fact, earning is not an appropriate term. If you don’t work hard when you go to work, but catch fish, this is called making money.
I work hard during working hours and fulfill the obligations in the contract. This is legally exchanging my labor for other people's remuneration.
Hearing this, Tsuchiya Lily said helplessly: "The boss of the company doesn't think so. If the boss could think so, the world would have been peaceful long ago."
In the eyes of the boss, if he pays eight hours of wages, he should buy out your whole day's life.
Even 996 can no longer satisfy these people, and now I want to transition to 007 painlessly.
But there is no 007 in 007!
When Moriyama Mikuri heard this, she nodded helplessly: "Working in a company also has difficulties in working in a company."
……
"Is it such a coincidence? It's really interesting that two targets appeared in one place at the same time."
"Yeah, I didn't expect such a coincidence to happen. Sure enough, things like fate still exist sometimes."
"Heh, the plan about them should not have started so early, but you can take this opportunity to observe them carefully. After all, the organization has standards for recruiting people."
"Don't worry, I want to observe them carefully. How is Song Yi's situation?"
"He went over to the lighthouse, and there are other people who are looking after it."
"What about the candidate from Thailand and the candidate from the mainland?"
"The mainland candidate has been confirmed, but in prison, we need to find a way.
As for the one from Thailand, although she is quite up to standard, there is always something wrong with her...let's observe and observe. "
"Okay, I will take a good look at the two candidates here, and I will start preparing for the follow-up plan.
The deal with the black organization is progressing steadily, but the other party seems to have always planned to eat black.
By the way, regarding those 12 lunatics, don't worry about them for now, there will be old opponents to deal with them. "
"Okay, I see."
231. Riding a tiger is hard to get off
"To sum up, there is absolutely no evidence to show that our company has compelled employees to work overtime.
Therefore, what the opposing lawyer said was that overwork caused delays in medical treatment and deterioration of the deceased, the plaintiff's husband, which was completely nonsense and an unfounded accusation without evidence at all.
Although our side expresses deep sympathy for the situation of the other family, it does not mean that we can agree to the unreasonable demands of the other family.
This kind of request from the other party is completely an act of coercion, which is really disgusting. "
Shiga Makoto watched as Misumi Natsuyo, who was standing opposite him, finished stating his evidence.
After finishing speaking, Shiga Makoto breathed a little helplessly, he shouldn't have appeared here in the first place.
Originally, I wanted to leave this drudgery to my old opponent, to see if I could entrap him in this kind of matter, but as a result, the other party went around while talking, and I picked up this shit again.
As a result, I appeared in this court again...
Watching the debate on the field, Tokiwa Sogo, who was a member of the jury, took a sip of tea calmly. It is not his own stage yet, so he can only sit on the stage and watch.
This is the third trial, and the defendant's president, Masato Miyoshi, also attended the trial. If there is no accident, this trial will determine the final result.
After the trial, the jury will be taken to a sealed room to discuss whether the Happy Cake Company needs to compensate for the death of the company's employees.
In fact, to be honest, this trial is only the second trial. When the first trial was held, the president of the other party was not present, and only two lawyers were present.
As soon as the trial started, the opposing lawyer submitted a thick stack of evidence of at least several hundred pages in court, which caused the trial to be interrupted, because the plaintiff and the plaintiff's lawyer had no way to read such a long piece of evidence in court.
The judge was also very helpless about this, saying that the other party should submit it earlier. This practice of submitting so many documents in court wastes everyone's precious time. It is simply delaying time intentionally, which is an extremely bad behavior.
After all, many jury members ask for leave to participate in the jury. Even if many companies face this kind of thing, they don’t have paid leave, and they will be scolded by the boss, saying that you delay the company’s business and deduct your salary. The company does not deduct, and the income of the jury cannot compare with the income of the company.
But there is no way, the jury is obligatory, and it doesn't matter whether you have time or not.
As for the defendant's submission of evidence in court, because the evidence has already been submitted, and it is in line with the procedure in theory, the judge can only postpone the retrial in court.
So the first trial did not make any substantial progress, and it can even be said that it has not started and it is over.
As a member of the jury, Sogo Tokiwa also read the evidence provided by the defendant. This evidence mainly wanted to prove that the deceased's work was very easy, and there was no such thing as overwork.
He also said that the deceased died on the way to get off work, and the car accident was also at the time of get off work. Is it possible that the company is responsible for the accidental death of employees now?
Although there are many things, they are long and smelly, and they are purely used to help the other party delay time.
"According to my investigation, there are three factories of Happiness Cake. Normally speaking, the output of each factory's assembly line is fixed according to the normal working hours.
However, since the happiness cake became famous in the past few months, the sales volume has been continuously rising, and this month has even reached an astonishing level, and it can even be said to be a record for the whole of Japan. "
The plaintiff's lawyer Sansumi Natsuyo took a sales list of the happiness cake and introduced it to the court. These data are all public information and can be found by simply checking.
Of course, the factories will need some extra help.
Hearing this, Masato Miyoshi, the president, sat in his seat and straightened his suit, looking very proud of his achievements.
After all, in his opinion, he can be said to be a real entrepreneur if he can open a cake shop in any shape he wants.
Sansumi Natsuyo did not pay attention to the attitude of the other party, and continued: "According to the current market shipments and sales, if the three factories work according to the normal time period, the daily output will not be able to meet the sales at all. Production The difference between volume and sales is exactly doubled.
That is to say, if the output of the factory works according to the normal time period, the production output is only half of the sales volume, so where is the other half of the sales volume produced? "
Upon hearing this, Makoto Shiga immediately began to explain: "Well, it is because the factory has innovated technology, which has led to a substantial increase in output and greatly improved work efficiency, so the output of the factory can fully supply the sales of the market."
"Really? What kind of technological breakthrough can double the speed of cake production?"
Hearing this, Shiga Makoto shook his head and refused to answer: "This involves commercial secrets, and we refuse to answer."
"Really? It's a commercial secret, but according to the information obtained from the investigation, the Happiness Cake Factory has not replaced any large-scale production machines in recent years. Even if the cake relies on machine innovation to increase production, it still needs to replace the machines, right?
Therefore, the technical update is pure nonsense, and there is no machine on the market that can hit the output that the opponent said.
Your company also stated that there is no overtime situation. If you say that, the only possibility is that the cake cut corners?It is only possible to reduce the production time of products by cutting corners and materials, so that the output of cakes can be doubled, right? "
Sansumi Natsuyo looked at Masato Miyoshi who was sitting on the seat and said with a smile, hit a snake and hit seven inches, Sansumi Natsuyo knows how to deal with these bosses.
During this period of time, Sansumi Natsuyo encountered obstacles one after another in various aspects.
Originally, I wanted to use public opinion to gain more people's support, so that this case could gain the attention of the broad masses of the people.
But on the Internet, Masato Miyoshi's company started out marketing on the Internet, and has an excellent relationship with various websites, so it can be said to be a financial backer.
And most of the self-media have just had the food of happiness cake. They are short-handed and soft-mouthed. As long as the reputation of happiness cake is not completely rotten, they will not go up and step on it. After all, they have recommended others to eat it before. .
Of course, except if the reputation of Happiness Cake is completely rotten, I immediately stated that I was cheated at the time, quickly cut off with the other party, and then went over to step on it to see if I could get myself to a higher level.
But there is no such situation now, and the website also restricts the traffic of some videos that say bad things about cakes, and puts them there without deleting them, but sometimes they can’t find them even if they deliberately search.
As for the traditional media, Natsuo Sancheng approached several newspapers. When they received the news, the reporters all said that they would definitely publish the news. After all, it is considered big news that this kind of Internet celebrity-level cake has a scandal.
But two or three days later, these newspapers still had no news. Natsuyo Sansumi called his acquaintance again, and the other party said that he had never heard of this matter, and that he definitely did not take what Natsuyo Sansumi gave him. material.
Some said that they are upright and upright, stick to the ethics of newspaper people, the most important thing in news is authenticity, and the fake scandal of happiness cake will never appear in the newspaper.
And some company employees who had promised to testify in court, let alone testify in court, are not even willing to meet.
At this point, Sansumi Natsuyo knew that it was difficult to get this matter to get attention through normal channels. There was no way, after all, the other party had far more social resources than himself.
I have been working in the law firm for more than 20 years and have some contacts, but compared with the other party, it is a little bit pale.
So Sansumi Natsuyo came up with a different method. The theoretical output of the other party could not reach the market sales at all, and there must be loopholes in the process.
In this case, it can only prove that the other party has worked overtime.
Of course, it is absolutely impossible for the other party to admit it. After all, employees are required to work overtime 996, which is governed by the labor law. Even if most companies do this, it is illegal to violate the law.
Even if everyone already knows about it and plays tricks, because capitalists have already done this kind of thing, it is not illegal.
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