Jiang Hao thought of the company again, but he was hesitating. What should the company do if it made it clear that he would not pay?

He must not be able to talk about the law, he is a professional.

At this time, Jiang Hao suddenly thought of a legend in Tenda Company, if there is anything to do, remember to ask Mr. Zhou!

Moreover, the legend in the company was said to have a nose and eyes, and Jiang Hao before him naturally didn't believe it.

After all, he had learned in school that the company's purpose is to make profits. If every employee in the company is in charge, how can it make money? Doesn't the boss need to make money?

But now there is no other way, he can only choose to ask the company for help.

In Tenda Company, Ma Yao was busy with the work in hand, and then received a call from Jiang Hao.

"You mean, money is urgently needed now, but your girlfriend's company has no other news after paying 10 yuan in advance, right? Then you want to let the company take more responsibilities, right?" Ma Yao opened the mouth.

"Yes, master, now, we really can't do anything now. Tiantian's condition has improved a lot. If I continue to work hard, I have great hope of recovery. I, I really don't want to give up!" Jiang Hao said The voice was very hoarse.

"Okay, then you come back first, I'll contact Mr. He and ask you to consult our legal counsel."

Only magic can fight against magic. It is a bit inappropriate to put it here, but I just want to explain that professional things should be left to professional people, especially when your mouth is stupid.

Half an hour later, in Tenda's legal department office, legal girl Liu Shiwen sat there, looked at Jiang Hao in front of her and said, "Don't worry, what we can confirm now is that your girlfriend fainted in the company, and from The company was sent to the hospital, right."

Jiang Hao nodded: "That's it. Many people saw it at the time, and people in our company saw it too."

"This is not a problem. There are surveillance over there, and there are records in the ambulance. The problem now is that if you want to seek compensation from the other party's company, you must prove that your girlfriend was hospitalized because of excessive overtime."

"Besides, as the other party said, first, your girlfriend is an intern, not a regular employee. Whether there is a labor relationship is still a matter of debate. Second, whether it can be recognized as a work-related injury is also difficult. It needs to be proved There are too many things..."

In terms of causality in law, if you want to prove that the other party’s illness is caused by excessive overtime and staying up late, you first need to prove whether excessive staying up late will cause such a disease!

Secondly, it is necessary to prove whether there is excessive staying up late...

Don't think it seems unnecessary to say this at all, let's just talk about the evidence, the company's clock-in situation, haven't you encountered a situation where you have to clock in after get off work, but you still have to work?

As I said before, the current company has too many routines in this regard.

Whether you can prove overtime work depends on the attendance record, but what if there are problems with this thing?

The regulations say to leave work at six o'clock, and you signed off at six o'clock, but you can't leave. How do you determine the time at this time?

This is the problem, and even if there are attendance records, in practical cases, if only attendance and clock-in records are used as evidence of overtime work, if the company denies it, the arbitration committee or the court will most likely not support it.

Moreover, there is another situation where you are asked to work various overtime at night and then take compensatory rest. There are regulations here, four hours, half a day of compensatory rest, and one day of compensatory rest for more than four hours.

But basically...just listen.

We all know that staying up late hurts the body. This topic has been searched n times, so let you wait until three or four o'clock, and sleep more the next day. Can you make up for the shortfall in your body?

After all, human beings are mortals, not machines, so even if the machine wears too much, it needs to be refueled and repaired.

Unfortunately, there are no relevant provisions in the law.

Jiang Hao was dumbfounded again, he really didn't expect that there would be so many twists and turns.

"Then what do you think we can do now, arbitration or prosecution? But it's too late!" Jiang Hao said.

Liu Shiwen began to think about it. She had very few labor lawsuits in Tengda, because almost none of Tengda's employees left their jobs, and few of them left their jobs voluntarily due to reasons other than work.

If she is a lawyer, it is definitely recommended to go to various legal channels, as long as she can make money anyway.

But she's not a lawyer, she's just the company's legal counsel, and the boss is a nice guy.

It's just that no matter how she thinks about it, she feels that it is not easy to identify it as a work-related injury, or it is basically impossible to be a work-related injury.

Even if this matter is mentioned to the Human Resources and Social Security Department, or to the Labor Arbitration Commission, this is the result.

After thinking about it for a long time, Liu Shiwen could only say: "This... is really difficult to deal with. I can't give any suitable suggestions now. It can be said that this basically cannot be recognized as a work-related injury. We can only negotiate with them. Or...or ask Mr. Zhou for help."

What?Looking at the petite legal girl in front of him, Jiang Hao opened his mouth but still remained silent. He originally wanted to get advice from the company's legal counsel, but the advice he gave was really difficult.

Everyone knows that the boss is a big internet celebrity. If the boss posts a video, then this matter will definitely attract attention, but the boss is just the boss, not their father, so why should he help post this.

The situation seemed to be a little bit wrong. Finally, Huo Pengfei, who was busy on the sidelines, couldn't bear it anymore.

"I said Shiwen, it's not easy for him to identify a work-related injury, so there's nothing you can do about it? It's not a work-related injury, it's a tort, it's a violation of the right to life and health, why go to arbitration, directly file a tort suit That's fine!"

ah?The three of them, Jiang Hao, Ma Yao, looked over. Everyone didn't know much about Huo Pengfei. This legal officer didn't get along very well after he joined the company, and he always liked to strike up conversations with pretty girls, so...he wasn't very popular.

But I didn't expect him to say such a thing at this time!

Liu Shiwen froze there. She suddenly felt that she seemed to have been working in the company's legal affairs for a long time, and her mind was restricted. When encountering such a situation, she would consciously resort to work-related injuries.

But I forgot about the Civil Code itself. For personal torts, it is indeed possible to file related infringement lawsuits!

It needs to be clarified here. In many cases, when we say that we have lost the lawsuit, it means that your appeal has been rejected.

For example, in the same case, you can file for infringement damages or breach of contract damages. If the breach of contract damages you file fails, it does not mean that the infringement damages will also fail. This is because different appeals lead to different results. M..

Huo Pengfei had already walked over, and said unhurriedly: "And if you file an infringement lawsuit, it will be easier for you to collect solid evidence than before. You only need to prove that staying up late will cause your girlfriend's illness... What the hell Say, myocarditis? Oh yes, that’s it.”

"Then, let's prove one more thing. Before your girlfriend was sent to the hospital, there were continuous stay-ups, and this stay-up was required by the company, so the company needs to bear the tort liability!"

Huo Pengfei is now working hard to learn how to speak, so he is close to the other party when speaking and doing things. When talking to ordinary people, try to speak plain language, which means that everyone can understand it.

Rather than forcefully speaking those French and other things.

Huo Pengfei's words made the three of them feel enlightened. This is to put aside the so-called work injury insurance regulations, labor laws and other departmental laws. We don't talk about labor relations, intern status or overtime.

We use logical causality and the tort provisions in the civil code to connect the whole incident together!

What about working overtime or not? Just say that your company asked me to stay up all night. I stayed up all night, and I stayed up all night continuously. Then, I asked a hospital or a relevant institution to issue an appraisal result. I suddenly fainted due to a sudden illness. , Is it because of the recent continuous staying up all night!

Once the evidence of these two logical relationships is fixed, the whole thing will be done.

There is no way out of the mountains and rivers, and there is another village in the shadow of the willows. This is what Jiang Hao thinks now.

Liu Shiwen stared blankly at Huo Pengfei in front of her. Ever since this lawyer Huo joined the company, she felt that the other party seemed to be like that. He spends his days in the company, drawing up a contract, and anyone can do it.

Who would have thought that this person's level seems to be [-] points higher than she imagined...

It even gave her a feeling of being big and big in front of her!

"Lawyer Huo, let's see what I should do now. Thank you so much..."

Facing the admiration and gratitude in the eyes of everyone, Huo Pengfei was a little flustered again. He was like this, and he was always not calm when encountering things.

"Oh, it's okay, it's all from the same company. I should help you. Don't take small things to heart."

"What you have to do now is to fix the evidence I just said, chat records, time sheets, and specific work records, etc., as long as it can prove that your girlfriend often stays up late, and stays up until late at night. , then no problem."

Jiang Hao nodded quickly. He thought about going back soon and discussing with his girlfriend to fix these evidences!

But he suddenly thought of something, and hurriedly asked: "Then if we can't collect all these evidences, you know, we don't pay attention to these when we work on weekdays..."

"I dare not vouch for you!" Huo Pengfei shook his head and said, "However, in civil trials, our judges will have a standard. This standard is called the standard of high probability of civil evidence!"

What is the standard of high probability of civil evidence?The Supreme People's Court stipulates in the judicial interpretation of the "Civil Procedure Law": For the evidence provided by the party who bears the burden of proof, the people's court, after reviewing and combining relevant facts, is convinced that the existence of the fact to be proved is highly likely, This fact should be determined to exist.

How do you understand this, in human terms, although the evidence you presented is not enough to prove this matter, but after the judge read it, hey, I think this evidence is very likely, and the possibility is very high!

Then what to do, it should be considered true, this is called the standard of high probability of civil evidence!

How to operate in specific practice, the answer depends on the judge, which is another manifestation of the discretion of the judge!

Of course, there are situations where the standards are not clear in practice, so there is no way to do this, but there are two points to remember: the preponderance of the evidence, and the high possibility of unproven facts.

All in all, you really can't produce definite evidence, but when you can produce corresponding evidence, you need to convince the judges that your story is true.

This is also a big difference between civil and criminal. In criminal, it is said that there is no doubt, while in civil, it is said that the judge can decide according to the situation.

Huo Pengfei explained very clearly that Jiang Hao finally had nothing to say, he greeted a few people, and then left in a hurry. He has too many things to do now.

This time, Jiang Hao was very emotional. If he hadn't joined Tengda, he probably would have no choice but to consult. If such a lawyer goes to consult, the consultation fee will not be small.

Seeing Jiang Hao leave, Huo Pengfei said with emotion, "It's good to be young."

There are too many things like working overtime, so much that many people feel numb.

We even feel that we should work overtime, because only by working overtime can we get more pay.

Zhou Yi has encountered many such remarks before. Many of those who hold this view are relatively hard-working workers with relatively high wages. Of course, overtime is also very serious.

They think this is normal, but Zhou Yi really wants them to read Das Kapital, read Selected Works of Mao...

After we leave, they will build schools and hospitals for you, and raise your wages. This is not because of their conscience, nor because they have become good people, but because we have been here.

But now, some people have forgotten a lot of things. It can only be said that interest is really a good thing, and they have been gone for a long time.

Cheers to Sun Dasheng today, only because the demon fog is back again!

Facts have proved that the promotional expenses that Jiang Hao "spends" were not in vain. As time went by, the news that a 23-year-old young girl entered the ICU because of overtime and staying up too late became more and more popular.

A lot of self-media began to take the initiative to gossip, but before gossip, they went through various considerations and determined that this matter should have nothing to do with a certain district bully, and then they started to do it.

Chapter 335 There is no need to talk about morals in this kind of company

There are various reasons for the popularity of a matter to rise, the right time, place and people, or "knife" has to be added.

Many "love in the world" fundraising platforms have promoters of one kind or another. It's no secret that you can spend money to buy things that are popular on donations.

This matter can become popular, mainly because of its own attractiveness.

Going back to the original question, is there more bosses or more migrant workers in this world? Naturally, there are more migrant workers.

So in the same way, when a girl in the young season is admitted to the ICU because of staying up late and working too much overtime, it will make many migrant workers feel the same and connect with herself.

Working overtime and staying up late endlessly is extremely harmful to health.

Even when you realize you're not feeling well, the problem is serious.

And what makes people very speechless is that every time such a topic is brought up, there will always be people who sing the opposite. For example, those successful bigwigs who didn't work hard when they were young, what's the point of staying up late, they only sleep for three hours a day!

Don't laugh... there are many such people.

I thought I was made of iron, and only when I was lying in the ICU would I realize that I would also die suddenly...

When it became popular, some self-media or reporters would contact the company for interviews.

But no matter how they contacted, they only got one answer. If the other party thinks there is something wrong, it is recommended to take legal channels.

The company does not believe that there is any fault in its actions!

It's just staying up late and working overtime. What if we give her compensatory time off? Can't the current employees even stay up late and work?

Outside the hospital, some self-media have found grandpa.

"So if I make a video like this, I can be taken seriously, right?" Father Sun said, looking at the group of people in front of him.

"Yes, uncle, when the time comes, let the social department intervene, and it will be easy to handle. If you work overtime like this, the company will definitely be fined!" The man next to him laughed.

The popularity of this matter is getting higher and higher. If they can post this video now, it will surely gain a lot of popularity!

And this matter is a win-win situation. With traffic, Sun Tiantian's matter can also be resolved.

Grandfather agreed, and then started to shoot the video according to what they said. At this time, no acting skills are needed, all of them are true feelings.

I have only one daughter. Both of them have chronic diseases and need to be treated, so the daughter wants to help the family earn money before she graduates, and earns money desperately.

lead to the present situation.

The video was finished, and the effect was very good. The man who works on self-media quickly wrote the title: A 23-year-old girl worked overtime and stayed up too late, and was admitted to the ICU!

After the video was sent out, it immediately added even more popularity to the original popularity!

Many users on the Internet are "sentimental". Most of the time, they don't think about laws or regulations, and they do what they think of.

For example, a certain man said that he was really unlucky because he had a daughter, and he said a lot of things that made netizens look very angry, such as what he did wrong in his previous life, and why it is better to have a son. Normal people will feel angry when they see it!

So a large-scale criticism and siege started on the Internet. Is this normal? It feels normal.

Because his remarks undermine the public's basic identification with public culture, he does not deserve to be a father.

However, from criticism and siege to endless abuse, human flesh messages, phone abuse, and even going to the store opened by him to criticize and abuse, is this right or wrong?

So people are contradictory. On the one hand, when some kind-hearted people commit suicide due to cyber violence, and the country cracks down on "cyber violence" and "human flesh searches", many people will support them in various ways, saying that there should be no Internet violence, Internet violence people should die!

But on the one hand, when a "bad person" is raped by the Internet and raped by human flesh, everyone will unanimously support it, thinking that the law can't control you, but public opinion can control you!

Contradictory?It seems to be contradictory, but it is not contradictory. To put it bluntly, it is a specific analysis of specific cases, but the behavior of netizens will always be affected by various news information.

They are all impulsive, and they still don’t understand the principle of letting the bullets fly for a while. If something happens, they rush forward in a hurry, which will lead to the tragedies we mentioned before. Kind people are bullied by the Internet because of a misunderstanding. And commit suicide.

In the end, it's nothing more than a bunch of people thinking about it, and when the thinking is over, they will continue to harass the Internet when it's time for it.

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