Chapter 157 Finally Seeing the Dawn!_4
Tang Fangjing really hated this kind of thing!
He had waited in Xiping District for three days, and on the fourth morning, Qinglv County's JW called, and after investigation, it was confirmed that Feng Laiying indeed had an issue, and she had already been disciplined and ordered by the arbitration committee to be transferred away from the front desk.
There was nothing else that could be done; such a trivial matter wasn't grounds for dismissal.
However, Old Tang was already satisfied, and that afternoon, he went to the Qinglv County Arbitration Committee again.
The director of the arbitration committee personally received him, but Old Tang didn't say much, only submitting his application at the window according to regulations, requesting the committee to investigate that information technology company in The Capital.
He was now preparing on two fronts, to see whether the arbitration committee or the Dayuan District People's Court could make a determination on the nature of the company in The Capital that was responsible for paying wages.
With such a determination, he could rid himself of that company; otherwise, if there was litigation later on, the other party could still use the defense that they were not responsible for paying wages, which the court might very well accept.
Old Tang's progress was swift, but in Qinglv County, at the station where Li Fugui had previously worked, the station manager Gao Qingwen was still carefree, believing that he would not be affected at all.
To be honest, even the delivery platforms themselves probably didn't have a clear understanding of the nature of these stations.
This was especially the case as various types of riders came online, making things even more complicated. The legal manager of his brother-in-law's company had said that these legal relationships were basically impossible to clarify.
To clarify them, one had to be prepared to fight a lawsuit for at least two years, starting from two years.
In civil matters, it's like this: a relationship must be clarified by the court, hence you have to go through the process, and going through one litigation process, including arbitration, first instance, and second instance, might only serve to clarify a single legal relationship.
It can only be said that large companies really play complex games in this area, and their legal teams aren't just for show.
In Gao Qingwen's view, with such a long time having passed, the statute of limitations for litigation had expired, which indicated that the other party had not even initiated a lawsuit.
His understanding of the law was limited, simply believing that if the other party wanted his side to take responsibility, they should at least sue his brother-in-law's company.
Now, without even a lawsuit, there was no way they could be in trouble—keep the music playing and continue the dance!
...
San He Company had already received the subpoena; their thoughts were the same as those of the delivery platform: first and foremost, they did not acknowledge any labor relationship.
The platform didn't want to take responsibility, nor did the subcontracting company want to assume any if they could help it, not to mention that the problem originally had nothing to do with them as it had arisen from the stations below them.
And since that station was not under their management, they naturally were not willing to acknowledge any labor relationship.
The Dayuan District People's Court had begun the session, with San He Company sending their legal personnel to appear in court, while the third party, the company from The Capital, did not appear.
The subpoena had been sent, but it was ignored.
Unsurprisingly, Old Tang lost the case again; San He Company had provided their regional subcontracting contract with Fengyu Company, claiming they had subcontracted the rider services in Qinglv County to Fengyu Company.
As for whether the contract was invalid due to illegal subcontracting, that was unclear; the Dayuan District People's Court suggested suing in a separate case.
In this case, San He Company had not employed Li Fugui nor paid him a labor remuneration, so it was comprehensively determined that there was no labor relationship between the two parties.
Online, netizens had calmed down from the news of "Tang Fangjing losing the lawsuit" because no matter how they ridiculed him, Tang Fangjing didn't respond a word.
To quarrel, there had to be a response to start a quarrel; if the other party remains silent, saying anything yourself is pointless, especially since it's risky to insult someone...
And just then, the news "Tang Fangjing loses another lawsuit" appeared once again.
It was clear that the self-media that reported it seemed very eager to attract traffic, but sadly, no matter how hard they tried, the netizens had lost interest.
If he lost, he lost—how else could it be? These days, who doesn't lose a lawsuit...
Losings for the first time might be intriguing, but the second time around, it's just the same.
The news wasn't released by San He Company. In fact, their legal team was busy preparing for Tang Fangjing's next lawsuit.
Suing in a separate case, right, to confirm the invalidity of the subcontracting contract, that certainly had to go through the court.
```
Lawyers like Tang Fangjing, if they really wanted to get serious, would absolutely sue.
However, there was again no movement from Tang Fangjing's side, and another week had passed.
In Dayuan District, inside San He Human Resources Ltd., the legal manager was bewildered, "Tang Fangjing hasn't filed a lawsuit? What's going on?"
All that time prepared for nothing, and the other party didn't file the lawsuit after all!
"It's not like him, I heard that Tang Fangjing is extremely meticulous. Whatever the issue, he would definitely see it through to the end. By all reasoning, he should have filed a lawsuit..."
Unable to come to any conclusion, the legal team couldn't just keep waiting for such an incident; they had to let it go for now.
At this time, Old Tang was naturally in Qinglv County. He didn't pursue the lawsuit to confirm invalidity because there was no need yet—invalidating it wouldn't have been of any use anyway.
He had to get clear information about that company in The Capital first.
The previous JW real-name report had a very good effect, and the investigation by Qinglv County was vigorous.
Two days prior, they had received a call. The company in The Capital also belonged to an outsourcing firm but was different from labor subcontracting; it specialized in service outsourcing.
In fact, labor subcontracting is a type of service outsourcing, only that labor is a special case. Hence, the related legal provisions don't allow for subcontracting following labor outsourcing.
One can understand this; labor itself involves stability, and, coincidentally, the construction industry, which makes the most use of labor outsourcing, would lead to a myriad of subcontracting if not regulated.
Even though that's actually what happens, at least when there's a problem, the subcontracting can be directly deemed invalid.
And the service that The Capital's company outsources is the payment of wages.
Don't underestimate this; paying wages is not just a matter of accountants clicking some buttons—it's often outsourced to professional financial institutions.
Two days later, the arbitration hearing took place. This time, The Capital's company sent representatives, probably feeling that labor relations should not be taken lightly.
The arbiters in the court were serious, yet they found that the renowned Lawyer Tang was sitting there calmly, speaking as if merely going through the procedures.
It was the same impression as with the takeout platform's legal affairs before—the other party seemed to be arbitrating for the sake of arbitration.
Little did they know, Old Tang had already obtained what he wanted—the outsourcing agreement signed between the company from The Capital and San He!
After all, in this world, there's no love without reason. Previously, The Capital's company remained in the background because they felt there was no need to get involved, but now the situation was different.
Just as with the takeout platform's outsourcing agreement with San He, The Capital's company had to argue its case—outsourcing the payment of wages does not imply a labor relation!
As expected, the arbitration went without surprises, and Old Tang lost thoroughly. Even if Qinglv County had wanted to help, it wouldn't have been possible—there truly was no labor relation.
After the arbitration concluded, Old Tang looked at the Decision Document in his hand. It had not been easy. Even if everyone knew the situation, navigating the legal process was still a hassle.
But now the situation had finally become clear. The labor subcontracting was invalid, the wage distribution was outsourced, and, given Fengyu Company's clear management, the next step after getting the court to invalidate the agreement was to establish the labor relation with San He.
However, before that, Old Tang still had to visit the social security office in Qinglv County.
Workers should have social security, something Fengyu Company was unlikely to provide. Nowadays, hardly any company would pay social security for couriers—not to mention exclusive delivery; it all depends on the location.
In some places, subcontracting companies are somewhat decent and might provide it, but in others, forget about it...
The reason for visiting the social security department was to establish a connection with the takeout platform.
Having a labor subcontracting agreement doesn't necessarily mean it's genuine outsourcing; there could be another scenario where it's nominally subcontracting, but in fact, it's labor dispatching!
According to relevant legal provisions, if the dispatching company doesn't have a branch in the area, the employer should pay the social security contributions.
And who is the employer? Whose uniform are the couriers wearing? Whose work are they doing? It's quite clear.
And as for that station manager, what was prepared for him this time was not merely financial compensation. Otherwise, after all this effort, if it was just about money, it would be quite a loss of face for Old Tang.
```