The courtroom was quiet, with Judgnt Chief Old Zhou sitting above, struggling to suppress his laughter.
It's not that he's unprofessional, he just couldn't hold it in...
Especially that puzzled expression of his paired with that statent, really, no one here could keep a straight face.
Who said judges can't be entertainers? In fact, it's the judge's job that's particularly likely to encounter all sorts of amusent, and why is that? Because when you present evidence in court, you need to get into the details.
Particularly in divorce litigation, there are often so outrageous situations...
For instance, there was a case at the Guangming District Court, a divorce case, where the husband and wife were arguing in great detail about their marital life and the man's affair.
It's safe to say that if it weren't for the courtroom setting, it would be close to distributing obscene materials—anyway, much more than what many people have seen from Liu Beiwen...
The key was that they were asking for legal opinions while explaining, and the poor judge—a woman who's never been married—was shocked speechless but still had to provide judgnts and diations...
This young man is quite interesting, especially since he's not even a lawyer.
On one side, Supervisor Liu was getting anxious and whispered fiercely, "Elder Zhang, what's happening? Weren't we said to have the upper hand? How did it turn out like this!"
Elder Zhang's fists were clenched tight. He hadn't been doing litigation for a long ti, and the lawyers he'd encountered usually just read their scripts, waited for the judgnt, and then left.
He had never co across such a situation where soone would grab onto a loophole in your evidence and start pulling it towards other directions.
What's more critical is that he had just confidently claid his professionalism and that the other side didn't understand, only to be directly contradicted now.
Forcing himself to be composed, Elder Zhang spoke up, "Next is evidence number two..."
As long as I don't take the bait, I can pretend nothing's wrong!
"This is a chat log, what the plaintiff claims to be evidence of overti work. However, we can see that the so-called overti is just the occasional reply to a custor in the group, which cannot possibly constitute as overti."
Or rather, this is actually the core dispute in the case: whether communication after hours counts as overti work!
Elder Zhang didn't think it did, so he didn't bother looking at the specific calculations. He just needed to prove that such communication wasn't overti.
anwhile, Tang Fangjing spoke up again, "I have no objections to its authenticity, but I believe this piece of evidence can further prove that overti work indeed took place."
"My job is in operations, I often need to interact with clients, and answering clients' questions in the group is certainly a work activity. Since this happens after regular working hours, I consider it to be overti work."
That was Tang Fangjing's logic, as simple as it gets: has replying to WeChat after hours anything to do with work? Sure. Yet, it is not during working hours.
So, that's settled. If you're working outside of regular hours, then it's unreasonable to say that it isn't overti!
"The court investigation is over; we will now begin the court debate," Old Zhou announced from above.
This was not just any situation, this was a total domination. Perhaps this ti Bright District Court might set a guiding case!
Tang Fangjing spoke up, "The evidence I provided can prove that my use of social dia for work outside of working hours goes beyond re communication!"
"And this type of communication occurred almost daily, with a cyclical and regular nature, obviously taking up my rest ti, so it should rightly be recognized as overti!"
Elder Zhang was starting to feel nervous. This was different from what he had expected. The opponent's logic was extrely clear, leaving him at a loss for words.
But there was no helping it; he still had to speak.
"Our side... We believe that, as an employee of the operations departnt, it's not considered overti for the company to just give Tang Fangjing a call. As for replying to ssages in a WeChat group, it doesn't significantly encroach on the individual's rest ti."
"Because he can do other things while replying to ssages, it's obvious that it's impossible to do other things while working overti."
"So it's not appropriate to consider after-hours communication as overti..."
To this, Tang Fangjing countered, "Whether it's overti or not should not be determined by whether other tasks can be done at the sa ti, but by whether the laborer has provided substantial labor content."
"And according to the chat records, on days where the ti spent replying to ssages after work exceeded three hours, the proportion was significant. Therefore, it can be fully determined that I have provided substantial labor content outside of work hours, and it should be recognized as overti..."
Even Manager Liu felt that the other party seed more professional now.
What Tang Fangjing ant was that the key point is whether you did the job or not. Even if you work while taking a dump, you are still working, and no one can deny that.
Elder Zhang began to repeat himself. Tang Fangjing, who had already sat down, no longer spoke and left it to others to say whatever they wanted.
After the courtroom debate ended, Old Zhou habitually asked, "Are both parties willing to accept diation?"
Both parties expressed their unwillingness to accept diation.
The collegial panel adjourned, and Elder Zhang, watching the Judgnt Chief and the other two leave, imdiately turned to Tang Fangjing and said, "What was your point just now, huh? Did I offend you or sothing? What do you an my legal knowledge is from a sports college? Clarify your words!"
Regarding this, Tang Fangjing directly said, "This is how I do things. If you're standing opposite in court, then you're the opponent. If you feel it's unjust, we can keep going and see if you really are from a sports college."
Elder Zhang wanted to say more but was stopped, only able to sit down sulkily with a red face.
He felt he had lost all face; what good does it do him to offend soone over just one lawsuit?
Manager Liu said nothing and tried to act professional, but that's nonsense. From start to finish, they were completely outplayed by the others... well, that's the best I could do...
After a long wait, finally, Old Zhou returned with a judgnt docunt in hand, his expression sowhat complex.
It was expected that with this verdict, Bluebird Company would definitely appeal. If the second-instance judgnt sent back for retrial or anded the decision, this year's reform rate would not look good...
But the judgnt had to be made as it should be.
"The court finds that with economic developnt and advances in Internet technology, the working model of laborers has beco increasingly flexible. They can provide labor anyti, anywhere through computers and mobile phones, and are not confined to the work locations or office spaces provided by employers."
"Especially for laborers who use social dia like WeChat to carry out work outside of regular working hours and places, the issue of invisible overti is not uncommon, and one cannot simply deny overti because the labor did not occur at the employer's workplace..."
"And according to the chat records, it can be determined that Tang Fangjing engaged in work through social dia after hours, which exceeds the occasional and temporary normal communication..."
"Considering that overti through social dia differs from traditional overti and that the duration is difficult to quantify objectively, it would be unfair to take the full duration as overti... Bluebird Company is hereby ordered to pay Tang Fangjing an overti compensation of six hundred thousand yuan."
With the judgnt concluded, Manager Liu's face turned extrely ugly—six hundred thousand yuan was at stake!
Moreover, their company had always treated its employees like beasts of burden. If everyone were to sue, that would be disastrous!
"That's not right, your judgnt is unfair, there's no way this is acceptable, we want to appeal!"
On Tang Fangjing's side, however, he remained calm. This, after all, was the status quo. Although he had calculated everything, the court would still make discretionary decisions, and this had been the result after the second-instance trial in his past life.
Indeed, calculating overti hours through chat records is not very fair...
He himself would not appeal; the current result was sufficient to ensure the completion rate reached two hundred percent, and all that was left was to wait for the second-instance trial.
Anyway, he still had to report to the labor inspection departnt. Regardless of the outco there, it would be enough.
The fines plus compensation, comfortable indeed.
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