Chapter 392 Huo Pengfei: Why? 第392章霍鹏飞:凭什么？ On April 4, Qingming Festival previous day, death anniversary: Being insufficient, he is a child, considers as finished. 4月4日,清明节前一天,忌:不至于,他还是个孩子,算了算了。 The suitable ancestor worship, visits a grave, sweeps the graves, prosecution! 宜祭祖,上坟,扫墓,起诉！ Huo Pengfei really sweeps the haze now, his matter had been solved by Zhou resolute. 霍鹏飞现在真的是一扫阴霾,他的事情已经被周毅解决了。 Before he and matter of little Wu miss caused in the company to pass on many small words, after all truly gave the person to feel, their pair is weeding out the company wool. 之前他和小吴姑娘的事引得公司里传了很多的小话,毕竟确实给人感觉,他们这一对在薅公司羊毛。 Therefore currently the legal help fund of company has the new rule, avoids. 所以现在公司的法律援助资金有了新的规则,回避。 If between the law and staff member of ministry of law have any special relations, that cannot conduct the proxy. 如果法务部的法务和职员之间有什么特殊的关系,那就不能进行代理。 Naturally, this special relations whether exists, all rights to interpret in Zhou there. 当然,这个特殊的关系是否存在,一切解释权都在周总那里。 But this new provision was also jokingly called by the employees for „Huo Pengfei provision”...... 而这个新出台的条款也被公司员工们戏称为“霍鹏飞条款”…… Sits in the company, looks at the staff outside office, Huo Pengfei felt that all particularly are happy. 坐在公司里,看着办公室外的员工们,霍鹏飞感觉一切都分外美好。 It is no doubt that this was also one may become the Supreme Court to instruct the case the case. 不用说,这又是一个有可能成为最高法指导案例的案子。 This did not say that did not take seriously such case before, possibly few people know, gets employed law that the equal right involved, was «Employment Promotion Law», actually passed in 07 years, 08 years New Year's Day started to implement. 这不是说在以前就不重视这样的案件,可能很少有人知道,就业平等权涉及到的法律,也就是《就业促进法》,其实早在07年就审议通过,08年元旦开始实施。 Naturally, possibly a rarer person knows, our familiar labor laws, is the labor contract law, is 07 years passes, 08 years New Year's Day officially went into operation...... 当然,可能更罕有人知道,我们熟知的劳动法,也就是劳动合同法,也是07年审议通过,08年元旦正式开始实施…… Revised in 12 years. 只是在12年进行了修改。 Initially that age, we legislation work in labor employment truly did. 当初那个年代,我们在劳动就业方面的立法工作确实做了很多。 Why regarding still does not have the case about employment equal right probably, is very simple, really rarely some people, because the employment discriminates earnestly. 至于说为什么至今好像没有很多关于就业平等权方面的案例呢,很简单,真的很少会有人因为就业歧视去较真的。 No matter how said, the employer compares in the worker, is innate is in strong position, this was said fact that many are unable to change again. 不管怎么说,用人单位相比于劳动者,就是先天处于强势地位的,这是说再多也无法改变的事实。 Huo Pengfei held oneself gold-rimmed eyeglasses, underwent the learn/study of more than half a year, his present actions actually looked like with side Dazhuang very much. 霍鹏飞扶了扶自己的金丝眼镜,经过了大半年的学习,他现在的所作所为其实和方大状很像了。 Is the ideological mode cannot change as before, does not seem like side Dazhuang, came across what issue first to think can deliver...... 就是思维模式依旧改不过来,不像是方大状,遇到什么问题了首先想着是能不能把人送进去…… If this time case according to the provision of civil procedure law, actually must go to come to the location court in company to sue happily, specially far. 这次的案子如果按照民事诉讼法的规定,其实是必须得去喜来公司的所在地法院去起诉,特别的远。 But was good because of the present had the Internet court, here really must with many popular science, the Internet court really be the good thing. 但好在现在有了互联网法院,这里真的要和很多人科普一下,互联网法院真的是好东西。 But this probably ten cases, placed Hangzhou Internet Court directly, now, Huo Pengfei has prepared the petition of appeal, the corresponding evidence collected. 而这大概有十来个的案子,就直接放在了杭市互联网法院,现在,霍鹏飞已经准备好了起诉状,相应的证据都收集好了。 They cause such rejection reason, or directly in the limit that in the recruitment indicates, has probably not managed what employment equal right from the start. 他们弄出这样的拒绝理由,亦或者直接在招聘中表明的限制,好像压根没有管什么就业平等权。 In these cases an oddest company, hires the secretary, is even clear in the recruitment request, female, alone, but must have the sex life experience...... 这些案例里面最离谱的一家公司,招秘书呢,然后在招聘要求里甚至明确,女性,单身,还要有性生活经历…… The ghosts know that they must recruit the female secretary to incur the female sweetheart. 鬼知道他们要招女秘书还是要招女情人。 Calls on the staff to shout the master and so on, in brief, Huo Pengfei after is also starting to study these cases specifically knows, present labor employment market already oddly to this degree. 还有要求员工要喊主人之类的,总之,霍鹏飞也是在具体开始研究这些案例之后才知道,现在的劳动就业市场已经离谱到这个程度了。 Explained that in these company hearts does not have the legal awareness of least bit from the start, they can make such recruitment to request or, explained that has not received the penalty because of similar employment discrimination. 说明这些公司心中压根就没有半点的法律意识,亦或者说,他们能做出这样的招聘要求来,就说明从来没有因为类似的就业歧视而受到过惩罚。 Therefore, Huo Pengfei after receiving material then starts various effort preparations, goes through the material, prepares the evidence, has not been having a good sleep to think including many days. 因此,霍鹏飞从收到材料后便开始各种努力准备,查阅资料,准备证据,连着好多天都没有睡好觉。 However at his level, these cases really should not be too simple. 不过以他的水平来看,这些案子真的不要太简单。 For example this comes the case of company happily, the opposite parties were almost the bright sign, said that I discriminated against east the man (Han) the person, he could not find out the reason that the opposite party can argue. 比如说这个喜来公司的案子,对方都几乎是明牌了,说我就是歧视汉东人,他想不出对方能辩解的理由来。 Lowers the head, Huo Pengfei wrote in the dossier: „The reason that in my opinion, can argue nothing but is such several points, first, this is the personal behavior of staff, could add on the staff not to understand the operation the reason.” 低下头,霍鹏飞在卷宗上写道:“以我看来,能辩解的理由无非是这么几点,第一,这是员工的个人行为,或许可以加上员工不懂操作的理由。” „Then explained that our company is because other reason does not look for him, but this cannot stand firmly obviously, during duty behavior, the staff is representing the company.” “然后说明我们公司是因为别的原因不找他,但这显然是站不住脚的,职务行为期间,员工就代表着公司。” „Second......, if I am the opposite party attorney, I definitely look for east a man (Han) the staff, signs the contract, pays and submits the social security, then by this showed that does not have the employment discrimination the situation.” “第二点嘛……如果我是对方律师,我肯定找个汉东籍的员工,补签合同,补缴社保,然后以此证明并不存在就业歧视的情况。” „This point is also useless, does your company have east the man (Han) the staff, has with you employment discrimination in this case, without connection......, therefore, this case, is not right, is these cases almost gives for nothing!” “不过这一点也没用,你公司有没有汉东员工,和你有没有在这个案例里面就业歧视,没有关联……所以,这案子,不对,是这些案子几乎都白给啊！” Huo Pengfei patted a thigh , he has not really seen the case that has given for nothing, moreover is so typical, if this on instruction case, oneself on all that one could wish! 霍鹏飞拍了一下大腿,真的,他还没见过这么白给的案子,而且还这么典型,这要是上了指导案例,那自己就烧高香了！ Although also misses such hundred million points with side Dazhuang, but the good and evil had the progress. 虽然和方大状还差那么亿点点,但好歹是有了进步嘛。 Also yesterday did not turn the half-day employment promotion law and right infringement responsibility in vain arranges, attentive of such preparation, such diligently, this, if could not have won, after his Huo Pengfei, withdraws from the law circle! 也不枉自己昨天还翻了半天的就业促进法和侵权责任编,准备的这么用心,这么努力,这要是还赢不了,他霍鹏飞以后就退出法律界！ Without saying, this prepares the internet to file the charge! 没说的,这就准备上网来提起诉讼！ The result is preparing to start, office knocked knocking, immediately Liu Shiwen walked. 结果正准备开始呢,办公室的敲了敲,随即刘诗雯走了进来。 „Liu? Do you ask me to have the matter?” “刘总？你找我有事吗？” Liu Shiwen looked on Huo Pengfei table the full dossier, hesitant, but opens the mouth saying: „old Huo, you now is the law, but what these prosecutions is not the employee in our company, therefore you cannot become the opposite party agent, the boss does not know, you don't know?” 刘诗雯看了看霍鹏飞桌上满满的卷宗,犹豫了一下但还是开口道:“老霍啊,伱现在是法务,而那些个起诉的并不是咱们公司的员工,所以你是不能成为对方代理人的,老板不知道,你也不知道吗？” Huo Pengfei was shocked, probably also is really this, oneself this period of time the staff to company has been bringing a lawsuit, probably returned to make the lawsuit initially that meeting. 霍鹏飞愣住了,好像还真的是这样,自己这段时间一直在给公司的员工打官司,好像回到了当初做诉讼的那会。 Therefore almost forgot is in itself a law! 所以都差点忘了自己还是一个法务呢！ Looked the note that full table the dossier and wrote, Huo Pengfei felt suddenly oneself were a little despondent. 看了看满桌的卷宗和写下的笔记,霍鹏飞突然感觉自己有点抑郁了。 He has to think that asked one, why Liu you did not say early, but this saying cannot ask. 他有心想问一句,刘总您为什么不早说,但这话问不出来。 Oneself are an attorney, moreover is attorney who makes the lawsuit, if asked that others this, that is disgraceful. 自己就是律师,而且是做诉讼的律师,如果问别人这个,那才是丢人现眼呢。 Liu Shiwen looked, said again: „Attorney Huo, this...... are you all right?” 刘诗雯又看了看,再次说道:“霍律师,这个……你没事吧？” „It is not important, not important......” “啊不打紧,不打紧……” Heart in drop blood, my instruction case!!! 心在滴血,我的指导案例啊！！！ Quite a while, Huo Pengfei finally slow, looks that front Liu Shiwen said: „Liu, can I know, who will be responsible for this case, is Teacher side?” 半天,霍鹏飞终于缓了过来,看着面前的刘诗雯道:“刘总,那我能不能知道,谁会负责这个案子呢,是方老师吗？” If side Dazhuang that good, making the opposite party have a look at own note, if can let the Huo Pengfei happy many days to a good appraisal that. 如果是方大状的话那还好,让对方看看自己的笔记,如果能给一个好的评价那就可以让霍鹏飞开心好多天了。 „Actually the opposite party you also knew, is Teacher side...... the student, that attorney named Zhou Xinran, as for Teacher side, he said the instruction case that he made recently a little were also many, gives the young people an opportunity is quite good.” “其实对方你也认识,是方老师……的学生,那个叫周欣然的律师,至于方老师,他说他最近做的指导案例也有点多了,还是多给年轻人一点机会比较好。” Huo Pengfei: „......” Destruction, was bothersome. 霍鹏飞:“……”毁灭吧,烦了。 This is what kind of Versailles, if not the can be victorious opposite party...... 这是何等的凡尔赛,如果不是打不过对方…… ............ ………… In the law firm, the week arrives at the offices joyfully, knocks on a door. 律所内,周欣然走到办公室们,敲了敲门。 „Comes in!” “进来吧！” Pushes the door to go, Zhou resolute and side Dazhuang sit in inside one sit outside. 推门进去,周毅和方大状一个坐在里面一个坐在外面。 „Came joyfully, sat.” side Dazhuang greeted. “来了啊欣然,过来坐。”方大状招呼道。 Waits for the week to sit down joyfully, this said: „Before we not in the previous place has chatted the theory of employment equal right, the result has not thought, Zhou resolute went back to make the attempt, now here has several cases about employment equal right, prepared to give you.” 等周欣然坐下,这才说道:“之前我们不是在老地方聊过就业平等权的理论嘛,结果没想到,周毅回去就做了尝试,现在这里有几个关于就业平等权的案子,准备交给你。” The week makeup allows on the fine face not to have the expression joyfully, but nods saying: „Teacher side, you takes a case not to need to shout that I...... wait/etc, what you said that does this case prepare to give me?” 周欣然妆容精致的脸上没有表情,只是点点头道:“方老师,您自己接一个案子没必要喊我……等等,您说什么,这个案子准备交给我？” At this moment, the week starts carefully to observe side Dazhuang and Zhou resolute joyfully, that instantaneous, she thinks that these two were replaced. 这一刻,周欣然开始仔细地观察方大状和周毅,有那么瞬间,她都以为这俩被替换了。 How possibly, these two and „staddle dog can win” well and so on words hangs „week rookies” on the mouth, even side Dazhuang, he still said oneself can finish an apprenticeship. 怎么可能呢,这俩可是把“周菜鸟”和“牵条狗都能赢”之类的话挂在嘴上的好嘛,就算是方大状,他也只是说自己可以出师了。 However wants to attain the case from his there, that is not possible. 但是想从他那里拿到案子,那是根本不可能的。 This what's the matter, these two revolutions of nature? 这怎么回事,这俩转性了？ Sized up being able to bear, the Zhou resolute opens the mouth said: „Huo Pengfei, actually these cases must give us joyfully the company, result behind discovered that he does not have the means to be this agent, therefore looked for you.” 被打量的受不了,周毅开口道:“咳咳欣然啊,其实吧这些案子本来是要交给我们公司的霍鹏飞的,结果后面发现他没办法当这个代理人,因此就来找你了。” „But you did not think that my level isn't good?” “可你不是觉得我水平不行吗？” Zhou Yiwen said hehe says with a smile: „Joyfully, these cases actually and level are not related, that puts the strip even...... in brief in other words, is very simple, because Huo Pengfei has almost prepared, in the court on the difference spoke.” 周毅闻言呵呵笑道:“欣然,这些案子其实和水平没关系的,那就算是放条……总之就是说,很简单的,因为霍鹏飞几乎都已经准备好了,就差上法庭说话了。” Fog grass! The week exploded joyfully instantaneously! 雾草！周欣然瞬间炸了！ What do you mean, others have prepared the matter, then do you look for me? 什么意思,别人都已经把事都准备好了,然后你来找我？ Starts to exclaim at the scene: „Zhou resolute, your anything meaning, you are insult me, what's wrong, thought that my level is not good, can only hit these others to prepare well......” 当场就开始吼道:“周毅,你这什么意思啊,你这是侮辱我呢吧,咋了,觉得我水平不行,只能打这些别人准备好的……” Then in this time, nearby side Dazhuang opened the mouth: „, In this case, may have another guide case that joyfully becomes this year the Supreme Court.” 便在此时,旁边的方大状开口了:“欣然啊,这案子里,有可能会有一个成为今年最高法的又一个指导案例。” The week incarnation miss who instantaneously, just also flew into a rage, smiles to say joyfully all of a sudden joyfully: „Real Teacher side? Zhou resolute, how your makes me thank hello/you good, later this insult, can actually many, I really do not care about these......” 瞬间,刚刚还暴跳如雷的周欣然一下子化身欣然姑娘,满脸笑容道:“真的吗方老师？周毅,你这让我怎么谢你好呢,以后这种侮辱,其实可以多点的,我真的不在意这些……” Zhou resolute: „......” 周毅:“……” Woman. 呵,女人。 If this is a pure ordinary case, that week does not catch cold joyfully surely, this clearly looks down upon her, she is not Zhang Wei's such attorney. 如果这是单纯的一个普通案例,那周欣然必定是不感冒的,这分明是瞧不起她啊,她又不是张伟那样的律师。 But currently, has in the possibility the Supreme Court to instruct the case the case, moreover was meticulously prepared by a quite skillful attorney, the fool will reject! 可现在嘛,一个有可能上最高法指导案例的案子,而且还是被一个水平不错的律师精心准备的,傻子才会拒绝好嘛！ „Dossier, here, I first went back to study, did not need you to say old Zhou, I understood, the quickest time filed the charge, the Hangzhou Internet court, understood!” “卷宗呢,这里啊,那我先回去研究了,不用你说老周,我懂得,最快时间提起诉讼,杭市的互联网法院嘛,懂！” Then, the week then that pile on the table had in more than ten jin (0.5 kg) dossier newspapers to go back joyfully fully in high spirits. 说完,周欣然便把桌上那一堆足有十多斤的卷宗报上兴冲冲地回去了。 „Wait joyfully, you picked up with the case my note!” side Dazhuang shouts in behind. “等等欣然,你把我的笔记和案例都抱走了！”方大状在后面喊道。 However, week leg long high, had walked late joyfully quickly, did not seem like held more than ten jin (0.5 kg) appearances quite the same as. 然而已经晚了,周欣然腿长个高,走起来很快,浑然不像是抱了十多斤的样子。 Only leaves behind Zhou resolute and side Dazhuang look at each other in blank dismay. 只留下周毅和方大状面面相觑。 Long time, side Dazhuang said suddenly: „I suddenly felt, is very joyfully suitable you.” 良久,方大状突然说道:“我突然觉得,欣然真的很适合你。” Zhou resolute: „???” 周毅:“？？？” Then walks the procedure/program, filed the charge to the Hangzhou Internet court. 接下来就是走程序了,向杭市的互联网法院提起了诉讼。 Staff Bairong who Hangzhou, the location in Internet court, is responsible for putting a case on file and beginning investigations before the computer looks one by one, the present examination work is partial in the procedure/program, is actually not complex. 杭市,互联网法院的所在地,负责立案审查的工作人员白蓉正在电脑前挨个看着,现在的审查工作偏向于程序,其实并不复杂。 Moreover under compares to be corrugated the court, at various putting on record hall speech discussions, the advantage in its solid line is very big. 而且相比起线下法院,在立案厅各种说话讨论,其实线上的优势真的很大。 The result looks, Bairong then stops suddenly, because she discovered a series of many lawsuits. 结果看着看着,白蓉便突然停住,因为她发现了一连串的多起诉讼。 These lawsuits are quite special, because aims at unexpectedly is the equal job opportunity power! 这些诉讼都比较特殊,因为针对的居然是平等就业权！ This was one said many years, right that but still did not attach great importance to by everyone probably. 这是一个说了很多年,但好像仍然不被大家重视的权利。 Does not seem like the labor law, after undergoing so many years development, at least now many people have known, when meets non- proper treatment, there is an arbitration and sues such road to walk. 不像是劳动法,经过了这么多年的发展后,最起码现在很多人已经知道了,在遇到不合理对待的时候,还是有仲裁和起诉这样的路走呢。 In comparison, employment promotion law that the same time promulgates, even many people listen not to listen, will feel that we also do have such law unexpectedly? 相比之下,同时间出台的就业促进法,甚至很多人听都没听过,会感觉我们居然还有这样的法律？ Bairong also gawked a while, she has not thought that at once the employment promotion law, hurries to ask nearby colleague recorded. 白蓉也是愣了一会儿,她也一时之间没想到就业促进法,赶紧问了问旁边的同事才记了起来。 This also really rare, before the work starts, raised employment equal right suing of right infringement because of the employment discrimination, too rare good! 这还真的少见呢,在劳动开始之前,因为就业歧视而提起就业平等权的侵权之诉,真的太少见了好嘛！ Has a look at the defendant, Bairong to feel again suddenly some names look familiar, before this is not, in online had been scolded company, therefore this was finally a defendant? 再看看被告,白蓉突然感觉其中有的名字眼熟,这不是之前在网上被骂过的公司嘛,所以这是终于被告了？ Although she is the staff who are responsible for examining, but the person have the curiosity, at this moment, Bairong wants to know this lawsuit, if exposed to be what result. 她虽然是负责审查的工作人员,但是人都有好奇心,这一刻,白蓉都想知道这官司如果曝光出来会是什么结果了。 The examination naturally does not have the issue, material of Huo Pengfei personally preparation, if puts on record unable to achieve, he does not mix as early as possible, goes back to raise pigs. 审查自然没问题,霍鹏飞亲自准备的材料,如果立案都做不到,那他趁早别混了,回去养猪吧。 Jingzhou, raised the lawsuit later week also to discover joyfully, these cases were really the staddle dog come up to hit, because that Attorney Huo Pengfei Huo for fear that forgot probably, had anything to write in the note. 京州,提起诉讼之后的周欣然也是发现,这些案子真的是牵条狗上去都能打的,因为那位霍鹏飞霍律师好像生怕自己忘了似的,有什么都写在笔记上。 Then, the week felt joyfully, oneself does not need to think from the start...... 然后,周欣然就感觉,自己压根不需要动脑子…… Originally this matter is impossible to happen, but now the situation is too special. 本来这种事根本不可能发生,但现在情况太特殊了。 Zhou resolute also can only comfort Huo Pengfei, said in the later company to have the good case to give priority to him, as for the hidden dragon phoenix young, that made these ordinary cases for honestly good. 周毅也只能安慰霍鹏飞,说以后公司里有了好案子优先考虑他,至于卧龙凤雏,那就老老实实做那些普通案子为好。 This society always some people must stand in pyramid are sharp, always some people must make the cornerstone. 这个社会总有人是要站在金字塔尖的,也总有人是要做基石的。 The time is passing by quietly, Hannan province, a happy morning. 时间在悄然过去,汉南省,一个美好的早上。 Comes to the company happily, Ren Tong had the yawn to sit near the desk. 喜来公司内,任彤打着哈欠坐在了办公桌边。 Too tired, yesterday she argued in the online and many people, because she felt, economical downward today, we really must forgive the company. 太累了,昨天她又在网上和很多人发生了争执,因为她觉得,在经济下行的今天,我们真的要体谅一下公司。 After all if the company did not go on living, that skin does not save hair Jiang to attach. 毕竟如果公司也活不下去了,那皮之不存毛将焉附呢。 However this saying was given the resentment, said that she is a scab. 然而这话被人给怼了,说她是工贼。 Lets Tong naturally to refuse to accept, she thought that now many people is a little enchanted, probably the company is eats the person, does not think, without these companies, who comes to provide the post to them, who provides the wages. 任彤自然不服了,她就觉得现在很多人有点疯魔了,好像公司都是吃人的一样,也不想想,如果没有这些公司,谁来给他们提供岗位呢,谁来提供工资呢。 The result is busy at work, suddenly, the gate of office was shoved open, the boss in company walked, vice-president who side follows in charge of the human affairs. 结果正忙活着呢,突然,办公室的门被推开了,公司的老板走了进来,旁边跟着分管人事的副总。 The boss in this company, is the legal representative in company. 这家公司的老板,也是公司的法人代表。 „king does, you ask me to have the matter?” “王总,您找我有事吗？” Happily king who comes to the company said: „Has the matter? How you handle matters, who makes you use east the man (Han) the reason of person to reject these job seekers?” 喜来公司的王总说道:“有事吗？你是怎么办事的,谁让你用汉东人的原因拒绝那些求职者的？” What? Ren Tong were shocked, her a little strange say/way: „This is not you make me not want east the man (Han) the person?” 什么？任彤愣住了,她有点奇怪道:“这不是您让我不要汉东人的吗？” „Do you write directly the reason? How don't I make clear you to think?” “那你就直接就把理由写出来？我搞不清楚你是怎么想的？” First, thank the moonlit night quiet spring, another new big brother, big brother writing idiot, the fat cat story big brother, hitting of responsibility brothers enjoyed, thanks. 第一更,感谢月夜幽泉,又一个新手大哥,文痴大哥,肥猫物语大哥,干系兄弟们的打赏,谢谢。 ( This chapter ends) (本章完)