Chapter 394 does one wave simply in a big way! 第394章索性搞一波大的！ „little Tong Tong”: What kind of, saw, saw that this thing called anything, follows I to read together, the petition of appeal, this thing called the petition of appeal. “小彤彤”:怎么样,看到了没,看到这个东西叫什么吗,来跟着我一起读,起诉状,这东西叫起诉状。 You said that I am the keyboard hero, does not dare to be earnest, now? 你说我是键盘侠,不敢较真,现在呢？ If Zhou resolute reports this news with own large size, that was needless saying that proper had to plant with the public opinion intervenes the feeling of judicial decision. 如果周毅用自己的大号来发这个消息,那不用说,妥妥的是有种用舆论干预司法判决的感觉。 But now what Zhou resolute uses is the trumpet, trumpet that no one knows radically, therefore does not have what problem. 但周毅现在用的是小号,根本没人认识的小号,所以也就不存在什么问题。 Can expose regarding later, that indifferent, is to make this „little Tong Tong” see in any case. 至于说以后会不会暴露,那无所谓,反正就是要让这个“小彤彤”看到。 In the family/home, Ren Tong just published that article, is confronting with many people, because must click to look at the commentary, therefore discovered this unusual reply. 家里,任彤刚刚发了那篇文章,正在和很多人对峙呢,因为要点击看评论,所以一眼就发现了这一条与众不同的回复。 What is this? 这是什么？ Ren Tongdian looked, immediately was shocked. 任彤点开一看,顿时就惊呆了。 Did this person issue the petition of appeal unexpectedly? 这个人居然发出了起诉状？ Therefore the company was sued by this person? 所以公司是被这个人起诉的吗？ Ren Tong sits on the sofa dumb as a wooden chicken, at this moment, she realized that what treads the pleasant surprise of horse. 任彤坐在沙发上呆若木鸡,这一刻,她体会到了什么叫踏马的惊喜。 It can be said that hi such matter she did too many in online and population were too many, anything „you had the skill to sue not to have the skill shut up” and so on words not to know that had said many times, has not come across the mistake. 可以说,在网上和人口嗨这样的事她做了太多太多,什么“你有本事就去起诉没本事就闭嘴”之类的话不知道说过多少次,从来没遇到过事。 Finally today meets. 结果今天就遇到了。 This pleasant surprise was too big, to her feels unreadable, on online spoke a few words, you also respond specially, sues, this treads the horse is sick purely! 这惊喜真的太大了,大到她都觉得难以理解,就网上说一句话,你还专门来应聘,来起诉,这踏马纯粹是有病吧！ Finally, the cell phone fell the ground to make the sound, will be Tong to awaken. 终于,手机滑落掉到了地上发出了声响,将任彤惊醒过来。 „My cell phone......” “我的手机……” Commented in the area to present some replies, was Ren Tong has had the quarrel, after seeing this commentary, that really came one can ice the carbonated drink same comfort like the big hot days! 评论区里已经出现了一些回复,都是和任彤发生过争吵的,见到这个评论之后,那真的是如同大热天来了一罐冰镇碳酸饮料一样的舒爽！ Was really tired of thoroughly by this person, often why lets the person, but everyone must live, who not possible because of struggling a few words, but really goes earnestly. 真的是被这个人烦透了,动不动就让人去干嘛干嘛,可是大家都要生活,谁都不可能因为争一句话而真的去较真。 Finally now, the big brother acted. 结果现在,大哥出手了。 „Was too flamboyant, I am willing saying that this brothers are the big brothers, such person should govern her!” “太牛逼了,我愿意称这位兄弟为大哥,这样的人就应该治治她！” „Person? How not to speak, you said that made others go, others really went, how you do not speak.” “人呢？怎么不说话了啊,伱说让人家去告,人家真的去告了,你咋不说话了啊。” „Does not know after that company sees this news, how to think.” “也不知道那家公司看到这消息后会怎么想。” In everyone is expressing own idea very much fully, Ren Tong landed the account number on the computer finally. 就在大家很是酣畅淋漓地表达着自己的想法之时,任彤终于在电脑上登陆了账号。 „Sued? This? How I said that before, that online so-called employment discrimination were like this many, don't you go earnestly? Considers comes company one happily?” “起诉了是吧？就这？我之前怎么说的,那网上这样的所谓就业歧视多了去,你咋不都去较真呢？就告喜来公司一个是吧？” The obstinate argumentative person, you cremated him even, his mouth does not have the means to burn down. 嘴硬的人,就算是你把他火化了,他的嘴都没办法烧掉。 After saying, sees the opposite party not to reply, Ren Tong were enthusiastic. 说完后,见对方没回复,任彤更加来劲了。 „You spoke, you spoke actually, no skill did not want chaotic bb not to know!” “你说话啊,你倒是说话啊,没本事就不要乱bb知道不！” In the bright peak community, Zhou resolute looks at front reply, smiled. 光明峰小区内,周毅看着面前的回复,笑了。 He did not have to say anything again, but replied 11 screenshots these silently, struggling the length was useless for a while. 他没再说什么,只是默默地将这些回复一一截图,争一时长短没用。 Opposite party by own resentment no longer spoke, lets Tong start to cheer up. 对方被自己怼的不再说话了,任彤开始高兴起来。 Since the opposite party is not willing to mediate, that brings a lawsuit, Ren Tong felt, no matter what, opposite party's demand will not certainly be supported, spoke a few words, wants so much money, thinks anything! 既然对方死活不愿意调解,那就打官司吧,任彤觉得,不管怎么样,对方的诉求肯定是不会得到支持的,就说了一句话,要那么多钱,想啥呢！ Does not have any is a focus of public attention, does not have any current capacity in addition holds, in a low key, Hangzhou Internet Court held a court hearing of due south of permits to sue comes the company equal job opportunity power to infringe upon the right happily a case! 没有什么万众瞩目,更没有什么流量加持,就这么在一片低调中,杭市互联网法院开庭审理了许正南诉喜来公司平等就业权侵权一案！ Zhou Xinran sits in front of the computer is replying carefully and painstakingly, the advantage of Internet court also has this, except for the evidence that needs under the line confirm, for example beside certain originals, other all can on online conduct. 周欣然坐在电脑前一板一眼地回复着,互联网法院的好处还有这个,除了一些必须要线下验证的证据,比如某些原件之外,其余的一切都可以在线上进行。 Naturally, the Internet court can also decide that under the line tries. 当然,互联网法院也可以决定线下审理。 Was different from the past, reads one pile of notes on notebook, the week realized Zhou resolute and side Dazhuang those words joyfully profoundly: The staddle dog can win...... 和以往不同,看着笔记本上的一堆笔记,周欣然深刻地体会到了周毅和方大状的那句话:牵条狗都能赢…… This also is really this, looked that these notes can look, the level of that Attorney Huo wanted compared with before probably high, he judged accurate extremely regarding discuss chose/point of opposite party agent! 这还真的是这样,看这些笔记就能看出来,那位霍律师的水平好像比以前更要高了,他对于对方代理人的辩点判断极其的精准！ For example the opposite party will say that this is the personal behavior of staff, is the staff hand harms, is not the result carefully. 比如对方会说这是员工的个人行为,是员工手误,不小心所致。 This point actually many people can guess correctly, temporary worker, old tradition. 这一点其实很多人都能猜到,临时工嘛,老传统了。 However, the specific case concretely analyzes, cannot say that all duty behaviors are certainly representing the company, cannot say that is not representing the company. 但是,具体案例具体分析,不能说所有的职务行为就一定都代表着公司,也不能说都不代表着公司。 Makes concrete to this case , the evidence is, when the personnel manager of opposite party examined the resume, when does not reply appropriately, inappropriate reason, man (Han) eastern person. 具体到本案例中,证据就是,对方的人事经理在什么时间查看了简历,什么时间回复不合适,不合适理由,汉东人。 This is the electronic evidence, needs to register to unite the wisdom recruitment the backstage to confirm. 这是电子证据,需要登录联智招聘的后台进行验证。 Here wants to reiterate, many people are not quite clear, how the electronic evidence makes the court pick the letter/believes. 这里就要着重说一下,很多人不太清楚,电子证据如何让法院采信呢。 You go to the online search, the case that online comes out were too many, various attorneys give you view, moreover sometimes they said is mutually contradictory, you will compel very much ignorant, who said right. 你去网上搜索,网上出来的案子太多了,各种律师给你说法,而且有时候他们说的都是互相矛盾的,你就会很懵逼,到底谁说的对呢。 The answer is, do not look at these gaudy things, only looks at the law, as well as corresponding judicial interpretation, then by the classical case of case interpretation. 答案是,不要去看那些花里胡哨的东西,只看法条,以及相应的司法解释,然后以案释法的经典案例。 «Supreme People's Court's Certain Stipulation 15 th articles about Civil action Evidence» clearly stipulated, the litigant takes the evidence by the audio-visual material, must provide to save this/should audio-visual material the primitive carrier. 《最高人民法院关于民事诉讼证据的若干规定》第十五条明确规定,当事人以视听资料作为证据的,应当提供存储该视听资料的原始载体。 Simplest, WeChat chatted whether to take the evidence, the answer affirmed certainly. 最简单的,微信聊天是不是能作为证据,答案当然是肯定的。 You need to do is provides the original, chat screenshot anything basically is recognized, needs from your cell phone to land directly, chat record original that can see. 你需要做的就是提供原件,聊天截图什么的基本上是不会被认定的,需要从你手机里直接登陆进去,能看到的聊天记录原件。 Here recommends a simplest method, needs to spend, that takes to chat to record the notarization. 这里推荐一个最简单的方法,需要花钱的,那就是拿着聊天记录去公证。 The staff of notary public will tell you, can this thing make the notarization, how if cannot you need to do, but completes the notarization, you can bring to work as the evidence. 公证处的工作人员会告诉你,这个东西能不能做公证,如果不能你需要怎么做,而做完公证,你就可以拿来当证据了。 If the opposite party said that this is your own two WeChat arranges, that makes him produce the evidence, the questioning witnesses wants the evidence. 如果对方说这是你自己两个微信号编的,那让他拿出证据,质证是要证据的。 Huo Pengfei will certainly not economize to Zhou, spending 1000 to conduct the notarization, proved the electronic evidence that submits real. 霍鹏飞当然不会给周总省钱,花了一千块进行了公证,证明提交的这个电子证据是真的。 Therefore is presenting evidence to question witnesses the link, this evidence has no objection, then is the forensic argument stage. 所以在举证质证环节,这个证据没什么异议,然后便是法庭辩论阶段。 The focus that both sides disputed had two, first, had the employment discrimination, second, employment discrimination whether caused the adverse consequences, came to the company happily whether had the subjective mistake! 双方争议的焦点有两个,第一,是否存在就业歧视,第二,就业歧视是否导致不良后果,喜来公司是否存在主观过错！ How the previous week was needless to say joyfully, the local factor belonged „first bestows on factor”, was the worker is unable to change, but „employment promotion law” the third article clearly stipulated when the national, race, sex and religious belief four types legal forbade to differentiate the matter used „” character ending , indicating that this/should provision was the open provision that did not enumerate completely. 前一个周欣然都不用怎么说,地域因素属于“先赋因素”,是劳动者无法改变的,而“就业促进法”第三条明确规定民族、种族、性别、宗教信仰四种法定禁止区分事由时使用“等”字结尾,表明该条款是一个不完全列举的开放性条款。 This is why our many laws finally will also be saying that „”, is impossible to enumerate, part is over time, needs the judicial interpretation to supplement, is the discretionary power of judge. 这也是为什么我们很多的法条都在最后会说“等”,不可能都列举出来,这一部分就是随着时间推移,需要司法解释来补充,然后就是法官的自由裁量权。 Said with a few words how is the adverse consequences? 用一句话说,怎么才算是不良后果呢？ Now the online many people jump to say including many attorneys, despondent can have the compensation for damage, this takes a quick look around does not know right. 现在网上很多人包括很多律师都跳出来说,只有抑郁了才能产生精神损害赔偿,这一眼看去就知道不对。 On this case, Huo Pengfei believes, the opposite party does that eliminated due south of permits to take the opportunity of worker equal participation employment directly, created the violation to its human dignity and freedom of will. 就本案中,霍鹏飞认为,对方这么做,直接剥夺了许正南作为劳动者平等参与就业的机会,对其人格尊严和意志自由造成侵害。 Therefore, due south of permits is seeking employment the harm and comes the abuse of authority of company to have the causal relation happily. 所以,许正南在求职中遇到的损害与喜来公司的侵权行为存在着因果关系。 Too simple, was too simple, before week joyfully, has not hit such simply the case. 太简单了,真的太简单了,周欣然以前还从来没打过这么简单地案子。 These words that the opposite party spoke, were basically guessed by Huo Pengfei. 对方说的那些话,基本上都被霍鹏飞猜中了。 For example came legal arguing of company to say happily, both sides have not met in the reality, this matter has not disseminated, therefore did not have anything to harm. 比如喜来公司的法务辩称说,双方都没有在现实中见过面,这件事也没有传播过,所以根本不存在什么损害。 Then directly by week joyfully resentment. 然后直接被周欣然怼了回去。 This does not need to meet, because „east person under the pretext of man (Han)” event of rejection, because caused the harm, regarding the psychological harm of person. 这都不需要见面,因为以“汉东人”为借口拒绝的事件本身,就因为造成了损害,对于人的心理上的损害。 Canned be discussed in the compensation issue. 只是呢,在赔偿问题上就有待商榷了。 Cannot say that your human dignity was harmed to compensate many compensations for damage. 不能说你的人格尊严受到了损害就必须要赔很多的精神损害赔偿。 The court must pass through regarding the computation of this compensation quantity considers all the factors. 法院对于这个赔偿数量的计算是要经过综合考虑的。 Therefore after the adjournment, Hangzhou Internet Court rules publicly, condemns to come to the company to compensate permits due south 10,000 Yuan happily, and public apology in state-level media Legal Daily. 于是在休庭之后,杭市互联网法院公开判决,判处喜来公司赔偿许正南一万元,并在国家级媒体法制日报上公开道歉。 Rejects due south of permits other lawsuit requests. 驳回许正南的其他诉讼请求。 In 10,000 Yuan, 1000 Yuan are the certification fees, in other words, what true compensation is 9000 Yuan. 一万元里面,一千元是公证费,也就是说,真正赔偿的是九千元。 But saw that this result Later Zhou Dynasty smiled joyfully, because she knows, the idea that Huo Pengfei most starts is, can have 5000 Yuan compensation is very good. 但看到这个结果后周欣然就笑了,因为她知道,霍鹏飞最开始的想法是,能有五千元赔偿就很不错了。 Ok, a case handles! 好了,一个案子搞定！ Relaxed is like the going out picnic. 轻松的就和出去郊游一样。 But at this point, comes to the company happily, has looked king who entire hearing pounded the cell phone directly. 而在此时,喜来公司内,一直看完整个庭审的王总直接把手机砸了。 Is the feeling is really aggrieved, for no reason must compensate others 10,000! 真的是感觉憋屈,平白无故的就得赔别人一万块！ Moreover must the public apology on the state-level media, this treads the horse simply! 而且还得在国家级媒体上公开道歉,这踏马的简直了！ Ren Tonggeng is unable to understand, but, in the face of the ruling, you are unable to understand that even must accept. 任彤更是无法理解,但是,在判决面前,就算你无法理解也必须接受。 If not understand usefully, that enforces does do. 如果不理解就有用,那强制执行是干什么的。 But appeals to provide the recent evidence, if this does not have the new evidence, the second trial also walks a procedure/program. 可是上诉总得提出新的证据,这要是没有新证据,二审也就是走个程序而已。 Quick Ren Tong had the idea! 很快任彤有了主意！ „king, you looked, this court sentences us to lose because of our region discrimination, if we some evidence said, our company actually has east the man (Han) the person, that can't sentence?” “王总,您看,这法院是因为我们地域歧视而判我们输的,那我们如果有证据说,我们公司其实是有汉东人的,那是不是就不能这么判了？” king listened to come the interest immediately, right, if this our company had east the man (Han) the person, you definitely cannot say that we carried out the region discrimination. 王总一听顿时来了兴趣,对啊,这要是我们公司有汉东人,你肯定不能说我们搞地域歧视了吧。 But the company truly does not have east the man (Han) the person, what to do. 但公司确实没有汉东人,怎么办。 „This easy to do king, you give me, asked east a man (Han) the person to hire, signed the labor contract, paid and submitted the social security, this was the law permits, when the time comes can bring to work as the evidence.” “这个好办王总,您交给我,找个汉东人录用了,补签劳动合同,补缴社保,这都是法律允许的,到时候就可以拿来当证据了。” But this loss was a little big...... king to comply. 可这损失有点大啊……不过王总还是答应了下来。 The time passes by day-by-day, the week recent life is very joyfully substantial. 时间一天一天过去,周欣然最近的生活很充实。 These sued company is the appearance that cannot believe that thinks should not the defendant, but comes the example of company to tell them happily, the personnel of enterprise has, that also has the limit. 那些被起诉的公司都是一副不敢相信的模样,认为不应该被告,但是喜来公司的例子告诉他们,企业的用人自有,那也是有限制的。 But today, the week received the notice joyfully, came to the company to make the appeal happily, submitted the recent evidence. 而在今天,周欣然收到了通知,喜来公司提起了上诉,提交了新的证据。 Finally when she looks at that evidence, smiled. 结果当她一看那证据,又笑了。 Has east the man (Han) the person to show that with the company in the company does not have the employment discrimination in the recruitment, such idea does not know that is which wants to come out greatly intelligently. 用公司里有汉东人来证明公司在招聘中不存在就业歧视,这样的想法不知道是哪位大聪明想出来的。 Why will say that the specific case concretely analyzes, your matter can only prove before you, has not discriminated, does not have the nickel relations with this case. 为什么会说具体案例具体分析,你这事只能证明你之前没有歧视,和这个案件没有半毛钱的关系。 Happily unsurprisingly, the second trial comes to the company to lose is thorougher. 不出意外,二审喜来公司输的更加彻底。 Ren Tong were silent, how although she felt again this should not be useless, because the lawsuit lost lost. 任彤沉默了,尽管她再怎么感觉这不应该都没用,因为官司输了就是输了。 But at this point, Zhou of Jingzhou has completed the first volume of documentary film. 而在此时,京州的周某人已经把记录片的第一集做好了。 Really does not pat does not know, a racket has a scare, before also thought that can pat nine volumes, finally now discovers, a civil right patted one volume enough. 真的是不拍不知道,一拍吓一跳,以前还觉得可以拍九集,结果现在发现,一个民事权利拍一集就够了。 That does not have the means that first sends one volume, the remaining eight volumes, after waiting, said, his Zhou digs a pit in any case much. 那没办法,就先发一集吧,剩下的八集,等以后再说,反正他周某人挖坑不少。 Therefore on the same day, one hour of documentary film was sent fully online. 于是在当天,足有一个小时的纪录片被发到了网上。 The name of entire documentary film was called: Workers. 整部纪录片的名字叫:劳动者。 But the first volume is: Equal job opportunity power. 而第一集的名字则是:平等就业权。 Zhou's idea is very good, he must play, must the worker before entering the duty greatly, after into duty, again to leaving job, resigns wait/etc, according to the link, joint labor law and other laws, conducted a system by the case interpretation elaboration. 周某人的想法还是很好的,他要玩的大一点,要把劳动者从入职前,到入职后,再到离职,辞退等等,按照先后环节,结合劳动法等法律,进行一个系统的以案释法阐述。 Including repertoire that this inside many companies play, the polite talk that spoke, frightens the words of person, as well as what method you can adopt to fix the evidence, how to come the rights protection. 包括这里面很多公司玩的套路,说的套话,吓唬人的话,以及你可以通过什么样的方法来固定证据,怎么来维权。 Without the means that his Zhou resolute eats this to owe, the present many workers really need to instruct, particularly fixed evidence link. 没办法,他周毅就吃过这亏,现在的很多劳动者真的需要指导,尤其是固定证据环节。 This idea also had side Dazhuang the support, for this reason he said specially, if there is any need he, he can help. 这一想法也得到了方大状的支持,为此他特意表示,如果有什么需要他的,他都可以帮忙。 The case of labor dispute are many, is impossible really to daunt these employers, how only then each worker learns the rights protection, that can make them dread! 劳动纠纷的案例再多,也不可能真的吓住那些用人单位,只有每个劳动者都学会怎么维权,那才能让他们有所忌惮！ Dubbing Zhou completed certainly personally, is only different these dubbing in video, the documentary film, the most important thing is recorded and explained. 配音当然还是周某人亲自完成了,只是不同于视频中的那些配音,纪录片,最重要的是记录和说明。 Underwent a probably several hours of verification, this documentary film appeared in online, was completely free. 经过了大概几个小时的审核,这个纪录片出现在了网上,完全免费。 Immediately, this documentary film was the same like the heavy case bomb, bombed the entire Internet! 随即,这部纪录片如同重磅炸弹一样,轰炸了整个互联网！ Although only has one volume. 尽管只有一集。 After the documentary film issues, Zhou resolute then issued the trend again: By this piece, responds „little Tong Tong” sincerely, in this world really has some presenting the facts reasonable people. 而在纪录片发布之后,周毅便再次发布了动态:谨以此片,来回应“小彤彤”,这个世界上真的有一些摆事实讲道理的人。 The broad city, the Yuan elder sister had rested, finally is awakened by noise by the sound that the video renewed. 广市,媛姐本来都已经睡了,结果被视频更新的声音吵醒了。 Without the means that Zhou resolute issued video time is 78 points, but reason that because verifies, this video issued truly, already to around 2 : 00 pm. 没办法,周毅发布视频的时候是七八点,可因为审核的原因,这视频真正发布,已经到了晚上 2 点多。 Is rubbing the Yuan elder sister face speechless say/way of awake song sleepy eyes: „This person is now insane, why the time of such netherworld will send the video.” 揉着惺忪睡眼的媛姐一脸无语道:“这个人现在疯了吗,为什么会这么阴间的时间发视频啊。” However her point went to look, the routineness must first come one „to be incapable short, urges”, finally just sent to see, video length one hour 15 minutes...... 不过她还是点进去看了,例行就要先来一句“短小无力,催更”,结果刚刚发完就看到,视频长度一小时15分钟…… Fog grass, pigeon essence really insane! 雾草,鸽子精真的疯了啊！ The major short video platforms are speechless, Big brother, we and you cooperate are make you send these fragmented the short videos, finally do you start entire one hour of documentary film now? 各大短视频平台更是无语,大哥,我们和你合作是让你发那些碎片化的短视频,结果你现在都开始整一个多小时的纪录片了？ This thing should not discusses by the forms and various great platform of copyright transfer? 这玩意难道不应该是以版权转让的形式和各大平台来谈的吗？ This person sends unexpectedly free! 这个人居然免费发！ Chapter 1, thank another new big brother, big brother writing idiot, hitting of fat cat story big brother enjoyed, thanks. A chapter. 第一章,感谢又一个新手大哥,文痴大哥,肥猫物语大哥的打赏,谢谢。还有一章。 ( This chapter ends) (本章完)