Chapter 402 unites to unite 第402章团结一切可以团结的 This is really a charge of unexpected winner, however, some work rights protection quite many people know this charge. 这真的是一个冷门的罪名,但是呢,一些劳动维权比较多的人还是都知道这个罪名的。 However will barely barely be suitable in the legal practice to this charge. 但是在法律实践中很少很少会适用到这个罪名。 Therefore the week has not thought joyfully at once, this little while by side Dazhuang such a reminder, was thought this charge immediately. 所以周欣然一时之间没想到,这会儿被方大状这么一提醒,顿时将这个罪名想了起来。 Her theoretical knowledge is very solid, because possibly does not contact for a long time therefore a little forgets, so long as a reminder, can think. 她的理论知识还是十分扎实的,可能因为许久不接触所以有点遗忘,但只要一提醒,就能想起来。 What is most essential, thinks that the behavior of opposite party, really a little conforms to the standard appearance probably! 最关键的是,想一想对方的行为,好像真的有点符合标准的样子！ side Dazhuang drank coffee, immediately said: „What kind of, thinks that the gym that Zhou resolute meets now what is certain, in its account surely did not have money.” 方大状又喝了一口咖啡,随即说道:“怎么样,想起来了吧,周毅遇到的这个健身房现在可以肯定的是,其账面上肯定没钱了。” „But, according to the Zhou resolute view, some time, this gym has been organizing the activity before, the preferential benefit manages the card, this is a very big cash flow!” “但是呢,按照周毅的说法,之前一段时间内,这家健身房一直在办活动,优惠办卡,这可是一笔很大的现金流！” „This sum of money does not have now . Moreover the opposite party has not paid out the wages to the staff, that may conform to the Supreme Court about refusing very much to pay the judicial interpretation of payment for labor crime.” “这笔钱现在没了,而且对方还没给员工发工资,那很有可能会符合最高法关于拒不支付劳动报酬罪的司法解释。” Zhou resolute is convinced thoroughly, side Dazhuang is side Dazhuang, when everyone thinks the road does not have, he can find one in that criminal law more than 400 charges appropriately, settles. 周毅彻底服气,方大状就是方大状,当大家都以为路已经没了的时候,他就是可以在那刑法四百多个罪名里找到一个合适的,安上去。 Moreover, looks that the logic is very smooth, even possibly the boss possibly not too clear this matter of miracle gym. 而且,看着逻辑都十分通顺,甚至可能奇迹健身房的老板自己都可能不太清楚这件事。 However this does not hinder the establishment of this crime, because these situations, so long as in some judicial interpretations stipulating, that will be referred to as the crime. 但是这并不妨碍这个犯罪的成立,因为只要有司法解释中规定的那些情形,那就会被认定为犯罪。 At this point, Zhou resolute suddenly thinks the words that shopkeeper spoke, rush to ask: „side Dazhuang, if there is staff, because did not pay out the wages to cause to present the serious results, this can aggravate?” 说到这里,周毅突然想起来那位店长说的话,赶忙问道:“那方大状,那如果有员工因为不发工资导致出现了严重后果的,这个会不会加重啊？” Hears this saying, side Dazhuang was surprised immediately, said with a smile: „Zhou resolute you can ask these words, explained you understanding of the criminal law already over some people.” 听到这话,方大状顿时惊讶了起来,笑道:“周毅你能问出这句话,说明你对刑法的理解已经超过一些人了。” The plot, in the criminal law extremely important component, can say, even if not know that this charge, will still know, the serious degree of crime is different, will affect the discretion of punishment. 情节,刑法中极其重要的组成部分,可以说,就算是不知道这个罪名,也应该知道,犯罪情节的严重程度不同,是会影响到量刑的。 „Naturally had, in three situations, will be referred to as the circumstance to be serious, that was not below three years, was three years to seven years!” “当然有了,有三种情况下,会被认定为情节严重,那就不是三年以下了,是三年到七年！” Zhou resolute hurried to say the situation, side Dazhuang smiled. 周毅赶紧将情况说了说,方大状笑了。 „Remembers my words, unites person who all can unite, making the shopkeeper they go to the procedure/program.” “记住我的话,团结一切可以团结的人,让店长他们去走程序吧。” „A few words, said that the boss in miracle gym shifted the money of company, oneself also hid absconds unable to find, causes to fall behind the wages three months also many, now the family life came under the enormous influence.” “一句话,就说奇迹健身房的老板把公司的钱都转移了,自己也隐藏逃匿找不到,导致拖欠工资三个月还多,现在家庭生活受到了巨大影响。” „Even the hospitalized old people did not have money to see a doctor, the evidence you collected......” “甚至正在住院的老人都没钱看病了,证据你们就这么收集……” side Dazhuang works is always watertight. 方大状做事从来都是滴水不漏的。 Quick Zhou then had/left the cafe, starts to contact with that shopkeeper. 很快周某人便出了咖啡馆,开始联系那个店长。 „Shopkeeper yellow, I am today and you have chatted that Zhou resolute, right, now where you are, I have a matter to look for you.” “黄店长是吧,我是今天和伱聊过的那个,周毅,对,你现在在哪呢,我有个事找你。” „Does not ask you to ask for money, you did not fall behind the wages, in your shop the fallen behind person has many, called together, was all right to feel relieved that your money should one point not be short when the time comes.” “不是找你要钱,你不是被拖欠工资了嘛,你们店里被拖欠的人有多少,一起叫上,没事放心吧,到时候你们的钱应该一分都不会少的。” Since refused to pay the payment for labor crime, that definitely was if gave money, will reduce or avoid the criminal punishment. 既然是拒不支付劳动报酬罪,那肯定是如果给了钱,会减轻或者免于刑事处罚的。 The premise does not have the serious results...... 前提是没有严重后果…… The gym boss travels, did not represent the staff of our these customer and opposite party stands in the opposite. 健身房老板跑路,并不代表我们这些顾客和对方的工作人员就站在了对立面。 The teachers had said that we must do many friend. 教员曾经说过的,我们要把朋友搞得多多的。 Zhou resolute believes, the opposite party is knowing can do, may make the opposite party be imprisoned, that will definitely agree! 周毅相信,对方在知道可以这么搞,可能会让对方坐牢,那肯定会同意的！ Hits the worker, the boss absconds to travel, falls behind your wages, if you also go in the squatting worker's chant to hold the sympathy to him, such no one could save you. 打工人,老板卷款跑路,拖欠你的工资,如果你还对他进去蹲号子抱有同情心,那样的话就谁都救不了你。 After all never has what Savior, does not depend on the deity emperor...... 毕竟从来都没有什么救世主,也不靠神仙皇帝…… Meets with side Dazhuang is four points, now is around 6 : 00 pm, shopkeeper Zhou Yihe makes, meets in the gym entrance. 和方大状见面是四点,现在已经是下午 6 点多了,周毅和店长约好,在健身房门口见面。 „Shopkeeper yellow, met, these are......” Zhou resolute looks that behind Huang Xiaokang that several young people asked. “黄店长,又见面了,这几位是……”周毅看着黄晓康后面那几个年轻人问道。 „They are here coach.” Huang Xiaokang introduced. “他们都是这里的教练。”黄晓康介绍道。 Zhou Yichou, some people looks to practice well, some people that passes shortly does not have 22 meat...... 周毅瞅了一眼,有的人看着练得不错,有的人那一眼看过去都没二两肉…… Although said that sports industry, the coach does not need the technical standards to be high, for example will have to teach the swimming coach of swimming champion not to swim such matter...... 虽然说体育运动行业,教练不需要技术水平多高,比如有教出游泳冠军的游泳教练不会游泳这样的事…… However, trainer, if yourself are very disappointing, that always felt that missed that a meaning. 但是吧,健身教练,如果你自己都很差劲,那总感觉差了那么点意思。 But this is unimportant, one yard normalizing code, are others practice good, does not affect to pay out the wages. 但这不重要,一码归一码,别人练得好不好,又不影响发工资。 Introduced simply , the Zhou resolute opens the mouth said: „Shopkeeper yellow, matter is this, you looked, you have fallen behind the wages now, but just, has a charge......” 简单介绍了下,周毅开口道:“黄店长,事情是这样的,你看,你们现在都已经被拖欠工资了,而刚好,有个罪名……” Said the situation that side Dazhuang briefed probably, naturally, the crucial thing cannot say. 将方大状讲的情况大概说了说,当然,关键性的东西不会说。 „Just, shopkeeper yellow your here situation, a little conforms to that circumstance probably seriously......” “刚好,黄店长你这边的情况,好像有点符合那个情节严重的……” „Therefore, you look to listen my, wants the boss this gym delivering!” “所以,你们看要不要听我的,想不想把这个健身房的老板给送进去！” That Zhao Zhipeng looks very hateful, itself is also very hateful, but Zhou resolute believes, he will be definitely impossible to be imprisoned! 那个赵志鹏看起来很可恶,本身也很可恶,但周毅相信,他肯定不可能会想坐牢！ This is obvious, replaces the price of being imprisoned, that and in the taking over a business enterprise the price of credit is two matters...... 这是明摆着的,顶替坐牢的价钱,那和接盘企业上征信的价钱是两码事…… The volume, talked nonsense, where had anything to replace, was false. 额,瞎说呢,哪有什么顶替,都是假的。 In brief, is a normal person will choose, asked that you confessed all, bets a gambling to sentence for several years. 总之,是个正常人都会选择,就问你是把一切都交代了,还是去赌一赌判几年。 Core that travelling boss Lü Yan of issue! 问题的核心还是那个跑路的老板吕岩！ He is the most hateful that person! 他才是最可恨的那个人！ Listened to Zhou resolute the words, originally several coaches because also comes is not a little uncomfortable suddenly, this little while is really refreshing! 听了周毅的话,原本几个教练还因为突然过来有点不舒服呢,这会儿真的是神清气爽！ „Week, Mr. Zhou, can we really deliver that boss? Real?” “周,周先生,我们真的可以把那个老板送进去？真的吗？” „Right Mr. Zhou, so long as really can make him be imprisoned, our wages should not be good!” “对啊周先生,只要真的能让他坐牢,我们工资不要都行！” „Yes, several months of wages, can make that bastard be imprisoned, is stronger than anything!” “就是,几个月的工资而已,能让那个王八蛋去坐牢,比什么都强！” „Although the labor also fell behind bought the class fee/spent, but does not matter to come, treads the horse dry/does!” “虽然劳资还被拖欠了买课费,但无所谓而来,干踏马的！” Zhou resolute felt oneself were accustomed to the boss, underestimated working people regarding deliver the boss craves...... 周毅觉得自己大概是做惯了老板吧,还是低估了打工人们对于把老板送进去的热衷…… Looks at this situation, they did not have the means before, as long as the means that it is estimated that in many working person heart will a little have the idea that the boss delivers...... 看这情况,他们之前是没办法,但凡有点办法,估计很多打工人心中都会冒出把老板送进去的想法吧…… Terrifying in this way! 恐怖如斯！ This probably is the class contradictions in legend. 这大概就是传说中的阶级矛盾吧。 Fortunately, does not allow to hang toward the street light on now, must otherwise...... hiss! 还好,现在不允许往路灯上面挂了,要不然的话……嘶！ Huang Xiaokang opens mouth has not spoken, his situation is different, does not seem like that several one person to eat to the full entire family not hungry young people, he has gotten up an age now. 黄晓康张了张嘴没说话,他情况不一样,不像是那几个一人吃饱全家不饿的年轻人,他现在已经上了点岁数。 Has both one's parents to take care, old is also hospitalized, he really needs money that. 上有老下有小,老的还在住院,他是真的需要钱那个。 He also wants to shout a throat, the father does not want this money, the father wants that damn the boss delivering. 他也很想喊一嗓子,老子不要这个钱了,老子就想把那个狗日的老板给送进去。 Only pitifully, he cannot shout...... 只可惜,他喊不出来…… Why this is now many companies aged the hitting worker to the reason that castigates. 这就是为什么现在很多公司都对上了岁数的打工人十分苛责的原因。 Forgives you not to dare to walk, such under big age looked for the family/home is not easy, could not find the home, because my family reason does not dare the bare refined language, whom does not make you to make. 谅你也不敢走,这么大岁数了找下家不容易,找不到下家,又因我家庭原因不敢裸辞,不弄你弄谁啊。 Zhou resolute looks at Huang Xiaokang saying: „Shopkeeper yellow is all right, your situation as we all know.” 周毅看着黄晓康道:“黄店长没事的,你的情况大家都知道。” Huang Xiaokang has several points to nod embarrassed, although he does not know oneself are why embarrassed. 黄晓康带着几分不好意思点点头,虽然他也不知道自己为什么不好意思。 Probably starting from just that moment, they stood in online, oneself present a little holds back. 好像从刚刚那一刻开始,他们就站在了一条线上,自己现在有点拖后腿。 Zhou resolute has not imitated what good person, said that I come to your money, because of really to that time, this payment for labor is not they want to give up giving up. 周毅并没有充什么好人,说我来给你这个钱,因为真的到了那个时候,这个劳动报酬不是他们想放弃就放弃的。 Very mysterious, when you beg help from all quarters wants to receive that wages from the boss hand, others keep aloof, with you said that my does not have money, where you fall in love to consider where to consider. 很神奇吧,当你求爷爷告奶奶想从老板手里拿到那点工资的时候,人家高高在上,和你说我这没钱,你爱上哪告上哪告去。 However, when you were ready to be able he delivered, he will ask you to make you accept this payment for labor! 但是呢,当你做好了准备能把他送进去的时候,他会求着你让你接受这份劳动报酬！ Moreover does not accept is not good, because legally has the stipulation...... 而且不接受还不行,因为法律上有规定…… „Mr. Zhou, what to do you said that we listen your!” “周先生,你说怎么办吧,我们都听你的！” Zhou resolute nods saying: „That then needed us to start to collect the evidence, shopkeeper yellow, you!” 周毅点点头道:“那接下来就需要我们开始收集证据了,黄店长,你记一下！” „First must show that you have the labor contract to exist with this companies, do you have the contract?” “首先呢是要证明你们和这家公司之间有劳动合同存在,你们有合同吗？” Huang Xiaokang said: „I and have the contract well-off, other they do not have the contract.” 黄晓康说道:“我和小康有合同,其他他们都没有合同。” The trainer is also a fluid very high occupation, theoretically needs to sign the labor contract, pays the social security. 健身教练也是一个流动性很高的职业,理论上来说是都需要给签订劳动合同,缴纳社保的。 But...... this is theoretically. 但……这是理论上。 Zhou resolute said: „Doesn't matter, so long as there are able to show that you have worked here on the line, for example the punch-in record, for example chatted the record, the sales record......” 周毅说道:“没关系,只要有能证明你们在这里工作过就行,比如打卡记录,比如聊天记录,销售记录……” These naturally have, Huang Xiaokang as the shopkeeper, he has the evidence that can prove. 这些自然是有的,黄晓康作为店长,他有很多可以证明的证据。 „Then, is your payment for labor fallen behind evidence , the opposite party shifts the company property the evidence!” “然后呢,就是你们的劳动报酬被拖欠的证据,以及,对方转移公司财产的证据！” side Dazhuang has said that this shift and concealment property, have many categories in the Supreme Court judicial interpretation. 方大状说过,这个转移、隐匿财产,在最高法司法解释里有着很多的类别。 The concealment property, pays off and fictionalizes other debts, the false bankruptcies, the false bankruptcies or at method shifts and punishment properties maliciously. 隐匿财产、恶意清偿、虚构债务、虚假破产、虚假倒闭或者以其他方法转移、处分财产的。 Here must pay attention, does not need the opposite party to have does not pay out the wages intentionally. 这里要注意,不需要对方有没有不发工资的故意。 In other words, so long as the opposite party has had such behavior, and objectively created falling behind of payment for labor, conforms to the relevant provision, that will commit a crime! 也就是说,只要对方有过这样的行为,并且客观上造成了劳动报酬的拖欠,符合相关规定,那就会构成本罪！ Because you use such method to process the company property, objectively without paying out wages, legally will tacitly approve saying that you do not want to pay out the wages to others...... 因为你用这样的方法来处理公司财产,客观上没有发工资,法律上就会默认说,你这个人不想给人家发工资…… This is very reasonable. 这很合理。 To find such evidence, sounds like very specialized, but is actually not difficult. 要想找出这样的证据,听起来好像很专业,但其实没有那么难。 Everyone present either is a shopkeeper, either is a coach, but is actually making the work of sale. 在座的大家要么是店长,要么是教练,但其实都在做着销售的活儿。 The gym except for the special time, please do not sell specially. 健身房除了特殊时候,是不会专门请销售的。 Therefore, before the gym, made how much money, basically can estimate! 所以,健身房之前赚了多少钱,基本上都能估计出来！ But it is estimated that comes out is incorrect, needs the evidence! 但估计出来是不行的,需要证据！ Their here can provide corresponding specific charge, sometimes because many coaches will make the customer forward to him money...... 他们这里可以提供相应的具体收费情况,因为有时候很多教练会让客户把钱转给他…… Do not be strange, many of doing. 不要奇怪,这么干的不少。 But Zhou resolute, can contact with most rights protection customers now, although some people, because the trouble is not willing to participate in the rights protection. 而周毅呢,现在可以联系到大部分的维权顾客,虽然有的人因为麻烦不愿意参加维权。 However, if makes you provide the leasehold property? 但是,如果只是让你提供一下付款记录呢？ If provides the leasehold property, can make the boss go , will greatly possibly take carry back your money very much, are you willing not to do? 如果只是提供一下付款记录,就可以让老板进去,甚至很大可能会把你的钱拿回来,你愿意干不？ The answer is very simple, in 100 individuals has 100 individuals to be willing to do, does not need to trouble, but can also vent spleen, who does not want. 答案很简单,一百个人里面有一百个人都愿意干,不需要自己麻烦,还能解气,谁不愿意呢。 What? Transferred the past account is not the specified account of miracle Co. , Ltd., was the private account? 什么？转过去的账户不是奇迹有限责任公司的专用账户,都是私人账户？ That was simpler, this also needs to check, this does not need to check well, when the time comes tax's first asked you to trouble did not say, your was the obvious concealment shift...... 那就更简单了,这还需要查嘛,这都不需要查了好嘛,到时候税务第一个找你麻烦不说,你这都是明摆着隐匿转移了…… Therefore the big probability will be transferred to the public account of miracle company, the opposite party was an expert, is unlikely to make such mistake. 所以大概率还是会转入奇迹公司的公用账户,对方是老手了,不大可能会犯这样的错误。 Two parts of such unions, that gym a period of time income had the evidence. 两部分这么一结合,那健身房最近一段时间的收入是不是就有了证据。 That disbursement, house rent water and electricity, as well as staff wages. 那支出呢,房租水电,以及员工工资。 The house rent water and electricity can look for the bright peak building property to calculate, the water and electricity can also calculate. 房租水电都可以找光明峰大厦物业来计算,水电也可以算出来。 The staff wages fell behind obvious. 员工工资明摆着是拖欠了。 The income removes the disbursement, is very easy. 收入去掉支出,很容易吧。 However the company in the account does not have money now, you said that which money went, this did not have the complete evidence chain. 但是公司现在账上没钱,那你说钱去了哪,这不就有了完整的证据链嘛。 Again because of falling behind the wages causes the life receives major impact „serious results” evidence to add on Huang Xiaokang family/home, simultaneous/uniform work! 再把黄晓康家因为拖欠工资而导致生活受到重大影响的“严重后果”证据加上,齐活儿！ This could be said as abandoned any complex account directly, the complex financial problem, enumerated fundamentally all situations, conducted display. 这可以说是直接摒弃了什么复杂的账目,复杂的财务问题,从根本上把所有情况都枚举出来,进行了罗列。 Said the evidence of general need, everyone was excited! 将大概需要的证据说完,所有人都激动了起来! Today is not all staff, some such as cleaning aunt such existence has not come. 今天来的不是所有工作人员,还有一些诸如保洁阿姨这样的存在没来呢。 Everyone prepares to relate when the time comes, inevitably damn boss delivering! 大家准备到时候都联系到,势必把狗日的老板给送进去！ Naturally, here collects the evidence, another side, this/should prosecution must sue. 当然,这边收集证据,另一边,该起诉还是得起诉。 The criminal issue turns over to the criminal activity, the civil issue turns over to civil, the payment for labor had the result, the refund also resulted in the procedure/program. 刑事问题归刑事,民事问题归民事,劳动报酬有结果了,退费也得走完程序。 The written judgment in the hand, the opposite party was really grasped because of the transfer property when the time comes, its property completely frozen words, that court can the direct execution arrive. 判决书在手,到时候对方真的因为转移财产被抓,其财产全部被冻结的话,那法院就可以直接执行到位了。 Perfect! 完美！ Before this is side Dazhuang, consultation that gives, moreover sues can also confuse the opposite party. 这就是方大状之前给出的咨询,而且起诉还可以迷惑对方。 Make the opposite party feel, you looked they know the prosecution, is useless. 让对方感觉,你看他们就知道起诉,根本没用。 Goes ahead, everyone acts separately, others are responsible for the respective evidence. 说干就干,大家分头行动,其他人负责各自的证据。 But Zhou resolute is responsible for the big end, he must contact with other customers, attained recently year of their a payment record that gave the miracle gym. 而周毅负责大头,他要和其他顾客联系,从他们那里拿到最近一年给奇迹健身房的支付记录。 This is very troublesome, but, anything fears earnestly! 这很麻烦,但是,什么事都怕认真！ Zhou resolute contacted with the bald big brother quickly, similarly told him the matter, this big brother except for luck almost, other good. 周毅很快联系到了光头大哥,同样将事情告诉了他,这大哥除了运气差点,别的都不错。 Then first counts in the group, does not need to talk clearly with most people, only needs to tell them, oneself are solving the problem diligently. 然后先在群里统计,和大部分人不需要说清楚,只需要告诉他们,自己在努力解决问题。 Then the relevant authority needs to count everyone's concrete record, related to later refunding money, everyone will not think other. 然后相关部门需要统计一下大家的具体记录,涉及到之后的退款,那大家就不会想别的。 Has not wanted to move regarding these, persuaded on the single relation. 至于说那些还不想动弹的,就单个联系进行劝说。 In addition must explain, oneself will also sue besides this aspect, if there is willing to sue, can together. 另外还要说明,自己除了这个方面之外还会起诉,如果有愿意起诉的,可以一起来。 Needs to talk clearly. 都需要说清楚。 All methodical is conducting. 一切都在有条不紊的进行着。 Another side, Zhao Zhipeng goes home, he does not certainly know, short one day , the situation had the huge change. 另一边,赵志鹏回了家,他当然不知道,短短一天的时间,情况就发生了巨大的变化。 But all these changes, because of some bald person surnamed Fang. 而这一切变化,都是因为某个姓方的秃子。 „Lü, the equipment has not moved, right, two lunatics, tread the horse unexpectedly the tent was defending in entrance, the security is also blocking.” “吕总,器材没搬回来,对,有两个疯子,踏马的居然在门口支了帐篷守着呢,还有保安也拦着。” „About me also thought that they are impossible to defend daily, I pass for two days to have a look again.” “对我也觉得他们不可能天天守着,我过两天再去看看。” „That side the police station the same as usual, the economic dispute has not put on record, group of I knew.” “派出所那边老样子,经济纠纷没有立案,行我知道了。” Puts down the telephone, Zhao Zhipeng snort/hum the song, the travelling gym were many, has not seen many people to have the matter, the crest of wave passed, Lü complied saying that was the shopkeeper by oneself. 放下电话,赵志鹏哼起了小曲,跑路的健身房多了,也没见多少人有事,风头过了,吕总答应说让自己当店长呢。 Today first comes, today is a little busy, no matter but is late, third might 12 points, no matter but many will be late tired, three must be completed! 今日第一更来了,今天有点忙,但不管多晚,第三更有可能会过十二点,但不管多晚多累,三更都必须完成！ ( This chapter ends) (本章完)