Chapter 335 is only because they have come!( Asked monthly ticket) 第335章只是因为他们来过！(求月票) In the hospital, Jiang Haogua the telephone, he just chatted with the parents, unsurprisingly, the parents did not agree. 医院里,蒋浩挂了电话,他刚刚和父母聊了聊,不出意外,父母不同意。 Is thinking said in the disagreement/not with family/home to open mouth, after all this is actually letting the responsibility that the parents undertake them should not shoulder, but under the unexpected happening, Jiang Hao gives the parents to telephone. 原本想着说不和家里张嘴,毕竟这其实是在让父母承担他们本不应该承担的责任,但鬼使神差之下,蒋浩还是给父母打了电话。 In the world only then a sickness, that is the poor sickness. 世界上只有一种病,那就是穷病。 Really did not have the means that the method that can think has wanted to end, the waterdrop planned, lends money, can say that the parents of girlfriend have borrowed money that can borrow. 实在没有办法了,能想的法子都已经想完了,泪滴筹,借钱,可以说女朋友的父母已经把能借的钱都已经借完了。 The relative also knows, said in the family/home had such matter to spend money importantly, but the money of which family/home was not the gale blows, did everything possible, the day has resulted. 亲戚也都知道,说家里发生了这样的事要紧用钱,但是谁家的钱也不是大风刮来的,尽力而为,日子还是得过。 Jiang Hao thought of the company again, but he in hesitant, if the company clarified said oneself did not give money, what to do should that? 蒋浩再次想到了公司,但他在犹豫,公司如果摆明了说自己就是不给钱,那该怎么办呢？ Pulls the law he definitely to pull the opposite party, others are specialized. 扯法律他肯定扯不过对方,人家是专业的。 But thought of a legend in Tengda Corporation in this time Jiang Hao suddenly, if something remember that looks for Zhou! 而在这个时候蒋浩突然想到了腾达公司内的一个传说,如果有事情记得找周总！ Moreover in company this legend said that has the nose to be perforated, beforehand Jiang Hao naturally does not believe. 而且公司里这传说被说的有鼻子有眼,之前的蒋浩自然是不相信的。 After all he has studied in the school, the company wants to be for profit, if company each employee manages, how that also gains, doesn't the boss need to make money? 毕竟他在学校里就学过,公司是要以营利为目的,如果公司每个员工都管,那还怎么营利,老板不需要赚钱吗？ But does not have the means now, he can only choose the seeking help company. 可现在没办法了,他只能选择求助公司。 In Tengda Corporation, Yao is busy at work the work in hand, then received Jiang Hao call. 腾达公司内,马瑶正在忙活着手中的活儿,然后就接到了蒋浩的电话。 „You said, now spends money urgently needed, but the company of your girlfriend after paying 100,000 Yuan did not have other news is right, then you are thinking can make the company shoulder more responsibility, is right?” Yao opens the mouth to say. “你是说,现在急需用钱,但是你女朋友的公司在垫付了十万元之后再没有其他的消息对吧,然后你想着能让公司承担更多的责任,对不对？”马瑶开口道。 „Yes the master, now, us really does not have the means now, the sweet situation had big improvement , to continue to try hard to have the hope to recover very much, I, I really do not want to give up!” Jiang Hao sound very hoarse say/way. “是啊师傅,现在,现在我们这边真的没办法了,甜甜的情况有了很大的好转,继续努力下去有很大希望痊愈,我,我是真的不想放弃！”蒋浩的声音很是沙哑道。 „Ok, that you first comes back, I and to congratulate relate, making you look for our legal consultation consultation.” “行,那伱先回来吧,我和贺总联系一下,让你找咱们的法务咨询咨询。” Only the magic can resist the magic, this saying places here is not a little inappropriate, but wants to explain, the specialized matter must give the specialized person, when particularly your mouth is very stupid. 只有魔法才能对抗魔法,这话放在这里有点不合适,只是想说明,专业的事还是要交给专业的人,尤其是当你的嘴很笨的时候。 After a half hour, in the ascending ministry of law office, legal younger sister paper Liu Shiwen sits there, looks at front Jiang Haodao: „Do not worry, now what we can determine, your girlfriend faints in the company, and was delivered to the hospital from the company, right.” 半个小时后,腾达的法务部办公室内,法务妹纸刘诗雯坐在那里,看着面前的蒋浩道:“你不要着急,我们现在可以确定的是,你女朋友是在公司晕倒,并且从公司被送到医院,对吧。” Jiang Hao nods: „Is this, at that time many people saw, some of our company also people see.” 蒋浩点点头:“就是这样,当时有很多人都看到了,咱们公司也有人都看到。” „This is not the issue, that side has the monitoring, moreover ambulance there also has the record, the present issue is, if you want to look for the opposite party company to sue for damages, that must show, your girlfriend is hospitalized , because excessively works overtime to cause.” “这个不算问题,那边有监控,而且救护车那里也有记录,现在的问题是,如果你想找对方公司索赔,那必须得证明,你女朋友住院,是因为过度加班导致。” „Moreover, was similar to the opposite party saying that the first your girlfriend was an intern, was not the staff, had the labor exchange, in this must wrangle, second, whether to recognize for the injury on job, this also had the difficulty, the thing that must prove were too many......” “而且,就如同对方所说,第一你女朋友是实习生,不是正式员工,是否存在劳动关系,这里面还得扯皮,第二,就是能否认定为工伤,这同样有难度,要证明的东西太多了……” In the law spoke the causal relation, to show that the sickness of opposite party was because excessively worked overtime to stay up late to produce, that first needs to show, excessively stayed up late whether will have such sickness! 法律上讲因果关系,要想证明对方的病是因为过度加班熬夜产生,那首先需要证明,过度熬夜是否会产生这样的病！ Next must show, has the situation of excessively staying up late...... 其次还要证明,是否存在过度熬夜的情况…… Do not think that this does not absolutely need to say probably, we said the evidence, punch- in company, has not met, has gotten off work to punch the clock obviously, but actually still situation of work? 别觉得这好像根本没必要说,我们就说证据,公司的打卡情况,难道就没有遇到过,明明已经下班打卡了,但却依然得工作的情况吗？ Before had said that the present company were too many in this aspect repertoire. 之前就已经说过,现在的公司在这种方面套路太多了。 Can prove working overtime, must look at the attendance record, but if this thing also does have the issue? 能否证明加班,得看考勤记录,但如果这个东西也都有问题呢？ The stipulation said that six points get off work, your six point truly signatures got off work, but you cannot walk, how did this time time recognize? 规定说六点下班,你六点确实签字下班了,但你也不能走,这个时候的时间怎么认定？ This is the issue is, and even has the attendance record, in practice legal precedent, if only has the checking attendance punch-in record to present evidence as the working overtime evidence, in situation that the company denied, arbitrating the committee or was the court greatly possibly meets very much does not support. 这就是问题所在,并且就算是有考勤记录,在实践判例中,如果仅有考勤打卡记录作为加班证据而举证,公司否认的情况下,仲裁委或者是法院很大可能是会不支持的。 Moreover, a situation, lets you in the evening various working overtime, then conducts the compensatory leave, here some stipulations, four hours, compensatory leave quite a while, over four hours, a compensatory leave day. 而且,还有一种情况,让你晚上各种加班,然后进行补休,这里又有规定,四小时,补休半天,四小时以上的,补休一天。 But basically...... listens to be good. 但基本上……听听就好了。 We know that the staying up late wound body, this topic got up N heat to search, therefore let you haughtily to 34 points, ended the next day to rest to meet you to repay the debt of body? 咱们都知道熬夜伤身体,这个话题都上了n次热搜,所以让你敖到三四点,完了第二天多睡会你能补回身体的亏空吗？ The people after all are physical body every embryo, is not a machine, that machine excessively loses even many still on lubricates, cultivates. 人毕竟是肉体凡胎,不是机器,那就算是机器过度损耗也得多上点油,多修一修的。 But was a pity very much, the stipulation in legal not related aspect. 但很可惜,法律并没有相关方面的规定。 Jiang Hao was again scared, he has not really thought in this curved circles will have so many. 蒋浩再次傻眼了,他是真的没想到这里面的弯弯绕会有这么多。 „Now what to do you look at us to be able, does the arbitration sue? But this time without enough time!” Jiang Hao said. “那您看现在我们能怎么办,仲裁还是起诉呢？但这时间来不及啊！”蒋浩说道。 Liu Shiwen starts to ponder, she is ascending the work lawsuit that files really few, the staff who because ascends basic no one leaves job, few, that is also because the reason outside work leaves job on own initiative. 刘诗雯开始沉思,她在腾达打的劳动官司真的很少,因为腾达的员工基本没人离职,鲜有一些,那也是因为工作之外的原因主动离职的。 If she is an attorney, that definitely is suggested that various types the legal way, she can make money on the line in any case. 如果她是律师,那肯定是建议去各种走法律途径,反正她可以赚到钱就行。 But she is not an attorney, she is only the law of company . Moreover the boss is a good person. 但她不是律师,她只是公司的法务,而且老板是个好人。 How she wants to think that this is not good to recognize for the injury on job, or basically possibly is not the injury on job. 只是她怎么想都觉得这不好认定为工伤,或者说基本上不可能是工伤。 Even if this matter mentioned that person of society department, mentioned that the work arbitration committee is still this result. 这事就算是提到人社部门,提到劳动仲裁委也就是这结果。 Thinks the half of the day does not have the means that Liu Shiwen can only say: „This...... is not very really easy to do, I to any appropriate suggestion, can say that now this is not basically able to recognize the injury on job, can only consult with them, or...... or asks Zhou to help.” 想了半天没办法,刘诗雯只能说道:“这个……真的很不好办,我现在给不出什么合适的建议来,可以说这基本上是无法认定工伤的,只能和他们协商,或者……或者找周总帮忙。” What? Front looks at the petite legal younger sister paper, Jiang Hao opens mouth has not said the words to come, is thinking can be suggested from company law here, the suggestion that but gives is not really fond of playing jokes. 什么？看着面前身材娇小的法务妹纸,蒋浩张了张嘴还是没说出话来,原本想着能从公司法务这里得到建议,但给的建议真的不好弄。 The boss is big net red this who knows, the boss acts to send a video, that this matter can definitely arouse the interest, but the boss is only a boss, is not their father, why to help send this. 老板是大网红这谁都知道,老板出面发个视频,那这件事肯定能引起关注,但老板只是老板,又不是他们的爹,凭什么帮忙发这个。 The situation a little is not quite probably right, Huo Pengfei who finally, is busy at work at the same time could not bear. 情况好像有点不太对,终于,在一边忙活的霍鹏飞忍不住了。 „I said that poem Wen, his situation is not good to recognize the injury on job, didn't you have the means? This is not the injury on job, this is the right infringement, this is the infringement to right to life and health, arbitrates anything, raised suing of right infringement directly on the line!” “我说诗雯啊,他这情况不好认定工伤,你就没办法了？这本来也不是工伤,这是侵权啊,这是对生命健康权的侵犯,去仲裁什么,直接提起侵权之诉就行啊！” ? The Jiang Haoma Yao three people looked, regarding Huo Pengfei, are not many, after this legal coming in company that everyone understands does not get on well with others, but also always likes saying something to smooth things over with the attractive miss, therefore...... is not popular. 啊？蒋浩马瑶三人都看了过去,对于霍鹏飞,大家了解的也不多,这位法务进来公司后不怎么合群,还总是喜欢和漂亮姑娘搭讪,所以……也不怎么受欢迎。 Has not actually thought that at this time he will say such words unexpectedly! 却没想到这个时候他居然会说出这样的话！ Liu Shiwen there, she felt suddenly, oneself the time that seems the company law to make grew, the brain was limited, will encounter this situation to wrap/sets of toward the injury on job on subconsciously. 刘诗雯愣在了那里,她突然感觉,自己好像公司法务做的时间长了,脑子都被限制住了,遇到这种情况下意识地就会往工伤上面套。 However actually forgot the code civil, regarding the person abuse of authority, truly can raise suing of related right infringement! 但是却忘了民法典本身,对于人身侵权行为,确实可以提起相关的侵权之诉！ Here needs to be clear, in many situations we said that brought a lawsuit to lose, what that said was you make the demand that to be rejected. 这里就需要明确,很多情况下我们说打官司输了,那说的是你提出的诉求被驳回了。 On for example the similar case, you can file the right infringement damage compensate, can file the violation compensation, the violation compensation failure that you raised, will not be defeated on behalf of the right infringement damage compensate, this was the demand is different, the caused result was different. 就比如同样一个案子,你可以提起侵权损害赔偿,也可以提起违约赔偿,你提起的违约赔偿失败,不代表侵权损害赔偿也会失败,这就是诉求不同,导致的结果不同。 Huo Pengfei had walked, the mouth said at a moderate pace: „If raised suing of right infringement, you collected the fixed evidence to be simpler than before, you only needed to show that what stays up late to cause your girlfriend that sickness...... to come, myocarditis? For those this.” 霍鹏飞已经走了过来,嘴里不紧不慢地说道:“而且如果提起侵权之诉,你收集固定证据的话会比之前更简单,你只需要证明熬夜会导致你女朋友那个病……啥来着,心肌炎？哦对就是这个。” „Then, proves a point again, before your girlfriend was sent to the hospital, exists situation that the continuity stays up late, but this stays up late is because the company requests, therefore the company needs to shoulder the right infringement responsibility!” “然后呢,再证明一点,你女朋友被送去医院之前,存在着连续性熬夜的情况,而这个熬夜是因为公司要求的,所以公司需要承担侵权责任！” Huo Pengfei is studying side Dazhuang now diligently, therefore the speech works turns toward the opposite party to close up, spoke with the average person, spoke the big vernacular as far as possible, was everyone can understand. 霍鹏飞现在在努力学习方大状,所以说话做事都向着对方靠拢,和普通人说话,尽量说大白话,也就是大家都能听懂的。 Rather than spoke these law word French forcefully and so on thing. 而不是强行说那些法言法语之类的东西。 Huo Pengfei's words make three people feel to suddenly see the light, this is the so-called industrial injury insurance regulation, the labor law and so on department law abandons directly, we did not speak the labor exchange, did not speak what intern status or is working overtime and so on matter. 霍鹏飞的话让三人感觉豁然开朗,这是将所谓的工伤保险条例,劳动法之类的部门法直接抛开,我们不讲劳动关系,不讲什么实习生身份或者是加班之类的事。 We use the logical causal relation, in right infringement stipulation with code civil the entire event series together! 我们用逻辑因果关系,用民法典中的侵权规定将整个事件串联在一起！ Does anything work overtime, said that your company made me stay up late not to have, to stay up late, moreover continuous staying up late, then, looking for the hospital or was the relevant agency writes up the appraisal result, my sudden illness, was sudden fainting, because this recent continuous staying up late caused! 什么加班不加班的,就说你们公司让我熬夜没,熬夜了吧,而且还是连续性的熬夜,然后呢,找医院或者是相关机构出具鉴定结果,我这突发的病症,突然的晕倒,是不是因为这最近连续性的熬夜导致的！ Fixed the evidence of these two logical relations, that entire matter also became. 把这两个逻辑关系的证据固定好了,那整个事也就成了。 The mountain heavy water turns round to doubt roadless, joy after sorrow Yau Yat Tsuen, this was the Jiang Hao present idea. 山重水复疑无路,柳暗花明又一村,这就是蒋浩现在的想法了。 Liu Shiwen looks at front Huo Pengfei dull, since this Attorney Huo entered the company, she thought that opposite party also such, usually in drifts along in the company probably, plans contract anything, who is competent. 刘诗雯呆呆地看着面前的霍鹏飞,自从这位霍律师进了公司,她都觉得对方好像也就那样,平日里在公司混日子,拟个合同什么的,谁都能干。 Who can think, this level imagines compared with her probably wants the high such hundred million points...... 谁能想到,这位的水平好像比她想象中要高那么亿点点…… Even gives her side Dazhuang in front feeling! 甚至于都给她一种方大状在面前的感觉！ „Attorney Huo, you looked I should do now specifically, this was really thank you......” “霍律师,那您看我现在具体应该干什么,这个真的是太谢谢您了……” Is facing the worship and thanks in people eyes, Huo Pengfei was a little also floating, he this, experiences the matter always not to meet calm. 面对着众人眼中的崇拜和感谢,霍鹏飞又有点飘了,他这人就这样,遇到事总是会不淡定。 „Aiya is all right, is a company, I help you also should be, the small matter, do not care.” “哎呀没事没事,都是一个公司的嘛,我帮你也是应该的,小事情,不要放在心上。” „Now you must do is these evidence that fixed me just saying that chatted the record, checking attendance table, as well as concrete log wait/etc these, so long as can show that your girlfriend had continuous frequent staying up late, moreover was stays up late the night situation, that did not have the issue.” “你现在要做的就是固定我刚刚说的那些证据,聊天记录,考勤表,以及具体的工作记录等等这些,只要能证明你女朋友存在连续性的经常熬夜,而且是熬夜到深夜的情况,那就没问题。” Jiang Hao hurries to nod, he is thinking goes back to discuss with the girlfriend quickly fixes these evidence! 蒋浩赶紧点头,他想着很快回去就和女朋友商量着固定这些证据！ But thinks of anything suddenly, rushes to ask: „If these evidence we do not have the means to collect completely, you also know, in this ordinary day works time will not pay attention to these......” 可是又突然想到什么,赶忙问道:“那如果这些证据我们没办法完全收集呢,您也知道,这平日里工作的时候也不会注意这些……” „This I do not dare to call the warranty you!” Huo Pengfei shakes the head saying: „But, in the civil trial referee, our judges will have a standard, this standard is called the civil evidence high probability standard!” “这个我也不敢给你们打保票的！”霍鹏飞摇摇头道:“但是呢,在民事审判裁判中,我们的法官会有个标准,这个标准叫做民事证据高度盖然性标准！” What is the civil evidence high probability standard? The Supreme People's Court has the stipulation regarding " Civil procedure law » judicial interpretation during: Having the evidence that the litigant who presents evidence the proof responsibility provides, the people's court and unifies the related fact after the examination, believes firmly that waits existence of card fact to have highly possibility, must recognize that this/should fact exists. 什么是民事证据高度盖然性标准呢？最高人民法院对于《民事诉讼法》的司法解释之中有规定:对负有举证证明责任的当事人提供的证据,人民法院经审查并结合相关事实,确信待证事实的存在具有高度可能性的,应当认定该事实存在。 How this understood, said the logical expression is, the evidence that although you take is not enough to prove this matter, however, after the judge looked , thought that this evidence I believe very much, the possibility is very big! 这怎么理解,说人话就是,虽然你拿出来的证据不足以证明这件事,但是呢,法官看了之后,诶,觉得这证据我很相信,可能性特别大！ What to do that must think that this matter real, this was called the civil evidence high probability standard! 那就会怎么办呢,就应当认为这事是真的,这个就叫民事证据高度盖然性标准！ How in the practice specific to operate, the answer is to look at the judge, this is another of judge discretionary power manifests! 具体实践中怎么操作,答案是看法官,这就是法官自由裁量权的又一个体现！ Naturally, in the practice has the standard unclear situation, this did not have the means that but needs to remember had two points: Preponderance of the evidence, but also waits for the card fact having the high possibility. 当然,实践中有着标准不明的情况,这就没办法了,但需要记住的有两点:优势证据,还有待证事实具有高度可能性。 In brief, you truly cannot produce the clear evidence, when you can produce the corresponding evidence, you need to convince the umpire personnel, convinced them to believe your matter real. 总而言之,你确实拿不出确切证据,但你可以拿出相应的证据之时,你就需要去说服审判人员,说服他们相信你的事是真的。 This was also civil and very big difference of criminal activity, in the criminal activity said that doubted the crime not to have, but civil was said the judge can look the situation decided. 这也是民事和刑事的很大区别,刑事中说疑罪从无,而民事中则是说法官可以看情况来决定。 Clarity that very Huo Pengfei explained that Jiang Hao had no words finally, greets with several people, immediately left hurriedly, he currently has too many matters to do. 霍鹏飞解释的很清楚,蒋浩终于没什么话了,和几人打了个招呼,随即风风火火地离开,他现在有太多的事要做了。 This time, Jiang Hao is very sigh with emotion, if oneself have not entered ascends, it is estimated that now will not have the means directly, if such attorney consults, that consultation fee will not be few. 这一次,蒋浩很是感慨,如果自己没有进腾达,估计现在会直接没办法吧,这样的律师如果去咨询,那咨询费可不会少。 Saw that Jiang Hao walked, Huo Pengfei sighs with emotion a sound said there: „Young is good.” 眼看着蒋浩走了,霍鹏飞在那里感慨一声道:“年轻就是好啊。” Working overtime this matter were too many, many to letting many people have felt the numb degree. 加班这种事太多了,多到让很多人已经感觉麻木的程度。 Even will feel, we should work overtime, because only then works overtime we to gain more rewards. 甚至会觉得,我们就应该加班,因为只有加班我们才能获取更多的报酬。 Before Zhou resolute, has met many such opinions, has this viewpoint is quite fierce hitting worker, wage level quite high that naturally, working overtime is also very serious. 周毅之前遇到过很多这样的言论,持这种观点的很多都是比较厉害的打工人,工资水平比较高的那种,当然,加班也很严重。 They think that this is very normal, but Zhou Yizhen wants to make them read Das Kapital, read the selected works of Mao Zedong...... 他们认为这很正常,但是周毅真的很想让他们去读一读资本论,读一读毛选…… After we walk, they will cultivate the school and hospital to you, will raise your wages, this is not because their conscience found, is not because they turned into the good person, because we have come. 我们走后,他们会给你们修学校和医院,会提高你们的工资,这不是因为他们良心发现,也不是因为他们变成了好人,而是因为我们来过。 But now, some people had forgotten the lots, can only say, the benefit is really a good thing, moreover they had walked for a long time. 可现在,有的人已经忘记了很多东西,只能说,利益真的是个好东西,而且他们已经走了好久。 Today cheers the grandson Great Sage, the reason demonic fog is only heavy! 今日欢呼孙大圣,只缘妖雾又重来！ Facts showed that Jiang Hao „flower” these promote Phenanthro not to waste, with the lapse of time, 23 -year-old flower season young girl, because working overtime stayed up late excessively to enter the ICU news, the heat degree was getting higher and higher. 事实证明,蒋浩“花”的那些推广费并没有白费,随着时间的推移,二十三岁花季少女因为加班熬夜过度而进入了ICU的消息,热度越来越高。 Many starts to rub the heat degree from the media on own initiative, but before rubbing heat degree, they underwent various consideration, determined that this matter should after some area tyrant are not related, this starts to begin. 不少的自媒体开始主动蹭热度,而在蹭热度之前,他们经过了多方面的考量,确定这事应该和某个区霸没关系之后,这才开始动手。 Second! The previous chapter revised, the younger sister paper has not died, because I the discovery in writing have the findings, the person did not have, how to toss about again also uselessly, therefore changed, everyone can have a look again . Moreover, in this book regarding the mentality of lawsuit is only a mentality, do not substitute the reality, actual and theory is two matters. 第二更！上一章修改了,妹纸没死,因为俺在写的时候发现已经有了调查结果,人没了,再怎么折腾也没用,所以改了一下,大家可以重新去看看,另外,本书中对于诉讼的思路只是一个思路,不要代入实际,实际和理论是两码事。 Also a little, the score clear situation, the labor department, the labor exchange, the right infringement responsibility, needs to sue by all means that understands this, you can understand the circular. 还有一点,记得分清楚情况,劳动部门,只管劳动关系,侵权责任,需要自行起诉,明白了这点,你就能看懂通告了。 ( This chapter ends) (本章完)