On the other side, outside the factory area, Zhao Bin said helplessly, "Lawyer Tang, they tell us to go ask the finance department, but we can't even get into the factory area. How can we find the finance department?"
"Stop looking, let's go. They probably don't want to pay, but it's okay, if we can't get it, somebody else can."
Old Tang took Zhao Bin straight to the Guanning District Labor Arbitration Committee. Actually, Zhao Bin had evidence of his employment, it's just that he didn't know how to use it before.
The simplest evidence, such as the chat records with the intermediary and the records of the intermediary paying wages, was already extremely sufficient proof.
But now, Old Tang was working on another matter.
At the Guanning District Labor Arbitration Committee, an employee named Peng Mingshi was looking at the computer and speaking with impatience.
"You have nothing, how am I supposed to process this? Tell me, how am I supposed to process it? You should at least have an application form; only then can I follow the procedures. There are templates next to it, take a look for yourself."
"Stop asking me, okay? There are so many people waiting in line. Go on, move along."
The person in front left helplessly as the number calling machine beeped, and then Old Tang, with Zhao Bin, approached the counter.
"What can I do for you?"
Old Tang, with a smile on his face, handed over the application form along with the related evidence and said, "The labor dispatch company has been arbitrarily withholding wages."
"And there's no contract. Now we're demanding that the other side pays a total of twelve thousand yuan for double the labor compensation from June this year till now, as well as the unpaid wages of two thousand three hundred yuan, and also three thousand yuan in compensation for illegally terminating the contract." Fresh chapters posted on novel★fire.net
What the heck? Zhao Bin was instantly stunned, about to speak out. The only wages owed to him were two thousand three, so what was this about twelve thousand and three thousand yuan?
However, Old Tang turned back with a look that made him promptly shut his mouth. Before coming, they had made it clear that if Old Tang said not to talk, he absolutely must not say a word!
If he did, Old Tang would just walk away, and Zhao Bin would have to resolve his own issue.
Peng Mingshi picked up the application form and glanced at the evidence, then said, "Your arbitration subject is incorrect. Looking at the chat records, this isn't a labor dispatch company, is it? It's an intermediary, right?"
Upon hearing this, Old Tang expressed surprise and said, "It's actually an intermediary? I didn't know that because they didn't give us any contracts for the intermediary, nor any other kind of evidence."
"I just looked at the situation: the factory paid them, and they distributed the wages. This situation fits the form of labor dispatch. Therefore, I filed for arbitration on the grounds of labor dispatch. There shouldn't be a problem, right?"
Peng Mingshi immediately shook his head and said, "Don't give me that. If it's just the intermediary withholding more than two thousand, you can't write down all this stuff. I can't process that here."
"Either you change it right away or I can't handle it."
"Oh, you can't process it? That's fine, then give me a written notice of non-acceptance and explain the reason. That shouldn't be an issue, right?" Old Tang continued with a smile.
Peng Mingshi took another look and said, "What's with you? I said we can't process it, and that means we can't process it."
Lawyer Tang's smile vanished, "I am Tang Fangjing, and I'm the legal representative of Mr. Zhao Bin here. Now, you're neither processing it and neither providing the reason for non-acceptance nor giving me a written reply."
"What do you expect me to do?"
"What's with your attitude?" Peng Mingshi frowned and said.
"Everyone has seen my attitude, and they have also seen yours. If you're not accepting it, then give me a written response so I can go for administrative review or file an administrative lawsuit."
"If you don't give a response, I'll directly file a real-name report against you with the police!" Lawyer Tang said, unchanging in demeanor.
Thinking who are these two? They're already in their thirties or almost forties, still sitting at the window, thinking they're something special.
Another employee, seeing the dispute arise, came over and said, "Let's not fight, please calm down and don't get agitated, we can talk it over slowly."
"I've been talking it over, but this person here isn't listening, neither processing the case nor giving a response. This severely violates procedures. What am I supposed to do?"
The employee, who was clearly a manager, upon hearing this said, "Old Peng, what's the issue here?"
"This is clearly a labor intermediary, but he insists that it's a labor dispatch and wants to file for arbitration on that grounds. It's illegal," Peng Mingshi said, trying to suppress his anger.
"Then why don't you give a written reply? What's there to argue about?"
Peng Mingshi was silent; what could he say—that he just didn't like the lawyer's attitude?
"Comrade, you're a lawyer, right? Indeed, there has been negligence on the part of our staff, but your application form is indeed incorrect. Would you like to revise it?" the manager asked, looking outside.
Old Tang waved his hand, "I don't think there's anything wrong. Look, you said the company is a labor intermediary, right? Then logically, they should be doing intermediary work, right? They should have a brokerage contract between them, the workers, and the employers—any problems with that?"
"But now, they took the employer's money to pay the workers. That's clearly the nature of labor dispatch. Now tell me, what reason should I use to apply?"
The manager inside hesitated for a while, then said, "Well, that actually could be considered as outsourcing payroll functions to a third party... "
"Ah? So you mean, I can directly file a formal labor relationship arbitration with that factory, right? Outsourcing payroll doesn't affect the establishment of an actual labor relationship." Lawyer Tang continued to say.