Chapter 418: Unite All Who Can Be United

This really is an obscure crime, but those who deal with labor Legal Aid quite a bit still know about this crime.

However, in legal practice, this crime is very, very rarely applied.

So Zhou Xinran didn't think of it for a moment, but now, being reminded by Lawyer Fang, she immediately recalled this crime.

Her theoretical knowledge is still very solid; she might have forgotten it a bit because she hasn't touched upon it for a long time, but as long as she is reminded, she can recall it.

The most critical thing is, thinking about the other party's behavior, it seems it really does fit the standard!

Lawyer Fang took another sip of coffee and then said, "How about it, you remembered, right? As for the fitness gym Zhou Yi encountered, what can be confirmed now is that there is definitely no money left on its books."

"But, according to Zhou Yi's account, for a period of time before this, this fitness gym had been running promotions and selling discounted memberships; this was a very large cash flow!"

"This money is gone now, and the other party hasn't paid the Employee wages, so it is very likely to meet the Supreme People's Court's Judicial Interpretation regarding the Crime of Refusing to Pay Labor Remuneration."

Zhou Yi was completely convinced; Lawyer Fang is just Lawyer Fang. When everyone thinks the road is already at a dead end, he can always find a suitable one among the more than four hundred crimes in the Criminal Law and pin it on them.

Moreover, looking at it, the logic is very sound, and perhaps even the Fitness Gym Boss of Qiji Fitness might not be very clear about this matter himself.

But this does not hinder the establishment of this crime, because as long as those circumstances stipulated in the Judicial Interpretation exist, it will be recognized as a crime.

Speaking of this, Zhou Yi suddenly remembered what that store manager said and hurriedly asked, "Then Lawyer Fang, if there are Employees who have suffered Serious Consequences because they weren't paid, will this aggravate the sentence?"

Hearing this, Lawyer Fang was immediately surprised and laughed, "Zhou Yi, that you can ask this question shows that your understanding of the Criminal Law has already surpassed some people."

Circumstances, an extremely important component of the Criminal Law; it can be said that even if one doesn't know this crime, one should know that different degrees of severity in criminal circumstances will affect sentencing.

"Of course there is; under three types of situations, it will be recognized as Serious Circumstances, and then it won't be under three years, it will be three to seven years!"

Zhou Yi hurriedly explained the situation, and Lawyer Fang laughed.

"Remember my words: unite all those who can be united, and let the store manager and the others go through the procedures."

"In one sentence, just say that the Fitness Gym Boss of Qiji Fitness has transferred all the Company's money, has hidden and absconded himself, leading to wage arrears of more than three months, and now family life has been greatly affected."

"Even the elderly person currently in the hospital has no money for medical treatment; this is how you collect the evidence..."

Lawyer Fang never leaves a single loophole in his work.

Soon, Zhou Mouren left the coffee shop and began to contact that store manager.

"Manager Huang, right? I'm the one who chatted with you today, Zhou Yi. Yes, where are you now? I have a matter to discuss with you."

"It's not asking you for money; you've been owed wages, right? How many people in your store are owed wages? Call them all together. It's fine, don't worry; by then, you shouldn't be missing a single cent of your money."

Since it is the Crime of Refusing to Pay Labor Remuneration, then surely if the money is paid, the Criminal Case punishment will be reduced or waived.

The premise is that there are no Serious Consequences...

The Fitness Gym Boss running away does not mean that we customers and the other party's staff are standing on opposite sides.

The Chairman once said that we must have as many friends as possible.

Zhou Yi believes that if the other party knows that it can be handled this way and that it might make the other party go to jail, they will definitely agree!

Working people, the boss runs away with the money and owes you wages; if you still have sympathy for him going in to sit in a cell, then no one can save you.

After all, there has never been any savior, nor do we rely on gods or emperors...

The meeting with Lawyer Fang was at four o'clock; it is now past six in the afternoon, and Zhou Yi and the store manager agreed to meet at the entrance of the fitness gym.

"Manager Huang, we meet again. These few are..." Zhou Yi asked, looking at the young people behind Huang Xiaokang.

"They are all coaches here," Huang Xiaokang introduced.

Zhou Yi took a glance; some looked like they trained well, while others didn't have two taels of meat on them at first glance...

Although in the sports industry, coaches don't necessarily need a high level of technical skill—for example, there are swimming coaches who have trained swimming champions but can't swim themselves...

But still, as a fitness coach, if you yourself are very poor, it always feels like something is missing.

But this is not important; one thing at a time, whether others train well or not doesn't affect the payment of wages.

After a brief introduction, Zhou Yi began, "Manager Huang, the situation is like this: you see, you have all been owed wages now, and as it happens, there is a crime..."

He explained the situation Lawyer Fang had described; of course, he wouldn't say the critical parts.

"As it happens, your situation here, Manager Huang, seems to fit that Serious Circumstances a bit..."

"So, you see if you want to listen to me, do you want to send this Fitness Gym Boss to jail!"

That Zhao Zhipeng looks hateful, and is indeed hateful, but Zhou Yi believes that he definitely wouldn't want to go to jail!

This is obvious; the price of taking the fall for someone in jail is a different matter from the price of taking over a company and getting on the credit blacklist...

Uh, I'm just talking nonsense; there's no such thing as taking the fall, it's all fake.

In short, any normal person would choose; the question is whether you confess everything or gamble on how many years you'll be sentenced.

The core of the problem is still that boss who ran away, Lu Yan!

He is the most hateful person!

After hearing Zhou Yi's words, the few coaches who were originally uncomfortable because of the sudden arrival were now truly refreshed!

"Mr. Zhou, can we really send that boss to jail? Really?"

"That's right, Mr. Zhou, as long as we can really make him go to jail, we don't even need our wages!"

"Exactly, it's just a few months of wages; being able to make that bastard go to jail is better than anything!"

"Although I'm also owed money for buying courses, it doesn't matter, let's do it!"

Zhou Yi felt that he was probably too used to being a boss, or he underestimated the enthusiasm of working people for sending their boss to jail...

Looking at this situation, they had no choice before, but if they had any choice at all, I guess many working people would have the thought of sending their boss to jail in their hearts...

Terrifying!

This is probably the legendary class conflict.

Fortunately, it's not allowed to hang people on lampposts now, otherwise... hiss!

Huang Xiaokang opened his mouth but didn't speak; his situation was different. Unlike those young people who have no worries because they are single, he is already getting on in years.

He has elderly parents above and children below, and the elderly one is still in the hospital; he really needs that money.

He also really wants to shout, "I don't want this money, I just want to send that dog-day boss to jail."

It's just a pity that he couldn't cry out...

This is the reason why many companies are currently very harsh toward older employees.

I bet you wouldn't dare to leave; it's not easy to find another job at your age, and if you can't find one, you don't dare to quit without a backup plan because of your family situation, so if I don't mess with you, who would I mess with?

Zhou Yi looked at Huang Xiaokang and said, "Manager Huang, it's fine, everyone knows your situation."

Huang Xiaokang nodded with a bit of embarrassment, although he didn't know why he felt embarrassed himself.

It seemed that from that moment on, they were standing on the same side, and he was currently dragging them down a little.

Zhou Yi didn't act like a good Samaritan, saying I will give you this money, because when it really comes to that point, this labor remuneration is not something they can just give up if they want to.

It's quite magical, isn't it? When you beg and plead to get that little bit of salary from the boss, they are high and mighty, telling you I have no money here, go file a complaint wherever you want.

But, when you are prepared to send them to prison, they will beg you to accept this labor remuneration!

And you have to accept it, because the law has provisions...

"Mr. Zhou, tell us what to do, we will all listen to you!"

Zhou Yi nodded and said, "Then we need to start collecting evidence next, Manager Huang, take notes!"

"First, we need to prove that there is a Labor Contract between you and this Company; do you have contracts?"

Huang Xiaokang said, "I have a contract, and Xiaokang has one, but the others don't have contracts."

Fitness coach is also a profession with high turnover; theoretically, everyone should be signed to a Labor Contract and have social insurance paid.

But... that is theoretically.

Zhou Yi said, "It doesn't matter, as long as there is proof that you worked here, such as clock-in records, chat logs, sales records..."

These naturally existed; as the store manager, Huang Xiaokang had a lot of evidence he could provide.

"Then, there is the evidence that your labor remuneration was withheld, and the evidence that the other party transferred the Company's assets!"

Lawyer Fang has said that this transferring or concealing of assets has many categories in the Supreme People's Court Judicial Interpretation.

Concealing assets, malicious repayment, fabricating debts, false bankruptcy, false closure, or transferring or disposing of assets by other means.

Note here that it does not matter whether the other party had the intent not to pay wages.

That is to say, as long as the other party has engaged in such behavior and objectively caused the withholding of labor remuneration, meeting the relevant regulations, then it will constitute this crime!

Because you used such methods to handle Company assets and objectively did not pay wages, the law will default to saying that you did not want to pay the wages...

This is very reasonable.

Trying to find such evidence sounds professional, but it is actually not that difficult.

Everyone here is either a store manager or a coach, but they are actually all doing sales work.

Except for special times, the gym does not specifically hire salespeople.

Therefore, one can basically estimate how much money the gym has earned before!

But estimating is not enough; evidence is needed!

They can provide corresponding specific payment situations here, because sometimes many coaches will ask clients to transfer money to them...

Don't be surprised, many people do this.

And as for Zhou Yi, he can now contact most of the customers seeking Legal Aid, although some people are unwilling to participate because it is troublesome.

However, what if you are only asked to provide payment records?

If you only need to provide payment records to get the boss locked up, and possibly even get your money back, would you be willing to do it?

The answer is simple: out of a hundred people, a hundred would be willing; you don't have to go through trouble yourself, and you can vent your anger, who wouldn't be willing?

What? The accounts transferred to were not the dedicated accounts of Qiji Limited Liability Company, but private accounts?

Then it's even simpler; does this even need to be investigated? This doesn't need to be investigated at all, okay? Not only will the tax authorities be the first to trouble you, but this is clearly concealing and transferring assets...

So it is highly probable that it was still transferred to the public account of Miracle Company; the other party is an old hand, it is unlikely they would make such a mistake.

With these two parts combined, isn't there evidence for the gym's income over the recent period?

And what about expenses? Rent, utilities, and Employee wages.

Rent and utilities can be calculated by finding the Property Management of Guangming Peak Building, and utilities can also be calculated.

Employee wages are clearly withheld.

Income minus expenses, easy, right?

But the Company has no money in the account now, so if you ask where the money went, doesn't that provide a complete Evidence Chain?

Add in the evidence of the "Serious Consequences" where Huang Xiaokang's family life was significantly affected due to withheld wages, and it's all set!

This can be said to have directly discarded complex accounts and complex financial issues, fundamentally enumerating and listing all situations.

After finishing explaining the evidence needed, everyone became excited!

Not all Employees came today; there were still some like the cleaning ladies who didn't come.

Everyone prepared to contact them all by then, determined to send the damn boss to prison!

Of course, while collecting evidence here, on the other hand, one must still file a Lawsuit.

Criminal issues are criminal, civil issues are civil; once there is a result on the labor remuneration, the refund process must also be completed.

With the Judgment in hand, if the other party is really arrested for transferring assets and their assets are all frozen, then the Court can directly execute the judgment.

Perfect!

This is the consultation Lawyer Fang gave before, and filing a Lawsuit can also confuse the other party.

Making the other party feel that, look, they only know how to file a Lawsuit, it's useless.

Action speaks louder than words; everyone split up to act, and others were responsible for their own evidence.

And Zhou Yi was responsible for the bulk of it; he had to contact other customers and get the payment records for the past year to Qiji Fitness from them.

This is very troublesome, but everything is afraid of being taken seriously!

Zhou Yi quickly contacted Shizi and told him the matter as well; this guy, apart from having bad luck, was not bad at all.

Then first take a count in the group; there is no need to explain clearly to most people, just tell them that you are working hard to solve the problem.

Then the relevant departments need to collect everyone's specific records, and since it involves subsequent refunds, everyone will not think about anything else.

As for those who still do not want to budge, contact them individually to persuade them.

In addition, it must be stated that besides this aspect, you will also file a Lawsuit, and if there are those willing to join the Lawsuit, they can come together.

Everything needs to be stated clearly.

Everything is proceeding in an orderly manner.

On the other side, Zhao Zhipeng returned home; he naturally did not know that in the short span of one day, the situation had undergone a huge change.

And all these changes were because of a certain bald man surnamed Fang.

"General Manager Lu, the equipment was not moved back; yes, there are two lunatics who actually set up a tent at the entrance to guard it, and there are also security guards blocking the way."

"Yes, I also think it is impossible for them to guard it every day; I will go take a look again in two days."

"The Police Station is the same as usual, they did not accept the Case Filing for the economic dispute; alright, I know."

Putting down the phone, Zhao Zhipeng hummed a little tune; there are many gyms that run away, and he has not seen many people get into trouble; once the heat dies down, General Manager Lu promised to let him be the store manager.

Today's first update is here; I am a bit busy today, but no matter how late it is, the third update might be past twelve o'clock, but no matter how late or tired I am, the three updates must be completed!

(End of this chapter)