61 When you hold up a torch for those in the dark night, the light has illuminated the road ahead.
As the plane passed through the troposphere, the sky outside the window suddenly darkened. Liu Yuwei gazed at the sea of clouds swirling beneath the wings. The gray mist, like an inextricable cloud of sorrow, seemed to foreshadow the difficulties and setbacks of the journey. Lao Niu's injuries hadn't healed yet, and travel inevitably incurred expenses. After obtaining a letter of authorization, Liu Yuwei traveled alone to Chongqing, the registered place of Yas Company, the day before the trial. The image of Lao Niu, hunched over, walking her to the airport lingered in her mind, and the farmer stubbornly offered to help her carry her suitcase along the way. Liu Yuwei didn't have the heart to tell him that the chances of winning the case in Chongqing were slim. While reviewing the evidence in Jingbei, Liu Yuwei and several colleagues discovered the key to Yas Company's ability to revive the labor dispute lawsuit—Lao Niu's bank statements indicated that it wasn't Yas that paid Lao Niu's salary, but another company called Tianchang Express. Lao Niu said he had never heard of such a company. During every site meeting, the junior leader would always mention "Yas" and had never heard of Tianchang. Liu Yuwei then thought of checking Lao Niu's tax records. According to common sense, personal income tax is generally paid by the party that pays the salary, usually the employer. But the results were shocking. In less than a year since Lao Niu started delivering food, the withholding agents had rotated through five different companies: Yas Logistics and Tianchang Express, as well as Dingtai Financial Consulting, Zhonghe Labor Service Outsourcing, and a construction company. This complex and secretive network of relationships would have been virtually unnoticed if it weren't for a case. The next day at trial, Yas's lawyer stated that the plaintiff's primary business was trunk logistics and transportation, and that their urban distribution business had been entirely outsourced to a third party, Tianchang Express, two years earlier. Liu Yuwei, the defendant's lawyer, submitted Lao Niu's work permit, Yas's standard work clothes, and even the site performance report, but was unable to produce any more compelling evidence. The verdict came faster than the rain in the mountain city. When Liu Yuwei read the conclusion that "there was no de facto labor relationship between the plaintiff, Yas Logistics Company, and the defendant, Niu Jinxin," she suddenly remembered Old Niu's description of their cornfield being ravaged by hail. The cold words on the legal document were probably as suffocating to Old Niu as the fallen crops. If the labor arbitration lit a bonfire for the wounded old ox in winter, then this loss was like a bucket of ice water dousing the newly ignited warm hope. Of course, if you lose the first trial, you can appeal, but if no new evidence is found within two weeks, the chances of overturning the original verdict are almost negligible. … Beijing North…
As the plane passed through the troposphere, the sky outside the window suddenly darkened. Liu Yuwei stared at the sea of clouds swirling beneath the wings. The gray mist, like a cloud of inextricable sorrow, seemed to foreshadow the difficulties and setbacks of this journey.
Lao Niu's injury had not yet healed, and traveling would inevitably incur expenses. After obtaining the power of attorney, Liu Yuwei went alone to Chongqing, the registered place of Yas Company, the day before the trial.
The image of the old cow, hunched over, walking her to the airport was unforgettable, and the farmer stubbornly offered to help her carry her suitcase on the way. Liu Yuwei didn't have the heart to tell him that the chances of winning the case on this trip to Chongqing were not high.
While re-sorting the evidence in Jingbei, Liu Yuwei and several colleagues discovered the key to Yas Company's ability to re-sue regarding the labor relationship - the company that paid the wages in Laoniu's bank statements was not Yas, but another company called Tianchang Express.
Lao Niu said that he had never heard of such a company. Every time there was a site meeting, the young leaders would always mention "Yas" and he never knew there was such a thing as Tianchang.
Liu Yuwei then thought of checking Lao Niu's tax records. Conventional wisdom dictates that individual income tax is paid by the payee, usually the employer. But the results were shocking. In less than a year since Lao Niu started delivering food, his withholding agents had been a revolving door of five different companies: Yas Logistics and Tianchang Express, as well as Dingtai Financial Consulting, Zhonghe Labor Service Outsourcing, and a construction company.
These complex and secretive networks of relationships would hardly be noticed unless a case occurred.
At the court hearing the next day, Yas's lawyer stated that the plaintiff's main business was trunk logistics transportation, and the urban distribution business had been outsourced to a third party, Tianchang Express, two years ago.
Liu Yuwei, the defendant's lawyer, submitted Lao Niu's work permit, Yas-style work clothes, and even the site's assessment form, but was unable to produce more favorable evidence.
The verdict arrived faster than the rain in the mountain city. When Liu Yuwei read the conclusion that "no de facto labor relationship existed between the plaintiff, Yas Logistics Company, and the defendant, Niu Jinxin," she suddenly remembered Old Niu's mention of their cornfield being pounded to pieces by hail. The cold words on the legal document were probably as suffocating to Old Niu as the fallen crops.
If the labor arbitration lit a bonfire for an injured old cow in winter, then this defeat was like a basin of ice water that doused the newly ignited warm hope.
Of course, you can appeal if you lose the first trial, but if no new evidence is found within two weeks, the possibility of overturning the first trial judgment is almost slim.
…
The semi-basement outside the Beijing Third Ring Road was filled with a damp, musty smell from the recent spring rain. A stray cat slithered past the shoebox-sized window, cutting off the only ray of daylight.
Liu Yuwei sat on a creaking plastic stool. On the square table covered with red checkered plastic cloth was the verdict she brought back from 1,500 kilometers away.
Lao Niu's rough fingers rubbed the white paper repeatedly. After the initial anger faded, only his hollow eyes and hunched back remained. Liu Yuwei wanted to say something to comfort him, but words seemed so inadequate at this moment.
The cell phone suddenly rang, breaking the silence in the room.
"Hello, Ms. Liu, I'm a customer service representative from Huaxin Life Insurance. The million-dollar medical insurance you purchased from us is about to expire..."
"I'm not convenient right now, sorry!"
Liu Yuwei hung up the phone without thinking, but when he pressed the red button, an idea flashed through his mind.
Insurance companies….
Insurance!
"Old Niu!" She slammed the table so hard that the verdict fell to the ground. "Did Diya ever buy insurance for you, accident insurance or something like that? Many companies buy similar commercial insurance for their employees!"
The old cow shook his head, but after a moment his cloudy eyes lit up again.
"A delivery driver at another station broke his leg before, and I think he got compensation!"
He stuttered as he recalled, “But I thought it was workers’ compensation too!”
"If we find similar insurance materials, we can continue to appeal! Think about it carefully, and I'll go back and discuss it with the other lawyers in the firm!"
Liu Yuwei grabbed her bag and said goodbye in a hurry. As she rushed out of the basement, the spring sunshine bathed her face. The branches in the courtyard were already sprouting yellow-green buds. She mentally encouraged herself: it wasn't time to stop yet.
With a new line of thought, the case seemed to be making progress. The days that followed seemed to fast forward. Lao Niu tracked down the injured rider, and Liu Yuwei obtained the employer liability insurance records of Yas Company. Finally, within 15 days, they filed an appeal with the Chongqing Intermediate People's Court.
Just as she was anxiously waiting for the hearing notice from the second-instance court, Lawyer Tong called Liu Yuwei to his office and handed her a copy of the trial materials for another case.
A line of black words on the white paper hit Liu Yuwei hard - "Purchasing employer liability insurance cannot directly prove that there is a labor relationship between the plaintiff and the defendant." The official seal of the Chongqing Higher People's Court was glaring red at the end of the paper.
The second-instance ruling arrived sooner than expected, refusing to obtain insurance-related evidence and upholding the original verdict. Those few thin pages of paper were like a blow, bringing all the efforts back to square one.
It is said that there is always a way out, but every time I find a road that seems promising, I find that it is a dead end when I reach the end.
Before leaving get off work that day, an old lawyer from the public interest affairs team patted Liu Yuwei on the shoulder and kindly comforted her, "Sometimes, there's only so much we can do."
Liu Yuwei was wandering aimlessly on the street when, passing a bus stop, a giant movie poster caught her eye. A group of food delivery drivers in blue vests were smiling broadly. Just then, a "Little Yellow" electric scooter, racing against time, illegally entered the motorway and darted through traffic.
The mobile phone camera "clicked" and froze this moment.
She looked down at the photo, the stark contrast between her ideal and reality was heartbreaking. Her finger paused on the Weibo interface for a moment, and she slowly typed:
"At the end of the movie, the protagonist always finds a new direction after going through hardships. But in real life, there may be many twists and turns, but the only thing missing is that miracle."
The moment the send button was pressed, a drop of rain fell on the screen, blurring out the word "miracle".
…
After several hours of bumpy rides on the mountain road, the crew's minibus finally pulled into a small town on the southwestern border. Jin Lang leaned against the window as his cell phone signal finally switched from a choppy "E" to a stable "4G."
He stared at Liu Yuwei's Weibo post, his fingertips hovering for a few seconds. The photo he had finally loaded appeared before his eyes—a bus stop with the blurry silhouette of a delivery driver. The caption, "Only that little miracle is missing," pierced his heart like a needle.
He was too familiar with her writing style: public interest lawyer, delivery driver, frustrated tone... most likely her case had encountered obstacles.
He really wanted to call her directly to offer comfort, but that would inevitably expose the fact that he was "monitoring" her life, so he finally clicked on the private message box and left a message.
The dusk outside the car window gradually deepened, and the light from the screen reflected on his well-defined face.
He deleted and revised it, repeatedly pondering every word, so as not to reveal information that the netizen should not know, while also ensuring that the encouragement is delivered accurately.
After writing the message, Jin Lang added a cartoon emoticon of a hug - a chubby panda with its arms open, looking so cute that it makes people's hearts melt.
He imagined her expression when she saw this private message: perhaps a frown, then a slight relaxation of the corners of her mouth, and finally a sigh as she locked her phone...
Putting away his phone, Jin Lang gazed at the darkening sky. The mountain night sky was much clearer than the city's, and he could already see a few early stars. He suddenly remembered the last time they parted, the tips of her ears flushed before the elevator door closed.
That color is more memorable than any beautiful scenery before your eyes.
…
After returning home, Liu Yuwei sank into the sofa, like a plant wilted by a rainstorm, with her colleague's words "This is all we can do" echoing in her mind over and over again.
When she took out her cell phone before going to bed, she was surprised to find that the netizen named "LumosL" on Weibo had sent her a long private message.
Miss, I wonder if you have encountered any difficulties in work or life.
Sometimes I lament the injustices of society and fate, but in reality, each of us faces a structural dilemma unique to this era. The pursuit of justice sometimes requires circuitous progress. All we can do now is not give up and take each step firmly and steadily.
Finally, I would like to share a word of encouragement: when you hold up a torch for those in the dark night, the flames have already illuminated the road ahead.
After reading it word for word several times on her phone, she felt as if this girl understood her feelings. The final "maxim" was especially striking, as it resembled the motto she had written in a notebook when she first started working in the industry—a notebook she no longer had, and she had almost forgotten the phrase.
After thinking for a while, Liu Yuwei replied: "Thank you for your concern and encouragement. Your words light up others just like your name."
Burying her face in the pillow again, she found that the tightness in her chest had eased a little.
…
The next day, Liu Yuwei knocked on the glass door of Tong Lu's office with Lao Niu's case file.
"Yu Wei," Tong Lu looked up, the light from the window reflected on his glasses.
"Lao Niu, I originally wanted to give you this case as a practice, but I didn't expect it to be such a tough nut to crack!"
She took off her glasses, rubbed the bridge of her nose, and sighed again.
"It's no exaggeration to say that this is the most desperate case I've ever encountered in my career."
When Liu Yuwei heard the word "despair" from the mouth of a public interest lawyer who has been in the profession for almost 20 years, his breathing stopped and he even forgot what he was going to say.
Only when she saw the other party push the case file back in front of her did she find her voice again.
"Lawyer Tong, I don't think this case is over yet."
"What do you mean, are you planning to appeal again?"
Tong Lu's tone of questioning seemed to imply that this path was not feasible.
Liu Yuwei shook his head and brushed his fingers across the edge of the file.
"no!"
"Just because current laws can't solve a problem doesn't mean it won't be solved in the future. It took American lawyers 20 years to overturn racial segregation, and it took several years from your efforts to reform the guardianship system to the introduction of the new Minors Protection Act."
Tong Lu's brows relaxed slightly, and this subtle change gave Liu Yuwei courage. She straightened her back and spoke firmly.
"A teacher when I was in college said that lawyers are not only practitioners of the law, but also builders of the rule of law."
Liu Yuwei paused and took a deep breath.
"So, for the next while, I'd like to use Lao Niu's case to thoroughly sort out the employment situation on food delivery platforms and the legal dilemmas these riders face. I hope you can give me your support!"
This work might require a lot of time and resources, and the final output might not necessarily have any immediate effect. Liu Yuwei was not entirely sure.
"Liu Yuwei, you stole my line!"
Tong Lu suddenly laughed out loud, a satisfied look on his face.
"I was just trying to figure out how to persuade you not to give up, but I didn't expect you to come and teach me a lesson. You looked so dejected yesterday, how come you figured it out in just one night?"
Liu Yuwei smiled, and the encouraging words from netizens last night came to his mind. He also deliberately joked, "I have advice from an expert."
Tong Lu took out a stack of information from the bookcase. "I sorted these out over the past few days. I'll give you some for your reference!"
The flame of justice never truly extinguishes - it simply waits for a new torchbearer to continue this long relay.
…
Over the next month, Liu Yuwei and the lawyers at Tiancheng's Labor Relations Research Group worked diligently to illuminate the gray area of employment in the food delivery industry. They went undercover as delivery drivers, interviewed more than 20 delivery drivers who had suffered work-related injuries, and compiled thousands of legal precedents related to delivery drivers' labor relations.
Liu Yuwei eventually pulled two all-nighters and completed a legal report titled "Employment Notes for Delivery Riders." The title states, "I dedicate this article to all those workers struggling in the cracks."
After the release of this story-filled legal research report, the Tiancheng WeChat official account saw a meteoric rise in readership, with many prominent legal influencers actively forwarding it. Liu Yuwei also sent a link to the article to Lao Niu, sharing not only his own story but also that of many other riders who had been similarly trapped by the loophole.
Lao Niu, who was already preparing to cancel the lease, didn't expect that the situation would take a turn for the better.
That afternoon, he was packing his belongings when he suddenly received a phone call saying that Kaifanba Company was willing to pay him a one-time payment of 100,000 yuan in the form of "consolation money" and welcomed him to become one of the first full-time delivery riders of Kaifanba to enjoy five insurances and one fund.
At first, he thought it was a scam call; until he contacted Liu Yuwei again, he couldn't help but sigh, "God has eyes!"
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