一 | 据纵览新闻报道，浙江宁波某公司在年会前买了500多张彩票，在年会时发放给员工想让大家一起热闹热闹，烘托一下过年气氛。 Pope Francis’s July 24-29 tour of Canada included a long-overdue apology to Native Canadians for the Catholic Church’s central role in abuses perpetrated at the country’s network of residential schools.,The notorious boarding school system was funded and organized by Canada’s federal government and run by Catholic and Protestant churches. It oversaw the forceful and systematic assimilation, abuse, enslavement and even murder of Native Canadian boys and girls from the mid-19th to late 20th centuries. It was a particularly brutal and cruel, but by no means first or only, tool of oppression experienced by indigenous peoples during the European colonialists’ history in North America.,“I am here because the first step of my penitential pilgrimage among you is that of again asking forgiveness, of telling you once more that I am deeply sorry. Sorry for the ways in which, regrettably, many Christians supported the colonizing mentality of the powers that oppressed the indigenous peoples. I am sorry. I ask for forgiveness, in particular, for the ways in which many members of the Church and of religious communities cooperated, not least through their indifference, in projects of cultural destruction and forced assimilation promoted by the governments of that time, which culminated in the system of residential schools,” Francis said at the former site of the Ermineskin Residential School in Maskwacis, Alberta on July 25.,The pope assured his apology was “only the first step” of “a serious investigation into the facts of what took place in the past and to assist the survivors of the residential schools to experience healing from the traumas they suffered.”,Pope Francis Holds Mass in Quebec During Visit to Canada to Apologize to Indigenous Community28 July, 13:01 GMT,Assimilation,More than 150,000 Native children passed through the residential school system over its 160+ year history. Children were prohibited, often by physical punishment, from speaking their native languages, having their ancestors’ religious concepts replaced with Christianity, and facing their cultural traditions and social norms substituted for those of the colonialists.,The first experimental residential school was opened in Brantford, Ontario, in 1833, but the system only became a federally-mandated, national, industrial-scale tool of subjugation in the 1880s after Sir John A Macdonald, Canada’s first prime minister, ordered the commissioning of a report on the residential school system model being operated in the United States.,The report, entitled ‘Industrial Schools for Indians and Half-Breeds’, became the basis for Canadian state-church cooperation in solving the Indian “problem” by removing indigenous children from the influences passed down to them by their communities and family units.,© WikipediaIndian Residential School, (Fort) Resolution, Northwest TerritoriesIndian Residential School, (Fort) Resolution, Northwest Territories© Wikipedia,Along with forced assimilation, students were subjected to other forms of torment, including sexual abuse by priests and teachers, forced labor, and slavery. As of 2021, the National Center for Truth and Reconciliation has been able to identify 4,117 documented deaths of First Nations, Inuit and Metis children in residential schools. However, new graves continue to be discovered, and former Truth and Reconciliation Commissioner Murray Sinclair estimates that more than 6,000 children may have died in the residential school system over the period of its operation.,In his bombshell 2016 book “Murder by Decree: the Crime of Genocide in Canada,” writer and former United Church of Canada reverend Kevin Annett challenged the NCTR over its conservative estimates on the residential school deaths, detailing the commission’s suppression of eyewitness testimony and archival documentation, and estimating that the true death toll may have run in the tens of thousands. Annett documented how the system included a monthly “death quota” and involved the use of germ warfare, and believes that as many as 50,000 children may have perished in the residential school network.,Exploitation,Residential schools were by no means the first instance of settlers’ mistreatment of Canada’s indigenous population, with Britain’s victory against the French in the North American theater of the Seven Years’ War of 1754-1763 sealing their fate of subjugation and colonial land grabs, as well as the relentless and cynical exploitation of the most loyal tribes.,At the conclusion of the war in 1763, King George III issued a royal proclamation declaring all lands west of the Appalachian Mountains and the colonies of what would ultimately become the early United States as Native territories, outlawing their settlement or purchase by colonialists, and requiring treaty negotiations for any changes to the arrangement. In Canada –organized from the remnants of New France under the name ‘Quebec’, lands to the west and north of the colony were proclaimed Indian territory.,Centuries later, scholars continue to fiercely debate the correct interpretation of the proclamation, and whether it was meant as a permanent guarantee of Native rights to lands beyond the then-existent colonies, or a mere opportunity for colonists to catch their breath before continuing an aggressive push west.,© Photo"The British Governments in Nth America Laid down agreeable to the Proclamation of Octr. 7, 1763," Gentleman’s Magazine (London, 1763)"The British Governments in Nth America Laid down agreeable to the Proclamation of Octr. 7, 1763," Gentleman’s Magazine (London, 1763)© Photo,Even as colonists repeatedly broke the 1763 treaty’s terms throughout the rest of the 18th and 19th centuries through wars of aggression and by taking advantage of divisions within Native tribes through cunning and trickery, many Natives remained loyal to the Crown.,Perhaps nowhere was this better exemplified than in the story of Joseph Brant, an 18th-century Mohawk military and political leader who led his warriors in defense of the British Empire during the American Revolutionary War of 1775-1783, and whose efforts proved decisive in halting an American advance into what is now Canada.,In return for the loyalty shown by Brant and his fellow Mohawks, Quebec Governor Sir Frederick Haldimand promised that after the war, his people would be granted more than 8,090 square km of land around the Grand River Basin in southern Ontario. However, after the war ended in 1783, the settlers would gradually chip away at their commitments, with the Native-administered area now known as the Six Nations Reserve shrinking to just 183 square km of land, two percent of what Brant was originally promised.,Brant’s story was repeated in one form or another throughout the 19th century, and today just 0.36 percent of Canada’s total landmass has reserve status for its Native communities.,© Wikipedia / National Archives of CanadaJoseph Brant, watercolour by William ArmstrongJoseph Brant, watercolour by William Armstrong© Wikipedia / National Archives of Canada,Discrimination,Notwithstanding decades of recognition by successive governments of the historical injustices done to indigenous people, and lip service to improving their social and economic standing, Canada’s community of 1.67 million Natives continues to struggle with a broad spectrum of problems more typically characterizing countries of the so-called Third World than of a thriving, highly developed First World nation.,The Council of Canadians estimates that some 73 percent of First Nations’ water systems are at medium or high risk of contamination, with dozens of indigenous communities still lacking basic access to clean drinking water, despite billions of dollars in aid doled out by Ottawa every year to developing countries, and over a billion dollars in support sent to Kiev this year amid the Ukrainian security crisis.,Along almost every social indicator, from poverty and access to housing to crime, education, and healthcare, Native communities continue to rank below other Canadians. Nowhere is this exemplified better than in average life expectancy. While other Canadian men and women live on average to an age of 79 and 84 years, respectively, among the First Nations, Metis and Inuit, these figures drop to 72.5 for men and 77.7 for women.。没想到的是，一位员工的彩票竟然幸运地中了一等奖，奖金高达608万元！然而，公司在得知此事后，要求员工退还这张彩票，并计划将奖金平分给所有参加年会的人。
二 | 对于公司的要求，员工并不答应，为此，双方闹到了派出所。对于此事，属地派出所表示，确实处理过这起纠纷，因为是一起民事纠纷，已建议当事人通过法律途径解决。更戏剧性的是，该公司知情人士透露:其实彩票发员工手上时中奖号码已经公布了。发彩票前，公司老板交代财务人员先核对彩票是否中奖，确认没中奖后再下发。估计财务人员未核对清楚，就发放了彩票。潇湘晨报记者未采访到该事件相关的企业及当事人，记者通过搜索发现，2023年，也有类似的信息出现在网络上。国家“双千计划”法学专家、芙蓉律师事务所主任陈平凡表示：公司得知员工中奖后要求退还的做法，既不合理也不合法。彩票一旦售出并交付，其所有权即转移给购买者或受赠人。在此案例中，公司将彩票作为年会礼品赠送给员工，员工接受后，即形成了完整的赠与法律关系，彩票的所有权随之转移给员工。因此，公司要求员工退还彩票缺乏法律依据。对于上述纠纷，陈平凡也给出了他的法律建议：员工方：应坚持自己的合法权益，拒绝公司的无理要求。
三 | 同时，准备好相关证据，如彩票领取记录、中奖通知等，以证明自己的合法所有权。
四 | 若公司采取进一步行动，如克扣工资或威胁解雇等，员工有权向劳动监察部门投诉，并寻求法律援助。公司方：应认识到自己的错误，尊重员工的合法权益，避免采取进一步的违法行动。建议公司加强与员工的沟通，通过协商或调解等方式解决纠纷，以维护和谐的劳动关系。同时，公司应吸取教训，在未来的福利发放中明确权属约定，避免类似纠纷的再次发生。总之，在处理此类纠纷时，应尊重法律原则，保护员工的合法权益，维护和谐的劳动关系。潇湘晨报记者曾永红 曹伟报料、维权通道：应用市场下载“晨视频”客户端，搜索“报料”一键直达；或微信添加报料客服：xxcbcsp；或拨打热线0731-85571188。如需内容合作，请拨打政企服务专席19176699651。
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