Li and her husband Yang married with a son after rain, two people due to discord in September last year because of divorce, Yang often overseas travel, by Li Mou son rain upbringing, Yang monthly 600 yuan to support. Not long ago, Li Mou to remarry after unwilling to grandma and grandpa visit rain on the grounds, refused to rain grandma and grandpa to visit the child, the two old people often do not see the sun, even want to prosecute former daughter-in-law, asking the court to confirm the visiting grandson right, but I do not know whether reasonable?

Tai Hing court judge Ya Dong: "marriage law" the thirty-eighth stipulation: "does not directly bring up the children after divorce, the father or mother, have the right to visit the children, the other party has the obligation to assist." Therefore awarded custody of the child one side, the law the non custodial parent visitation right is as one of the basic rights of parents, but the law does not give the child's grandpa grandma or Grandpa and Grandma as the main body, the visitation rights so, if the child has divorced father or mother, especially in custody a married again, for the child's grandpa and grandma or grandpa grandma visits have objection, grandpa grandma or Grandpa and grandma insisted on visiting grandchildren claims, the law does not protect.

2.The field of negative injury where a lawsuit

My father is from Liaoyang, he went to Chifeng to work out recently. In his work, from the iron caused by blind in one eye. He came to this place for only two or three days, and the boss did not sign labor contract. The boss want to settle, we do not agree with, want to ask for compensation, whether to go to Chifeng. If injury, compensation by what criteria? Lingshan reader Mr. Xu

[] ask you: Liaoning promote firm Liu Tingyi lawyers need to introduce, where the defendant or the labor injury location procedure. If identified as work-related injuries, compensation in accordance with the regulations of work-related injury insurance. Do not sign labor contract, does not affect the establishment of labor. But the process is complex and lengthy. Need several parts: firstly, to where the defendant or the labor arbitration committee of labor injury where the confirmation of labor relations (because there is no sign labor contract), if a party refuses to accept, filed a lawsuit to the people's court, after a trial of two instance, confirmation of labor relations. The labor department confirmed inductrial injury, if the parties failed to reach an agreement, they may file an administrative action to the people's court. Finally, the labor arbitration committee for arbitration inductrial injury treatment, if a party refuses to accept, may bring a lawsuit to the people's court.

3.

Lawyer: can not think how on how buckle buckle

With Chen's doubt, the reporter interviewed Beijing city Fengtai District labor union mediation center, Beijing Dong Yi law firm lawyers Xu Yan yan. Mr. Xu said, please leave how to staff wages, China's laws and regulations are not detailed, specific to the case, should be based on the rules and regulations of the company and the labor contract. But regardless of the rules and regulations of the company or the labor contract, are not beyond the law mandatory and principle.

"Labor law" fiftieth stipulates "shall not deduct or delay the payment". In this case, the employing units to company for the regulation, take a day keep two days wages, then take a day leave, employees will one day work is in vain without payment, against the payment according to China's basic salary system, but also directly violated the law can not deduct the wages to labourers mandatory provisions. Besides, please leave can not be used as a breach of the company regulations Punishment seems, unit didn't punish the rights of employees. So, take a day for two days wage garnishment is illegal.

To leave Beijing, City Hall promulgated "Beijing City wage payment regulations" clearly stipulates that "the laborer during the leave, the employer can not pay their wages", that is to say, the law allows a maximum of deduction of wages during the leave laborer did not work, but can't buckle. Namely, the employer can deduct Chen 7 days leave the daily wages, but definitely not the employer want how how buckle buckle. If the employer still persist in wilfully and arbitrarily, Chen has the right to resort to law.

4.Elevator noise residential developers should bear the responsibility

Mr. Xu Q: I bought a new house, in others when found the bedroom by the elevator machine room noise severe infestations, seriously affecting the rest and life. I repeated representations and developers, but not always reply. Can I ask developers to repair and compensate my loss excuse me?

Answer: developers as the sale, quality and function and ancillary facilities to deal with housing with the contract or legal standard burden implied warranty liability. At the same time, according to the "measurement method" of city regional environmental noise, if the noise of elevator does affect your living, constitute a certain impact on your night's rest, you can ask the repairment of elevator noise problems to developers and demand compensation.

5.Did not apply for work-related injury insurance can also enjoy the treatment of work-related injuries

Mr. Liu: I to a forging company engaged in repair work, work eleventh days, because of the operation of the machine is not skilled at work by a crowbar, wounded, has two inpatient treatment, and identified as disability level ten. Does the unit didn't give me for work injury insurance, I can enjoy the treatment of work-related injuries?

Answer: the labor contract law, with employee employer that establish labor relationships with workers, employers shall for the workers to participate in work injury insurance, the employer has not for the workers for work injury insurance does not affect the laborers to enjoy the corresponding treatment of injuries. Your casting and forging company should bear in the absence of the workers to participate in work injury insurance consequences.

6.The death of his father, stepmother testamentary triggered sub dowry

Lee primary school parents divorced, father raised its return. After his father remarried, married and had one daughter. Lee and her stepmother kept, resulting in a parent-child relationship is tense. After his father announced and Lee from the relationship between father and son, both sides set written evidence, students do not raise dead, buried.

A few years later, Lee's father died of illness, leaving behind a note: the real estate and deposit on average to Lee, now his wife and daughter. But in the implementation of wills, Lee mother stop Lee inheritance, said Lee and his father has been out of the relationship between father and son, not inherited his father any legacy.

Legal experts explained: in accordance with the relevant provisions of the marriage law, inheritance law, father and son relationship instead of blood, relieve. Lee and son "from the father son relationship" receipt, no legal effect. Li father's last will and testament if it is effective, it should be a separate production. (Zhang

7.Minimum wage standard contains the social security fee

Resident Mr. Zhang asked: I work in a private enterprise in Taiyuan City, and the unit signed a labor contract. The contract expressly stated, monthly wages standard shall not be lower than the standard of Taiyuan City, the monthly minimum wage, at present the city zone of Taiyuan City, the monthly minimum wage standard is 980 yuan. The last two months, I get monthly salary less than 980 yuan. The boss said buckles pension, medical insurance, get in the hands of nature is less. I want to know this legal?

Answer

Taiyuan City Center for legal aid lawyers money back:

According to the former Ministry of labor and social security "minimum wage", the minimum wage is that workers in the statutory working hours or to sign labor contract work time, provided normal labor, the employer shall be paid the minimum labor remuneration.

In determining and adjusting the minimum wage standards, factors that should be considered in the local employees and the support of the population, the minimum living expenses of urban residents' consumption price index, paid by employees of social insurance and housing accumulation fund, the average wage of workers, the level of economic development, employment status.

In determining and adjusting the minimum wage standards, should be based on the promulgation of the monthly minimum wage standards, consider the basic endowment insurance and medical insurance factor unit should pay, should also be appropriate to consider the differences between the part-time workers in job stability, labor conditions and labor intensity, welfare and full time employment.

That is to say, the country in the determination of minimum wage standard has been considering the social security expenditure, social security payment if wages in partial deduction and issued to pay Mr. Zhang personal hands is equal to or larger than the minimum wage standards, the enterprise is not in violation of the law. (

8.The child's ex-wife husband rights to name

A few days ago, Changping District North Street street legal service room door was open, a man named Wang Jun (a pseudonym) man hurried through the door. He and his ex-wife Li Mei (a pseudonym) agreed to divorce, 4 years old children with ex-wife life, his monthly payment support. In March this year, he learned that his ex-wife remarried after the child's name changed to his stepfather's surname, very angry, but do not know whether it was legal to his ex-wife, consulting. He asked, if the child with his stepfather's surname, whether they can no longer afford the child support?

North street legal service center staff said, "according to the provisions of the marriage law" and related judicial interpretations, after divorce, one party to give children change must obtain the consent of the other party. If a child under the age of 18 to become full capacity, can determine their own name. Wang Jun could not refuse to pay child support to change. Because the support, children education is the law entrusts with the obligation of parents, parents can not under any pretext, refuse to perform.

The legal service center staff recommendations, the matter resolved by mediation is more appropriate, not to cause psychological damage to the child, but also can make things work. So the staff to find Li Mei, to explain the relevant laws, regulations and policies of the state, the principle of mutual understanding and accommodation, in the premise of not hurt feelings of claims, the final, Li Mei finally agreed to resume their original name. (

9.Take individual account pay can be recognized the existence of labor relations

Take individual account pay labor relations can be

In March this year, I was hired by a company in Anhui, responsible for the development of the Beijing market. Before, units are not their contracts, to pay more than women in both the floor or the Chengdu is to give her issued by the accounting through personal accounts. Ms. Yu consulting, wages by the accounting through personal account to employees, whether recognized the existence of the labor relations?

The lawyer thinks, accounting through individual accounts for employees wage behavior is not determined whether there is key both sides of labor relations, according to the Ministry of labour in [2005] 77 document, suggested that workers pay attention to the collection of the relevant evidence materials, such as badges, uniforms or with the customer to sign the relevant contracts to be sufficient evidence, evidence, can go to apply for labor arbitration, request for confirmation and units of labor relations. If confirmed the existence of the labor relations between the two sides appeal is arbitration institutions approved, then workers may require units pay did not sign a written labor contract double pay the difference. (

10.Give employees annual leave the employer is a legal obligation

Flower lady has been in a restaurant for nearly two years. Because she failed last year to take annual leave, recently asked the boss to give compensation, but the boss refused, the reason for the only individual industrial and commercial households, and the flower lady had not introduced vacation. Face the boss use lame arguments and perverted logic, flower lady looked very helpless.

Law pointed out, on the one hand, individual industrial and commercial households employees also have annual leave. According to the "Regulations on paid annual leave for employees" the relevant provisions, individual businesses with employees employees work for 1 consecutive years or more, enjoy paid annual leave.

On the other hand, employees without asking for leave of absence does not mean giving up. According to the "enterprise employees paid the relevant provisions of the measures for the implementation of" leave, annual leave is actively arranged by the employing unit, is the use of compulsory units, rather than by the need for employees to perform active. Even if the workers do not apply, the employer should also be active, but not as a waiver. Only the employer for workers to take leave, but staff voluntarily give up, to give up on their own treatment. ( Yuan Mei)

11.Employee annual leave the employer is not required shall be paid three times salary

Readers: I have been working continuously in the flower buds of an individual industrial and commercial households restaurants nearly two years. Because I am not in 2011 to take annual leave, recently I asked the boss to pay compensation, but the boss said he only individual industrial and commercial households, and I did not put forward vacation. I would like to ask: boss reasons?

The expert replies: the boss is untenable. "Regulations on paid annual leave for employees" second stipulates: "the organs, organizations, enterprises, institutions, private non enterprise units, individual businesses with employees and other units of the workers work for 1 consecutive years or more, enjoy paid annual leave." As long as the employees work for 1 consecutive years, individual industrial and commercial households must also ensure that employees enjoy the annual leave. Employees without asking for leave of absence does not mean giving up. According to the "enterprise employees paid vacation implementation measures" provisions for annual leave the employing units should be active arrangement, is the use of compulsory units, rather than by the need for workers take the initiative to start. Only the employer for workers to take leave, but the workers for personal reasons, has written to give up, to give up on their own treatment. The boss can't because you never ask for a holiday and deny your right. At the same time, the employer shall pay compensation. "Enterprise employees paid as prescribed in the first paragraph of article tenth measures:" leave "the employer by the employee agrees not to arrange annual vacation or arrange staff annual leave days than the days of annual leave due, shall within the year in workers should not break off on vacation days, according to the daily wage income of 300% not to pay Hugh annual leave pay, including employers to pay workers during normal working wages." (

12.The Contractor shall do to work-related injured

Lee: I was seriously maimed in the work site, but I was the contractor employs over, and construction units without the labor contract. So, can I apply for work-related injuries?

Ambitious law firms Jiang Jian answer: according to relevant regulations, employing units of construction, mining enterprises will Engineering (business) or management right of contracted to do not have the qualification of employment organization or natural person to hire workers, the organization or natural person by with the employer wage lattice labor responsibility assume. Therefore, you can apply for ascertainment of a work-related injury. (

13.The house can be sold to others

Wang Q: I recently bought a set of second-hand housing, signed the contract, but not for the transfer, please, homeowners also sold the house to others?

Answer: it is possible. In order to protect your rights, you can notice registration. According to the law, the parties entered into a purchase of housing or other immovable property agreement, in order to ensure the realization of the real right in the future, in accordance with the contract, may apply to the registration authority for registration. After the advance notice registration, without the consent of the holder in the advance notice registration, no right to dispose of the property.

14.Not signed labor contracts without a month in advance to apply for resignation

2011 August, Liang Mou for candidates to a food company in Yishui dry packaging, the company did not sign labor contract with him, they gave him no payment of social insurance premiums. After two months, because have development additionally, Liang Mou in put forward resignation to the company has not been approved, who left the company. To wage settlement day, Liang Mou to receive wages, the company has its not one month in advance to resign to leave the grounds, refused to pay their wages, Liang Mou does not agree, in many negotiations fail circumstances, complaints to the local labor security supervision department.

"Labor contract law" the tenth stipulation: the establishment of labor relationship, a written labor contract shall be concluded. Labor relationship has been established, not to conclude a written labor contract, a written labor contract within one month of the date should be occupied. Rule thirtieth: the employing units shall, in accordance with the labor contract and the provisions of the state, to the workers to pay the labor remuneration on time and in full. Thus, the company did not sign labor contracts with workers, not to the workers to pay social insurance premiums in itself is illegal, the laborer shall have the right to resign at any time, no need to apply for a month ahead of schedule, but the company refused to pay wages to Liang Mou is obviously wrong. The labor security supervision personnel after investigation and verification, the company issued according to law shall be ordered to make corrections instruction book. At present, the company has paid a wage.

15.I'm going to give him the bike

 Mr. Xu Q: I bought a bike in a small store, soon listen to the neighbor said this bike is he sent to the store, do not sell. Excuse me, I have to take the bike back to him?

Answer: it depends on whether you are bona fide and. According to the law, bona fide acquisition refers to the person unauthorized to dispose of immovable property or movable property is transferred to the assignee, the owner is entitled to recover; except as otherwise provided by law, in accordance with the following situations, the transferee of the immovable property or movable property ownership: the assignee accepted the immovable property or movable property in good faith; transfer to a reasonable price; the transfer of immovable property or movable property in accordance with the law shall have the registration registration registration is not required, has been delivered to the transferee.

16.What does not belong to the category of income of workers wages

Recently, Ms. Li Leshan city to telephone counselling, I work in the human resources department of the company, often deal with labor, wages and other aspects of the matter, but because he is not legal professionals, so in some ways is not very understand. I would like to ask: what does not belong to the wage income of the worker category?

Is Ms. Li Leshan consultation, our guest Sichuan Guangli firm Liu Dong lawyers are as follows: to answer what income of the worker does not belong to the category of wages, human resources and social security of our department and bureau of statistics are provided.

1. [1995]309, the labor department "on the implementation of 'issues' labor law of the people's Republic of China" the views of the provisions of article fifty-third, workers' labor income does not belong to the scope of the wage paid to the workers: unit of individual social insurance and welfare expenses such as funeral, Fu T-shirt relief, the difficulties of life grants, subsidies and family planning; cost of labor protection, such as the employer shall pay to the worker's overalls, antidote, cool drink costs; in accordance with the provisions of the total wages paid not involved in all kinds of labor and other labor income, such as the state according to the regulation issued by the invention award, national Spark Award, award of natural science, reasonable, scientific and technological progress award Improvement Award, the grand skill award suggestion and technology, as well as remuneration, lecture fees, translation fees etc..

2, the National Bureau of Statistics "on the payroll of the provisions" (No. first, published 1990) the provisions of article eleventh, the following items not included in the scope of total wages: (a) according to the relevant provisions of the State Council issued by the invention award, award of natural science, science and Technology Progress Award and the payment of reasonable suggestions and technical improvement and paid to the athletes, coaches award bonuses; (two) the cost of labor insurance and employee benefits; (three) the expenditure of retired, retirement, retirement benefits; (four) the expenditure of labor protection; (five) payment, lecture fees and other special payment (; six) travel food subsidies, subsidies, transfers the work meal travel and relocation expenses; (seven) compensation paid to bring their own tools, livestock enterprises staff tools, livestock use; (eight) the risk compensation income lease operating units of the lessee; (nine) payment to buy the stock and bond employee dividends (including bonus) and interest; (ten) shall be paid by the enterprise labor contract labor contract workers of Medicine Medical subsidies, subsidies for living; (eleven) and in the wage offer labor unit to pay fees or management fees to outward by hiring temporary workers; (twelve) to pay the processing fee to the family of the workers and the processing method according to order payment to the Contractor's contract costs; (thirteen) payment to participate in the enterprise labor student subsidies; (fourteen) the family planning one-child allowance. The National Bureau of Statistics "to explain the fourth regulations" provisions on the payroll of some specific range, range on the payroll of the project does not include: (a) the relevant labour insurance and welfare expenses. (two) various expenditure of labor protection.

17, the staff of labor inspection team Changsha City said, according to the "labor contract law" eighty-second stipulates: "the Employer from the date when the employee more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times." For wage arrears phenomenon can be found, labor capital business registration address, and reflect the situation to the corresponding region of the labor inspection team.

18.What sick leave will not be able to take annual leave

Editor comrade:

I in 2010 January and the company signed a 4 year contract. Company rules after one year work can take years off. Three months ago, I heal for stomach trouble, ask for 7 days sick leave to the company. Recently, I propose to take annual leave in 2011 to the company, but was refused, the reason is in accordance with the provisions of my annual leave of only 5 days, and I leave 7 days annual leave, sick leave allowance, I also took 2 days, the company does not pursue which has 2 days to me extra care, I should not mention unreasonable demands. Excuse me, can I have had taken sick leave allowance annual leave?

Beautiful readers:

Should first clear, sick leave and annual leave are two different concepts.

Sick leave is the medical staff for the treatment of diseases and must rest treatment period. According to the "Regulations workers Yingongfushang illness or medical period", the sick employee, the employer shall give medical treatment and rest time and may not terminate the labor contract, and shall be subject to the sick pay in accordance with the law: (a) the actual work experience 10 years, in the working life of 5 years for the following 3 months; 5 years for 6 months. (two) the actual work experience more than 10 years, in this unit work life of 5 years for the following 6 months; 5 to 10 years is 9 months; 10 to 15 years is 12 months; 15 to 20 years is 18 months; 20 years for 24 months. As you reflect the situation, you leave the most long time for 3 months, and is not extended.

The annual leave is the employer no matter whether employees are sick, must be given a rest day. According to the provisions of "Regulations on paid annual leave for employees", a total staff of over 1 years but less than 10 years, annual leave 5 days; already full 10 year and less than 20 years, annual leave 10 days; already full 20 years, 15 days of annual leave. This conversion, your annual leave for 5 days.

According to the relevant regulations, workers on sick leave is not to take annual leave. But will leave allowance annual leave is restricted. "Regulations on paid annual leave for employees" fourth article: "workers have one of the following cases, was not entitled to annual leave: (a) the workers shall enjoy the summer and winter vacation, the leave days more than the days of annual leave; (two) the staff please leave accumulated more than 20 days and the unit does not deduct wages in accordance with the provisions; (three) the cumulative work full 1 year and less than 10 years of accumulated sick leave employees, more than 2 months; (four) the cumulative work full 10 year and less than 20 years of accumulated sick leave employees, more than 3 months; (five) the cumulative work full 20 years of staff, please leave accumulated more than 4 month."

From your situation, if you leave the full 2 months, cannot take annual leave, but you have to ask for sick leave for only 7 days, the company still must give your annual leave pay.

19.A late penalty 100 let employee dissatisfaction

Two days before the Spring Festival, Ms. Niu in the work of a decoration company was half an hour late for work. The bylaws stipulated late for a deduction 10 yuan, before also according to this standard punishment of other employees. However, the leaders said, to use heavy cattle lady 100 yuan to remind others.

"My monthly salary was 1300 yuan, 100 yuan of punishment is equivalent to our two days wages, punishing me like this reasonable?" Yesterday, Ms. Niu to reporters about the dissatisfaction. To this end, the Municipal Federation of trade unions legal service center Cao Lei lawyers are analyzed.

Cao Lei thinks, the fine is one of the types of administrative punishment, can only be exercised by the administrative organ or the exercise of state power authorized by law to exercise the administrative power of the organization, the employer does not have the "penalty right". But in reality to their own employees fined gives many employers still in the rules and regulations in the right. There are two reasons: first, the law is to protect the legitimate rights and interests of workers, but also to protect the normal, effective labor management and enterprise management by the employer, and the employer's legitimate rights and interests of the maintenance enterprise. Secondly, the law does not expressly prohibit enterprises to implement economic sanctions on the staff. The late should belong to the violation of labor discipline, employers have the right to punish such acts in the regulations or business rewards and punishment system.

According to the "Beijing City wage payment regulations" spirit, enterprises can take the management deducted wages out of the way, but the deduction of wages must be in accordance with the labor contract, collective contract or the unit's rules and regulations, and shall not be less than the amount after the deduction of wages in Beijing City, the minimum wage standard. Need to pay attention to is, "deduction of wages" and "fine" is not equivalent, net of management rights pay bonuses belonging to the unit, but require workers to pay cash fine is in violation of the "administrative punishment law" behavior.

20.The wrong food, who should foot the bill?

Ms. Chang Q: not long ago I and friends dinner in a hotel. During the dinner, the waiter came and said she would a dish of seafood others point to our table, but the food has been eaten. After dinner, the hotel let me pay for the wrong food, I don't agree, do the wrong dish who should foot the bill?

Answer: you mentioned the problem is that we in the hotel dining often happened in our civil law, which relates to the unjust enrichment system. Legal provisions: no legal basis, obtain improper benefits, resulting in another person's loss, the illegal profits shall be returned to the person who suffered the loss. Take a bona fide, only the responsibility of existing interests negative return, if the interest is not present, then avoid the returning responsibility. Take the man-made malicious, it should return the original, the original can not refund, compensation should be discounted. You unknowingly, the hotel will be on the wrong dish, which belongs to the "good faith" unjust enrichment, should only extant interest negative return liability, but the wrong food is edible, already does not exist. Therefore, responsibility for your return has been released, there is no need for you to pay the bill.

 

21.

Mr. Zhou asked: my brother often gambling debts, the recent debt of the people to my house that my brother had contracted to set off, they had signed the contract, excuse me, what should we do?

Answer: the contractor to mortgage or offset the debts to the land contracting right of management, shall be deemed as invalid. This damage, the parties concerned shall bear corresponding civil liabilities. Therefore, you may apply to the people's court for confirmation of debt agreement is invalid.

22.

The labor contract expires, the workers were still working in the employing unit, unit fails to conclude a written labor contract with the laborer, the two sides form a factual labor relations, unit shall not be no labor contract, easily dismissed workers. In this case, the company suddenly informed laborer rescinds the labor contract, should pay economic compensation in accordance with the "labor contract law".

Cao Lei explained, because the workers in the employer has some work experience, to renew the labor contract may be related to changes in position, job, wages, insurance, welfare and other content, to the unit and the laborer to restart negotiations, conclude a written labor contract new dynamic. If the original labor contract in part still apply, should also be clearly agreed in the new labor contract, both sides can clear rights and obligations.

To renew the labor contract may also involve non fixed term labor contract problem. According to the relevant provisions of the "labor contract law", if the employer and the employee have two consecutive sign a fixed term labor contract renewal, again, unless there are special circumstances stipulated by law, workers may require the employer to conclude a non fixed term labor contract, the employer shall not refuse. (

23.The grandson daughter-in-law father-in-law enjoy priority custody

Mr. Tung's son was killed in a car accident, his grandson daughter-in-law raised by. Because miss grandson, he wanted to get custody of the son, asked whether feasible.

According to the "general rules of the civil law", the parents of a minor are the guardians of minors. The parents of a minor are dead or not care ability, can be made to have the ability to monitor the grandparents, etc. as a guardian, if other close relatives, friends willing to bear the responsibility of guardianship, the unit must be approved by the minor's parents, the parent's or minors domicile residents' committee, villagers committee. (

24, the employing units shall, without a fixed term labor contract with you. Now the second time the contract expires, if the employer does not agree to renew the non fixed term labor contract, to find out whether the above legal problems, and according to the compliance with the labor contract law stipulates that the forty-sixth case to pay economic compensation to the laborer. The economic compensation standard according to the provisions of article forty-seventh, the economic compensation to workers in this period of work units, each for one year to pay one month's wages paid to workers. More than six months but less than one year, calculated according to a year; less than six months, half a month to pay economic compensation to the laborer wage. The monthly wage of workers three times higher than the average wage where employers and municipalities, districts and municipal people's government announced last year in the region of the monthly wages, payment of economic compensation standards to pay three times the worker is mean monthly salary amounts, to pay economic compensation does not exceed the maximum period of twelve years. This article referred to is the monthly wage of workers in the labor contract is rescinded or terminated before twelve months average wage.

25.

Buy "critical food" will return

The old ma and his wife in the supermarket to see a yoghurt make "buy one get one" promotional activities, bought a case. A closer look at home for a period of one year, and then look at the production date of January 16, 2011. Yogurt in 3 days overdue, but can't drink two people a month. The old ma came to the supermarket to return, the supermarket answer: no quality problem cannot be returned; don't pay attention to shelf-life is your responsibility. Businessmen say right?

Comments: businessmen say wrong, in accordance with the provisions of relevant laws, shall return.

Merchants sell "critical food", businesses have special note obligations. The State Administration for Industry and Commerce "standardize food Sok Sok card ticket system and purchase ledger system guidance" provisions: shopping malls can be on the "critical food" promotion, but we must do two things: one is to place in the sales concentrated display; two is to be eye-catching tips to consumers. General durability in more than half a year, before the expiry of 15 days to the public; shelf life for more than two years, the last 30 days is "critical period"; and shelf-life of only one month, the last three days to express "this product is about to expire, special treatment" and other words. Any hint obligation, constitute a violation of consumer's right to know.

　　"Birthday cake" deterioration in the warranty period, who bear the responsibility

Mr. Wang is determined by the lunar January at home for the 80 birthday of father Wang uncle do a celebration dinner. For 2 days to buy a cake box, put in the shade. The afternoon to open a box, a piece of cake on the grey fluff. The outer packing box of cake are labeled on "normal temperature preservation". Mr. Wang immediately to the cake shop for replacement or refund, but was refused. Cake appear metamorphism in the warranty period, the consumer can only stop?

Comments: the cake shop shall bear the responsibility for the quality deterioration of the cake. The provisions of national food shelf-life is important to ensure food safety, the shelf life of meaning is to ensure quality within the prescribed time limit, safe food; two is more than the shelf life of food may not be sold. You buy the cake is degenerate in the warranty period, but also the food packing box marked on normal temperature preservation, if the store would be consumers improper storage bears the burden of proof, as there is no evidence that consumers are improperly stored, shall be responsible for the quality of the cake shop. In this regard, Mr. Wang are fully justified in demanding a refund or replacement of the cake shop.

　Poor food caused personal injury, how compensation

She went to a supermarket to buy milk, catch Rangli promotions, once bought 10 bags of milk powder. Son eating the milk powder a few days, began to diarrhea, she spent more than 900 yuan for medical expenses for son cure. After the inspection of the Department concerned, the milk as the inferior milk powder. She find the supermarket for the return and compensation for the losses, the supermarket only agreed to return, do not agree to compensate.

Comments: the consumer rights and interests protection law seventh stipulation, in the use of goods and services consumers enjoy without damage and safety of person, property rights. A consumer shall have the right to require that commodities and services provided by a business operator meet with requirements for the safety of person and property. The provisions of article forty-first, the operators to provide goods or services to consumers or other victims, resulting in personal injury, shall pay the medical fees.

The businessman shoddy, inferior food as qualified food, belonging to the fraud, should also bear the punitive damages. So, she can ask the supermarket milk purchase price by 10 times the amount of compensation, if not to be sued to the court to protect their rights. (

26.The employer cannot stop production downtime wages

During the Spring Festival, some enterprises because of the needs of production and operation, to enter the shutdown state; some enterprises need employees to work overtime. The different situation, compensation should be calculated, become a festival of concern topic.

Yesterday, Miss Zhao call 12351 staff service hotline, said his unit as the Spring Festival period of production, let the staff 20 days in advance began. Thought is a good thing, you can spend more time with my family, but Miss Zhao after the Spring Festival was informed that the company work, only to the Spring Festival holiday wages, other time off without pay. So, call the consulting company approach is reasonable, if not reasonable, the hope can help them make a statement.

Beijing Federation of trade unions legal services lawyers said Cao Lei, the employing units in the shutdown period, can not arbitrarily reduce the labor contract workers salary standard, also cannot suspend payment of salary.

According to the relevant regulations, non shutdown, the employer employee business caused by reasons, in a wage payment period, the employer shall provide normal labor wages paid to the employees; more than a wage payment period, can according to their labor, the payment of wages in accordance with the new standards agreed by, but not under standard of this city minimum wage; the employer arranges laborer to work not, shall pay the laborer basic living expenses according to not under standard of this city minimum wage 70%.

In this case, Cao Lei's lawyer suggested Miss Zhao, can advance consultation with business, require companies to pay compensation according to the law. If the negotiation fails, re dial 12351 staff service hotline or to the business district to apply for labor dispute mediation. (

27.Format clause did not inform the insurance company according to the actual end 300000 claims

A trading company in the unit has been used for 13 years in a car to insurance companies, insurance type is against all risks, the insured amount of 300000 yuan, the insurance company paid fees issue insurance policy. The period of insurance, the car is stolen, no whereabouts. Trading company requires insurance companies by 300000 yuan to 80% claims. The reason is: 1 the insurance amount of 300000 yuan, is to negotiate the insured and the insurer determined; 2 the car purchase is 13 years, but rarely used, and the maintenance is very good, so that the value of 300000 yuan in line with the actual, the insurance amount does not exceed the actual value; and the insurance company according to the insurance amount of 300000 dollars. Insurance premium. And insurance companies will only agree to give 100000 yuan 80%. The reason is the original insurance policy back printed the "motor vehicle insurance clause", "the amount of compensation has been stated in terms of" calculation.

So, the insurance company should be in accordance with the amount of the claim?

Legal experts think, should be based on the actual value of 300000 yuan compensation. Firstly, according to the "insurance law" provisions. Insurable value of the subject matter insured, shall be agreed by the applicant and the insurer and in the contract, also can determine the actual value of the subject matter of the insurance accident insurance in accordance with the. Secondly, the insurance company said "motor vehicle insurance clause", not in this case binding. Because, the proposal form is a written offer the applicant to apply to the insurers, insurance policy holders received in a single, after each audit, the insurance conditions, insurance acceptance, to sign in the proposalform stamp. After the insurance company as soon as possible to issue a policy, the formal policy only unilaterally signed and sealed by the insurance company. "Motor vehicle insurance clause" not on the form, the insurance company did not inform the insured, and later appeared in the insurance. Such an important clauses should be regarded as a new offer, but the insurance company has neither to the insurant and insured inform without approval, therefore invalid. So, the insurance company shall claim in accordance with the actual value of 300000 yuan

28.The resignation of employees' wages deposit is reasonable

But "fifteen" or "year", which has not been finished, Yinchuan Yang lady will have a Naoxin thing -- company years ago to work because she leave to withhold part of wages, when she resigned, the boss did not return her the deposit, "this kind of thing, how do I do?"

In January 30th, Ms. Yang reflects their experience to the reporter. A mobile phone shop Ms. Yang in July last year to Yinchuan City, Zhejiang city to do the promotion, the entry is not signed labor contracts, and pay five hundred yuan deposit, the reporter saw the deposit receipt is written: "we have received Yang goods guarantee fund 500 yuan", inscribe the boss name and company stamp. "At the end of 12 home in a hurry, I asked for a month off, until January 15th of this year should be made on the monthly wages 1937 yuan, but the boss just to send 1000 yuan." Ms. Yang said angrily told reporters, the owner's clothing costs 200 yuan (clothing expenses totaling 520 yuan last month, buckle 320 yuan), the last four days of December leave, buckle 200 yuan, they should go to work and then reissue and $537 years later. Young female morale but, offered to resign, but was told to resign now not only to the rest of the salary, also do not return the deposit.

Subsequently, the reporter contacted the mobile phone shop owner, Chen shop owner told reporters, every employee incumbency should pay 520 yuan uniforms, uniforms including jacket, shirt and tie, do a full year of staff uniform fee can be avoided. Why a deduction of 537 yuan of salary, the owner explained, not hair, because Ms. Yang said just a month leave, return to work and no specific date tell stores, "said at the time that day, but that day she did not come back to work". According to another store, Ms. Yang in the 6 counter Nokia mobile phone, mobile phone group has hundreds of and its accessories, she asked for leave after did not handle the relevant procedures, so stores if Ms. Yang to run away to say to her after work. Finally, the store told reporters, as long as she come back to work will get 537 yuan for her. "If Ms. Yang not to resign, as long as the written resignation a month ahead of schedule, we can not be difficult for her."

As Ms. Yang encounters a reporter interviewed Ningxia Hao Sheng law firm lawyers Liu Qing, he said, Ms. Yang should resolve the matter in consultation with the owner, consultation under the condition of the fruit, she may complain to the Yinchuan municipal labor and supervision unit, can also apply for labor arbitration. Ms. Yang said deduction uniform fee should be based on the company shall prevail, and leave because of the corresponding wages did not violate the relevant provisions. However, other deductions without any provisions of law, the employer can not charge a deposit, the company itself is not right, 500 yuan deposit so Ms. Yang has reason to back deduction. (

29.Female worker lactation to work overtime not legitimate

Citizens Ms. Wang: my baby 5 months, I'm still breastfeeding. I asked to work overtime unit, and said that if I don't work overtime, do not give bonus. Excuse me, units of the legal practice?

Jiangxi Yinghua firm Zhang Huabao lawyers: China's "labor law" sixty-third stipulates: "no physical labor intensity of the third class for female workers engaged in state regulations during the lactation of less than one year old baby's labor and lactation taboo to engage in other work, shall not be arranged to extend their working hours or to work night shifts." Thus, your unit is obviously illegal practices. You may apply to the local labor and Social Security Bureau complaints, requests the unit to correct the violations.

30.The Spring Festival to work overtime three times salary employees don't want to increase flexibility

One day two days off law without provisions

Over the years just to work, because they do not want festivals overtime and want to increase the rest days, Mr. Liu and units make up water. Yesterday, he gave the newspaper rights hotline call consultation.

Mr. Liu came three years ago from Guangxi hometown Beijing away, there is a security engineer. Because the job needs, the Spring Festival this year, Mr. Liu on New Year's Eve, second, third, fourth day a total of 4 days. After the holiday, he found that his leadership, with 4 days of classes, no overtime, want to break a few days off.

The research unit reply Mr. Liu: company stipulated in the national legal holiday overtime wages by 300% to pay overtime, considering that Mr. Liu is far away from home, and agreed that he give up the overtime and rest, but with 4 days of classes can only get 4 - day. Mr. Liu think the company is not reasonable. He said, the third, fourth overtime for two days shall he have no opinion, but the new year's Eve, the second is the national legal holiday, during which the overtime should give 300% salary, they don't overtime, Is it right? Also should be calculated according to the prior approval of a day for two days?

In this regard, the relevant legal personage points out, the rest day overtime, should arrange the time off, not off the arrangement, according to not under daily or hourly wage base 200% pay overtime wages; work in legal and off day, shall be in accordance with or hourly wage base pay overtime wages of not less than 300% days.

Thus it can be seen, the law only stipulates the unit weekends have take or pay 200% of overtime wages choice, and for the holidays to work overtime, the law only stipulates the unit to pay 300% of the overtime pay, and no rules can take. Therefore, Mr. Liu is willing to give up 300% overtime requirements increase and change ideas, but his personal behavior, how to arrange for him to rest belongs to company internal regulations, so unit according to one day give him a day off is not illegal. (

31.Employee annual dinner falls belongs to the scope of work-related injuries you

Q: Zhang is a paint sales company sales director. According to custom, each department of the company will organize the annual Spring Festival dinner. 20 evening, Zhang of the chairman agreed concluding remarks brief do sales a year ago at dinner, after dinner with colleagues. Behold, about eight thirty that night (dinner end) Zhang carelessly fall at the gate of the hotel at. With some colleagues to KTV singing, soon after Zhang left. After the accident, Zhang was diagnosed as left patella fracture, after the local Security Bureau identified the accident injury.

Ascertainment of a work-related injury, paint against the company, Zhang that was not injured in the evening dinner, after the event it secretly invited some colleagues to KTV, there was no discomfort. Even if there is a fall, but also a lot of alcohol induced by zhang. Obligation of the company dinner is not stipulated in the labor contract, should not work in the entertainment and the company's compulsory behavior, and dinner features do not have the time and work place, also do not form on a business trip, Zhang and does not meet the ascertainment of a work-related injury, refused to compensate. Excuse me, staff to participate in the annual dinner falls, belong to inductrial injury?

Answer: there is nothing wrong with that local security bureau. Zhang as the plaintiff company staff, the organic part of department daily operation Department's annual meeting, not the pure production, operations and corporate separation; annual dinner costs reimbursed by the company, and Zhang in during the dinner on the work is summarized, the accident dinner on the night of the activity is not a private party.

In addition, Zhang Mou is in the annual dinner in the fall, the board on the basis of the evidence that the accident was at work and the workplace, by the accident injury situation is not inappropriate because of working reason. That dinner do not have the characteristics of workplace and working time of the company, also do not form on a business trip, Zhang falls does not conform to the industrial injuries cognizance conditions, but the idea is wrong, not in accordance with law.

32.The workers "voluntarily" abandon the social security unit must pay

Ms. Zhang in 2008 2 monthly as a private enterprise, since the entry until 2010 at the end of 4, the unit has been to Ms. Zhang to pay the social insurance. However, the 2010 day in May, she applied to voluntary surrender of units required to pay the social insurance. For fear of losing their jobs, she had written on the spot application. Since then, the unit never paid any social insurance for her.

Later, Ms. Zhang to understand, give up social insurance means for their future pension, medical treatment will lose the corresponding security. Then call the service hotline 12351 workers, application consulting his write is effective.

With Ms. Zhang questions, the reporter interviewed the City Federation of trade unions, the public defender Cao Lei. He said, the social insurance execution according to law within the scope of the whole society, the parties enter into a contract can not solve, therefore, Ms. Zhang writing to forgo pay social insurance application had no effect, the employer shall pay social insurance for her.

Employers and workers to participate in social insurance and pay social insurance premiums are mandatory provisions of the law. Social insurance is national legislation, to raise funds through various channels, to workers because of old age, unemployment, illness, injury, maternity and reduce labor income to give economic compensation, so that they can enjoy basic living guarantee of the social security system.

Cao Lei tells a reporter, the employing units and workers were unable to contract negotiation breaks social insurance premium to pay. On the one hand, the social insurance funds is the main source of the employer and the worker himself, government grants and bear the ultimate responsibility. On the other hand, the employing units and workers to participate in social insurance and pay the mandatory social insurance fees, determines that any unit, any person shall not in any form, any reason relief. Even if the staff voluntarily give up the rights and interests of social security, but also obviously belong to illegal, even if the two sides signed the agreement has no legal effect.

In addition, Cao Lei further explanation, the employer must pay the social insurance for workers to give up social security rights and interests. In view of invalid civil behavior, there is no legal binding force from the beginning, the employer shall undertake their obligations. "Social insurance law", the employer fails to pay social insurance premiums in full, the social insurance fee collection agency ordered deadline to pay or complement, and from the due date, the daily added 5/10000 overdue fine; overdue is not paid, by the relevant administrative department the outstanding amount more than three times the fine. (

33.Nanny work belong to inductrial injury you injured

Ms Wang citizens: I was a nanny, some time ago in guzhugu work carelessly. How does this belong to inductrial injury? I can ask the employer compensation?

Zhejiang Jin Keming law firm Zhang Cunming lawyers answer: work for accidental injury whether to belong to inductrial injury requires specific analysis. If you are a domestic Service Corporation employees, and is subject to domestic Service Corporation assigned to the employer's work, so when you work for an injury should belong to inductrial injury category, should enjoy the corresponding treatment of inductrial injury insurance according to law; if you are introduced by intermediaries or set up their own employment relationship with the employer, so in the process of work due to accidental injury, do not belong to inductrial injury, can not enjoy the relevant treatment of inductrial injury insurance. However, you can ask the employer to pay compensation.

According to the provisions of the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation case interpretation" of article eleventh, the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. Compensation for medical expenses, loss of working time project mainly include fees, nursing fees and other reasonable expenses. (

34.Sick leave can leave allowance?

She asked: I early last year because of illness to the company asked for sick leave of 7 days, and then I put forward to want to take annual leave, but was refused, the reason is already arrived the annual vacation, sick leave with folding excuse me, the practices of the company is reasonable?

Answer: the sick leave and annual leave are two different concepts. Sick leave is the medical staff for the treatment of diseases and must rest treatment period. According to the "Regulations workers Yingongfushang illness or medical period", the sick employee, the employer shall give medical treatment and rest time and may not terminate the labor contract, and shall be paid sick leave in accordance with the law. Annual leave is the employer no matter whether employees are sick, must be given a rest day. Relevant provisions of the "Regulations on paid annual leave for employees" work, accumulated over 1 years but less than 10 years of workers, the accumulated sick leave 2 months above, do not enjoy the annual leave; you have to ask for sick leave for only 7 days, the company must give annual leave pay.

35.The default unit change jobs afterwards back hard to be supported

Zhang in 2000 was appointed manager of the hotel housing, a monthly salary of 4000 yuan. In 2011 the hotel personnel adjustment, verbal informed him to the reception work, a monthly salary of 3500 yuan, Zhang did not oppose. Zhang to the reception department work a year later, the hotel buildings, all employees laid off, Zhang in the approved compensation to "use verbal change contract", request compensation according to the original post a monthly salary of 4000 yuan. Is a law?

Legal experts think: Hotel "notification" should be regarded as an offer, Zhang's "default" in the notice shall be deemed to be the commitment to work. According to the "labor contract law" stipulates: "the unit and the laborer consensus, can change the content of the labor contract. But the change of labor contracts, shall be made in written form".

Now, Zhang did not raise objections to the oral amendment of the labor contract, and the actual performance for more than a year. The position change wage change to be recognized, are now required to support economic compensation can not be changed before the wage offer. (

36.Public houses by the lessee spouses also lease

A and B are husband and wife, married a few years as a result of discord, B sued to the court for a divorce. Two people during the marriage to a nominal rent a unit of housing, in the divorce proceedings, a without B agreed to rent the room, and denied that the real right B. A right without positioning of the housing?

Legal experts think, although the public housing tenants generally limited to its own employees, however, justified and lease live person, such as a spouse, for permanent residence and the housing also enjoy certain rights. The supreme law of relevant judicial interpretations, couples living together in public, after divorce can lease. Therefore, during the marriage, especially in the process of divorce, one party to dispose of public houses by lease shall obtain the consent of the other party, and shall not damage the legitimate rights of the other party. A rent act of circumvention of the law, infringement of the legitimate rights of B.

37.Dependency relationship change paid alimony should refund

Editor comrade:

Zhang and Li Mou because feelings not divorce, Lee to give up custody of the child, as the joint property of husband and wife should be allocated, a one-time delivery of the child before the age of 18 15 years maintenance fees. After the divorce third years, Lee for the court change dependency. But Zhang since not only does not pay the alimony, also Li Mouceng delivered his 12 years of maintenance fee "after the limitation of action" as an excuse not to return. Excuse me, Mr. Lee asked Zhang returned to pay alimony to obtain legal support?

Zhang Yan reader:

Alimony is the parents or other to minors has the obligation to support people, undertake for minors to life, education expenses. To change the dependency relationship, not to return the remaining 12 years of his hand Lee delivered alimony, belonging to the unjust enrichment. Unjustified enrichment means there is no legal basis, make others suffer losses and their benefits. The general principles of the civil law the ninety-second regulation, obtain improper benefits, resulting in another person's loss, the illegal profits shall be returned to the person who suffered the loss.

The limitation of action is a civil rights have been violated human rights exercised during the statutory period, after the expiration of the limitation period, the court the right to human rights protection system no longer. The general principles of the civil law 135th stipulation: "the period of limitation of action for protection of civil rights to the people's court for two years." Li the prescription of claim alimony, custody should be to change the verdict comes into effect time is calculated. The Li sign the judgement in time for the start of the limitation of action, and not to Lee delivered alimony time as a starting point. The court change foster relations judgment time less than two years, Lee claims there is no legal limitations. Lee asked Zhang returned delivered not raising period of alimony should be supported by law.

38.Not timely payment of wages of workers is what legal consequences

Recently, Mianyang reader Mr. Li to telephone counselling: I work in a company of Mianyang City, as department heads. The company nearly a year are not paid on time, sometimes in half a month, sometimes a month in arrears, but recently to now, companies pay two months ago has not paid to the employees. Some workers to the Labor Department asked the wage issue, with some emotions, the leaders of the company always excuse for various reasons, said that at present the market downturn, the benefit is not good, the company currently this months at a loss, and said that at present can not be on time pay situation is relatively common, to complain is useless, let alone the severe forms of employment, not because of arrears of wages and unit falling. We also know that the arrears of wages is illegal, violating the interests of workers and staff members, but to wage arrears behavior, what should be what kind of punishment, we don't know. I would like to ask: is not timely pay the wages of workers, have what the legal consequences of the unit?

Lee consultation, the legal policy consultation room invite Sichuan Guangli lawyer Liu Dong replied as follows:

The employer fails to timely payment of wages to the workers, including no timely payment of labor contract wages, overtime wages and other remuneration in accordance with the law, laborer can dissolve a labor contract unilaterally and require the employer to pay economic compensation , at the same time, the employer is obligated to pay the wage differential. The employer fails to pay labor remuneration in accordance with the stipulations of the labor contract, or the employer is lower than the local minimum wage to pay wages to laborers, will bear the legal consequences: (a) for the payment. The employer fails to pay the related costs, the labor administration department shall order the employer to pay the labor remuneration, overtime or economic compensation, it is the employer paid as long as can be. (two) the balance payment. If the employer violates the "labor contract law", to pay workers wages below the local minimum wage, the employer shall pay the difference. Provisions of the "measures" provisions of the amount and economic compensation of breach and termination of labor contract is different. "Regulations" economic compensation for breach and termination of labor contract, the employer shall pay labourers wages below the local minimum wage standards, to make up the lower than the standard parts at the same time, in addition to pay economic compensation equivalent to less than 25%. "Labor contract law" only require the employing units in accordance with the provisions of complement has been paid between the amount and the minimum wage standard difference, do not have to pay compensation; (three) pay compensation. The employer in the labor administrative department shall order within a time limit to pay labor remuneration, overtime or economic compensation period, fails to pay, the labor administration department shall order the employer to cope with the amount of 50% to 100% of the standard added to laborer pay compensation.

39.

Shutdown leaves firewood period welfare unchanged injury

Yesterday, Mr. Zhang to call our hotline, after consulting his injury, how to calculate, how to determine the shutdown leaves firewood period and the period benefits therefore, the reporter asked the relevant legal person to answer.

　Industrial shutdown leaves firewood period according to "shutdown leaves firewood period determined directory"

Mr. Zhang has just finished industrial identification, identified as 10, unit told he had 3 month shutdown leaves firewood period. His advice is reasonable.

Legal experts say: according to the "Beijing city workers work regulations leave way" management pay period, the employer according to the diagnosis of work-related injury medical institutions to prove, in accordance with the "shutdown leaves firewood period directory", determine the injured workers shutdown leaves firewood period, and notify the staff. So if the employing units that according to the "shutdown leaves firewood period directory", the staff shutdown leaves firewood period is 3 months, the unit is in conformity with the relevant provisions. Industrial grade identification to employees can be based on "industrial injury insurance regulations" provisions, to the unit for treatment of inductrial injury insurance.

　Shutdown leaves firewood period primary benefits remain unchanged

In addition, Mr. Zhang also pay for consultation period, his original benefits are. The two sides signed the labor contract, to pay to do the following agreement: piecework wage (flexible), the wage is 1000 yuan, wells (flexible), safety performance (in terms of attendance days, on-line is 22 day / month). Due to the monthly salary is not fixed, he would like to ask how to compute a shutdown leaves firewood period wages.

Legal experts say: according to the "Regulations" of industrial injury insurance, shutdown leaves firewood period the wages and welfare treatment. Wages were confirmed according to the relevant domestic regulations, "hourly wages, piece rate wages, bonuses, allowances, subsidies, overtime pay overtime wages" and special cases fall within the scope of gross wages, according to Mr. Zhang says, post salary, wells, safety performance bonus to total wages range, units should be full payment. For the floating nature of the wage unit staff, can refer to normal labor income to pay its shutdown leaves firewood period wages. If the worker for the unit to pay shutdown leaves firewood period wage does not comply with the "industrial injury insurance regulations", then can apply for mediation to the trade union organization.

40.Two cases still need to pay liquidated damages

Cao lawyers pointed out, "job hopping" is embodiment of the free choice of workers from the occupation, the legal nature, belongs to the laborer offered left. "Labor contract law" on employee turnover made more lenient, but "job hopping", workers have the following legal obligation to bear:

1 advance notice obligation. "Labor contract law", in addition to the trial period, the employee turnover, need 30 days in advance written notice to the employing unit.

2 the work handover obligations. "Labor contract law", the lifting of the labor contract, laborer should be agreed upon by the two parties, handle the handover. If the office supplies to return, will work related documents over to replace personnel etc..

3 specific cases of default payment obligations. The implementation of "labor contract law", the employer in the labor contract in any contract various forms of default payment is banned. The law clearly defines two workers after the payment of liquidated damages case: one is the employer provides special training expenses for workers, the workers were trained, and the service agreement, employee violates the service agreement, shall pay liquidated damages to the employer, but the amount of liquidated damages shall not be higher than the workers should bear the costs of training; two is the senior management personnel, senior technicians and other personnel under the obligation of confidentiality to employers, and employers to sign the competition restriction provisions, "job hopping" workers such as violation of the provisions, shall pay breach of contract damages, prohibition of business strife region, scope, time limit agreed upon by both parties, but shall not violate the mandatory provisions of the law.

According to the "job hopping", easily lead to legal disputes, Cao Lei summarized the workers need to pay attention to the following contents:

1 written notice in advance, do the work handover. In strict accordance with the provisions of the labor contract law 30 days in advance written notice to the employer, and keep a written notice. Fill in the work handover sheet and the relevant responsible persons signature confirmation.

The 2 settlement of labor remuneration, good for the file transfer and insurance transfer. Turnover should be carefully identified whether the employers to pay the full amount of the payment for labor. In general, employee turnover, the employer is not required to pay economic compensation. But the employer violates labor laws and regulations behavior, even if the workers offered left, can also according to the "labor contract law" provisions of Article 38, to the unit for economic compensation. In addition, the laborer shall have the right to require the employer to handle social insurance and file transfer procedures within the statutory time limit.

3 conscientiously perform their contractual obligations. Upon termination of the contract, the relevant confidentiality provisions, competition restriction provisions, breach of the provisions, also need to continue to perform, the laborer and the employing units shall, in accordance with the principle of honest and credit consciousness to fulfill obligations after contract, do "good good scattered". (

41.To offend people expelled how to safeguard their rights

The public housing mr.:

I apply to work in a private enterprise, for various reasons, enterprises have been and I did not sign a written labor contract. Later I offended relative of the manager, manager wants to pay me a month's wages expelled me. Excuse me, how to safeguard their rights and interests should I this case?

Shandong Ding Peng firm Jiang Tao lawyers:

Although you have not signed a written labor contract with the unit, but has been in the company to pay their own labor, the company will pay you a salary. This suggests the existence of the fact labor relation between you. The labor department "several problems about the implementation of people's Republic of China Labor Law > opinions" provisions of article eighty-second: the unit and the laborer disputes whether or not signed labor contracts, as long as the existence of the fact labor relationship, and in accordance with the scope of labour law and "the people's Republic of China labor disputes act" by the the scope of the case, the labor dispute arbitration commission accepts the application for arbitration.

Therefore, for the company to terminate the labor contract practices, you can apply for arbitration to safeguard their legitimate rights and interests. If the company is really in violation of the "labor law" provisions of the conditions of labor contracts and caused damage to you, it shall be liable for compensation; cause the loss of wage income, the company should according to you I deserved wage payment, and pay the wages income of 25% of the compensation fees.

42.

Requirements set off or the guardian compensation

A car off people knew, that is likely to cause damage to the car to others, but persist in one's old ways, negligence or trust can be avoided, and ultimately damage the car others, undoubtedly belongs to the civil law's fault. The "tort liability act" stipulates: "who is at fault for infringement of civil rights, he shall assume the tort liability." The discharge must compensate for the losses. At the same time, as the parents not to the child is still small, not sensible to shirk responsibility of their own.

　　Owners have the right to claim compensation from the insurance company

If due to discharge of fireworks caused by loss of car has been incorporated into the scope of compensation, the insurance contract that, whether it is clear, setting off fireworks is not clear or discharge of unknown, the owners have the right to require the insurance company to compensate. But in the insurance company claims, the owner shall not give up to the discharge of the right of indemnity, otherwise the insurance company have the right to decline.

　　The discharge shall bear joint and several liability

"Tort liability law": "more than two people implement jeopardizes other people's personal and property safety, behavior, and one or several of human behavior and causes damage to others, the specific tortfeasor can be determined, the infringer shall assume the liability; if the specific tortfeasor cannot be determined, the behavior shall bear joint and several liability." At the same time, "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" stipulates: "more than two people common intentional or negligent damage, or have no common intent, joint negligence, but the infringement occurred directly with the same damage consequences, constitute joint tort, it shall bear joint and several liability in accordance with the" general principles of civil law "." If car advocate such cases were injury, may also request all the compensation.

　The property company is not due diligence should bear the responsibility

The relevant legal provisions: "property services companies do not perform or do not completely fulfill the provisions of property service contract or by laws, regulations and relevant industry standards to determine the repair, maintenance, management and maintenance obligations, liability for breach of contract owners request property services companies continue to perform, to take remedial measures, or to compensate for losses, the court shall support.

"Property service enterprise make public service commitment and the formulation of the service rules, shall be determined as part of the realty service contract." In the discharge of unknown such cases, if the district has banned fireworks, and the property has failed to fulfill the corresponding responsibilities, cannot provide even firing people, nature must bear. (

43.Afterwards contract still need to pay double salary

"Do not give annual leave compensation", "an attempt by retroactive labor contracts do not pay double salary", "early termination does not pay economic compensation", a trade company worker Ms. Zhang yesterday to 12351 service hotline yourself how to safeguard their rights. The lawyer's advice, she decided to apply for labor arbitration requires the company to pay compensation.

Ms. Zhang in 2010 8 monthly salaries duties to the trading company to do the marketing personnel, was signed a month probationary period contract. In 2010 September, Ms. Zhang after the trial period to continue working at the company, but the company did not sign labor contract with her, until March last year, the company gave her a from 2010 September to April last year to sign labor contract. Ms. Zhang think, in the work period, the company did not sign labor contracts with their employer should pay double salary, compensation. Companies in the contract on the date is the worker after the trial period of time, in 2010 September, Ms. Zhang to fill in the signature is a time of day labor contract, in March last year.

After that, the company also signed a contract with a lady from April to May this year work last year. But did not expect, in August last year, the company sent a letter of termination of labor contract, said the company as "land acquisition and demolition of the irresistible factors" to advance and labor contract workers, wages in October, the company said "because in the process of the relocation of a company, the staff appear bad behavior", and so no economic compensation to workers. While the workers that the company is not taken root, is not to find excuses for compensation after the intervention, the relevant departments for investigation, also no evidence that workers have any irregularities.

In this regard, Beijing Huatai law firm Wang Zhiming lawyers said, there are a number of illegal employment situation of the company, the time to perform retroactive contract should be signed the final time, namely the workers signed in March last year, according to the relevant provisions of the "labor contract law", with the Japanese employee employer has more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times, and with the employee to a written labor contract. In addition, because the company itself to terminate the labor contract period to give the economy should be in accordance with the workers compensation, the compensation standard is based on one year to one month. (

44.The workers and their families can also recover provident fund

Money is a individual enterprise workers, he in the enterprise has been in practice for 8 years, the enterprise has not given him to pay the housing accumulation fund. Shortly before the money one died, for future married son money purchase, a wife for money a provident fund account not fruit, giving money to a unit fails to pay the compensation of housing provident fund requirement. After negotiation, mediation does not agree, the money his wife would like to apply for arbitration or bring a lawsuit to a people's court.

Legal experts say, according to the "housing provident fund regulations" regulations, housing provident fund, state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and institutions, private non enterprise units, social organizations (hereinafter referred to as units) and workers paid into the long-term housing savings. Money money a death, the labor contract with the employer to terminate, money for money a wife a provident fund account is not supported.

But according to the regulations, housing provident fund workers paid by the individual housing provident fund and the employee units for workers paid, belonging to the workers of all individuals. The unit shall be timely, full deposit housing provident fund shall not exceed the time limit, paid or underpaid.

Workers killed or declared dead workers heirs, legatee can extract the store employee housing provident fund account balance; no successor nor a legatee, store employee housing provident fund account balance of in the value of housing provident fund benefits. Housing provident fund has the characteristics of universality, mandatory, welfare, property etc..

Workers killed, gold of individual account individual housing provident fund account and the old-age insurance, can be used as the staff's personal property, the family inheritance. Employee incumbency, the employer failed to pay housing provident fund for workers. After the death of workers, family members can to the employer compensation.

45.Pavement damage and injury management departments should bear the responsibility

Not long ago, Mr. Wang riding a motorcycle home from the city of a construction site, through the suburb highway, the road surface disrepair, serious bumpy, he to a truck runs behind the same direction approaching, he on the right line, the right road for fracture, bumpy, fall the motorcycle is broken, do not say, more serious is the cause of his left leg was broken into fracture.

Identified by the traffic police department, mainly because he failed to notice the pavement caused by uneven, truck without responsibility. The police investigators said, other vehicles without responsibility, he accidentally falls, but luck! After 21 days of treatment in hospital, Mr. Wang, to more than 9400 Yuan medical treatment. The identification of the relevant departments, ten class disable, follow-up treatment still need a lot of cost. What should he do?

In this regard, legal experts think, Mr. Wang may require the highway management department to undertake certain responsibility. "The relevant provisions of the road safety protection regulations": the highway enterprise road management organizations, should be on the road to carry out inspections in accordance with the provisions of the State Council department in charge of transportation, and make inspection record; found the road collapse, pits, uplift, damaged, it shall timely put up warning signs, and take measures to repair.

At the same time, the Supreme Court judicial interpretation of the provisions, highway maintenance management department, in accordance with the law for the maintenance of the legal obligation of highway facilities complete, safe and smooth. In the case of the occurrence of traffic accidents, serious pavement damage is a direct incentive, the highway management board not reasonable supervision responsibility, resulting in Mr. Wang traffic fell wounded, bear the responsibility for compensation must deal with the loss of his. Of course, Mr. Wang also have their own responsibility, must bear the responsibility. (

46.The compensation agreement is unfair can apply for revocation

Recently, Ms. Chen and his wife ride electric bicycle to go to the outskirts of the market to buy special purchases for the Spring Festival. On the road to the countryside road at a corner, is a field of truck cut injury, caused by her husband and lumbar fractures. Identified by the traffic police department, both sides are at fault, bear equal responsibility. The second day of her husband in hospital, because foreign truck rush delivery, her husband also need to treat money at that time in the hospital, and convenient to reach a compensation agreement, the truck owners of one-time compensation for her husband, 12000 yuan. Later, her husband in hospital for 32 days, only medical expenses alone spent more than 54300 yuan, and identified to be classified as ten disabled. They call and the owner of the car with the increase of the amount of compensation, compensation agreement is emphasized, the other one-time compensation case, after the thing is not responsible for.

In this regard, legal personage thinks, Ms. Chen couples can set the compensation agreement unfair on the grounds, to request the court to change. According to the relevant judicial interpretations, when the two sides signed the agreement is unfair. Because the two sides signed the agreement, Ms. Chen and his wife in hospital was 2 days, the urgent need to obtain compensation for treatment, do not know the actual loss of their own and legal rights.

Because of the lack of experience with the severity of the judgment, lead to an agreement the amount of compensation agreed with actual should be the amount of compensation is too far, if this Agreement as the basis for determining the rights and obligations of parties, Ms. Chen to his wife was very unfair.

In this regard, Ms. Chen couples can compensation agreement is unfair for play

47.His resignation would not the year-end bonus?

Mr. Hu asked: 2008 I do sales representative at a trading company, company rules work for one year a year-end bonus. At the end of last year, I told the company offered to resign, the year-end bonus has not yet been settled. New year's day this year, the company paid to all employees year-end bonus, but not my job. What to do?

Answer: the year-end bonus is the company on employee job performance award. If the labor contract or the employer's rules and regulations specified in the year-end bonus, so behoove to employee. If the labor contract with the employer's rules and regulations are not specified year-end bonus, but the fact that the company has issued a year-end bonus, according to the principle of "equal pay for equal work", the employer must also be paid to employee. 2012,2,13

48.Employee turnover employers don't pay the legal

 MS WONG: I am Pingxiang Pingxiang City Development Zone Lianxing Management Office of the villagers, two years ago to apply to a local factory. At the end of last year, the factory to improve the staff workload, lowering wages, but the factory has not given the staff to apply for social security. So, me and the other employees to protect their own rights and interests to resign, but the boss said the resignation of employees one month in advance to inform the enterprise, otherwise it is not the month wages. In his resignation without approval, we left the factory. The boss said, we are allowed to post, sent to us last month more than 1000 yuan wages not. What business is it legal?

Reporter errands: 10, Pingxiang City Labor Inspection Detachment of law enforcement personnel introduces, if true staff reflect, is the enterprise default first. Secondly, if the enterprises do not have the staff to apply for social security in accordance with law, employees may resign at any time, and the enterprise can't deduct the wages of the employees.

49.The probation period shall not exceed the statutory time limit

Xu in 2011 September 20 day after the exam is eligible to enter a company engaged in accounting work in Mengyin county. In October 4, 2011, the two sides signed a 1 year contract. The labor contract, for a trial period of 4 months, probation salary is 800 yuan, after probation period salary is 1300 yuan. In 2012 January, during the Spring Festival holiday, Xu heard friends say, company stipulated probation violation of the legally prescribed time limit, shall pay compensation for damages. Has made a probation salary Xu puzzled, to the company responsible person to consult the matter, the person responsible for the company's reply is: according to the signed labor contract wage yes, right now the probation period is also full, from next month on after probation wage, has been issued and so. Xu Mousui to the labor security supervision departments to local complaints, a request for payment.

The labor security supervision departments, the probation period is a period of unit of choose and employ persons examined whether workers for jobs, workers feel the job is for a process of his. Because of probation salary is low, the termination of labor relations and more easily, therefore, some employers to reduce costs, often using workers through agreed longer trial period, this is a violation of the law. According to the "labor contract law" article nineteenth, the provisions of article eighty-third: the term of the labor contract for more than 3 months but less than 1 years, the probation period may not exceed 1 months; the term of the labor contract of 1 to 3 years, the probation period may not exceed 2 months; more than 3 years of fixed - term and non fixed term labor contract, the probation period may not exceed 6 months. The employing unit violates the provisions of this Law and the employee probation period, the labor administration department shall order rectification; if the illegally stipulated probation period has been performed, the employer to employee probation period salary standard, those who move to pay compensation to the work has been performed over a period according to the statutory probation. In this case, the company and Xu signed 1 year term of the labor contract is agreed by the 4 month trial period, it is illegal. The labor security supervision staff person in charge explained policy to the company, in front of the law and the facts, the company after probation monthly wage paid Xu 2 months salary compensation.

50."The apprentice" is not a professional training apprenticeship leave the boss deduct money irrational

The reader Zhang after graduation, his father sent him to a car factory as an apprentice. The recent full acts, he is ready to open up his own repair shop. The boss heard that he was going away, docked his pay, also to him in accordance with the "labor contract law" article twenty-second "will pay fee" (training). Zhang Q, he and the boss did not agree on the term of service, the boss did not take him into the other departments to carry out professional training, he should give "success fee"?

Legal experts think: according to the Ministry of labor on the "request" on issues related to the labor management of the reply about apprenticeship and the probation period, apprenticeship is familiar with the business, improve a training job skills to new staff workers access to certain jobs, in the implementation of the labor contract system, the training way should continue to use, and in accordance with the provisions of technical standards for the implementation. The probation period is to establish the labor relation between the worker and the employer for mutual understanding, selection and inspection period agreed. The probation period and apprentice period included in the labor contract, the probation period and apprenticeship can also agreed, but the probation period shall not exceed six months. Apprenticeship is the recruits for certain jobs and familiar with the business, improve a training mode of job skills, in the implementation of the labor contract system, the training way to continue to use. But the "Apprentice" is not equal to "professional training the provisions of article twenty-second of the" labor contract law "". Service period is agreed, the laborers from the enjoyment of employer funded training and commitment to work during the time of the employer.

In this case, a boss not funded training Xiao Zhang, and he did not agreed period of service, he have to leave, the boss "labor contract law" to collect his "success fee" no legal basis. (

51.Elimination is not the compensation?

Mr. Xu Q: our company began to implement the "last phase system" at the end of last year, the provisions on the sales staff performance evaluation, in the last 3 employees, within two months from the unit, this time only 300 yuan living expenses, the expiration of two months after, company has the right to termination of labor contract. At the end of the year assessment, my sales ranked first, the company decided to terminate the labor contract. Does the company can give me the corresponding compensation?

Answer: the end of the last legal situation assessment, and not the employer may terminate the labor contract. The labor contract law, the employer violates the provisions of this law, rescission or termination of the labor contract, it shall pay compensation to the employee according to 2 times of the economic compensation standard. Every year to pay one month's wages to the workers to pay the standard. More than six months but less than one year, calculated according to a year; less than six months, half a month to pay economic compensation to the laborer wage.

52.Following the child's legitimate children can inherit in subrogation

Li and Zhang belong to remarry, a department of Zhang ex husband's legitimate children, brought up by Zhang raising. Li and Jia died early, after Zhang also died of illness. In the process of allocation of heritage, dispute, a legitimate child B claims can inherit in subrogation inheritance.

Legal experts think, inheritance law of our country, the decedent's children before the death of the decedent, inherited by the children of the direct lineal descendants of subrogation. Descendants who inherit in subrogation generally only inherit his father or mother has the right to inherit the legacy of the share. "The Supreme People's Court on the implementation of the law of succession 'problems' opinions" provisions, the decedent's children, has formed the parenting relationships out of wedlock can inherit in subrogation.

In this case, B's mother a small raised by Zhang, though Zhang the child, but has its formed dependency. Therefore, B can inherit in subrogation right to inherit the parent a share. (

53.Net post unidentified how to safeguard their rights

Editor comrade:

Recently a friend told me someone posted on the Internet, not only the disclosure of my real name, work units and other identity information, but also out of thin air that I sleep around, on my personal attacks. Family and friends to prove I have to, causing very bad influence on my reputation. Because I don't know who is at the post, had to call delete related sites, but the site has said I should find someone rights. Excuse me, net post unidentified, I how to safeguard their rights?

Lu Chengjun reader:

Our tort liability act thirty-sixth provisions of the first paragraph: "Internet users, Internet service providers use the network infringes upon the civil rights and interests, it shall bear tort liability." The second paragraph: "network users utilize the network to commit a tort, the infringee shall have the right to inform the Internet service provider to take delete, shielding, broken links and other necessary measures. The network service provider after receiving the notice did not take necessary measures in a timely manner, jointly and severally liable for damage to expand with the network subscriber." The third paragraph: "the network service provider knows that a network user infringe upon the civil rights and interests through the network services, and fails to take necessary measures, shall bear joint and several liability with the network subscriber." Accordingly, you may request the network service provider to take delete, shielding, broken links and other necessary measures. In addition, you can also to the notarization organization for the network evidence preservation notarization, in order to pursue post responsibility. If the final can find posters, posters and the network service provider shall bear joint and several liability; if unable to pinpoint the posters, websites and refused to remove infringing postings, assume the tort liability of Internet service provider shall be.

54.Paid vacation time can be calculated accumulatively

Miss Li has worked in a computer company for 7 years, before she work in a Books Inc for 4 years. Yesterday, she call our hotline asked paid vacation, in the Books Inc of 4 years can be accumulated work experience?

   Counsel:

   "Enterprise employees paid vacation measures for the implementation of" fourth stipulates: "the days of annual leave in accordance with a total staff time determination. Employees in the same or different employers during the work, and be in accordance with the law, administrative regulations or the provisions of the State Council shall be counted as working time period." So, Miss Li as long as they can provide relevant evidential materials to prove that their total working time has reached 11 years, you can enjoy the corresponding number of days of paid vacation. (

55.This enterprise competition restriction for 10 years!

Small sun resigned and gone through all the procedures for the handover, the unit did not give his resignation certificate issued, said to know he was a hired. In this new company name, unit and let the competition agreement signed. But, sun call the service hotline 12351. In the help of the trade unions, yesterday, he finally got the competitive grants, satisfactory to the new unit recruits.

Little sun is a company's software development engineer, he resigned in October of last year. Unit leaders signed his resignation, can complete all transfer procedures, the company did not give him leave the proof. The reason is, he participated in the development of the company an important software, in order to prevent leakage, the company must know the sun new job name.

Small sun thought it was ridiculous, but as soon as possible in order to leave the job or did. Then, the other took a competition agreement let Sun sign. Agreement in addition to the provisions of sun cannot be engaged in the development and the company the same software varieties, also provides for the prohibition of 10 years for a variety of software development. The man says to the reporter: "unit limits for such a long time, how do I work?" He refused to sign.

Do not sign the competition restriction agreement, will not get a proof of departure, nor to the new unit into the job, but he dialed 12351 workers service hotline for help. The operator told him, according to the "labor contract law", the period of limitation of competition shall not exceed 2 years, and signed in the competition agreement, the unit should be monthly compensation.

After hearing the explanation, sun representations and units and personnel departments again. Finally, to modify the business strife agreement, agreed to limit the term of competition for 2 years, monthly this period according to the original 20% of wages to pay economic compensation to sun, sun sign to the new unit to work. (Daily News reporter Wang Xianglan)

　　■ links:

Prohibition of business strife -- is the employer to employer employee has the conservative trade secrets, in the labor contract, intellectual property rights agreement or technical confidentiality agreement of competition restriction provisions, namely: workers in the termination or dissolution of a labor contract shall not be in the production of similar products, dealing in similar business or other the competition between the employer shall produce their own service, with the original units there is competition between similar products or engaged in the same type of business.

Limiting the time prior agreement by the parties, but shall not exceed 2 years. The parties in the labor contract or confidentiality agreement agreed upon in the competition restriction provisions, must be accompanied by financial compensation content. The employer shall terminate or cancel the labor contract workers, economic compensation to the laborer. The economic compensation standard, amount agreed upon by the parties themselves.

56.Parking was why responsibility

Tian drove to the field of delivery. The way the car is bad, his car repair. About ten minutes later, came a motorcycle, a head hit his car tail, caused by a motorcycle driver (drunk) injury. Later, Tian to the court, claim compensation for the losses. After the court, the liability for compensation to Tian to bear 30%.

Legal sources said, "road traffic safety law", a breakdown vehicle on the road, the need for parking when troubleshooting, the driver should immediately open danger alarm flashlight, the vehicle does not obstruct the traffic moved to the local park; difficult to move, should continue to open danger alarm flashlight, and in the car direction to set up a warning sign measures to increase the distance warning.

57.The car is stolen vehicle, the insurance company shall compensate?

Beijing reader Mr. Zhang asked: I had a traffic accident a few days ago lover, was injured, a Audi car identified, the Audi car belongs to the stolen vehicle, driving the driver is not the owner, in this case, I can also require the insurance company to assume the liability for compensation?

Answer:Tort liability law, relates to a motor vehicle theft case, shall be directly decision the company to advance in the compulsory insurance liability limits the scope of the victim's rescue costs, and in the case of legal documents directly confirm the insurance company of the person responsible for the traffic accident of the right of recourse against the.

 

58.The vehicle also need to transfer it from father

 Editor comrade:

After my father's death left a car, I was an only child, the mother can't drive, directly to the car to put my successor, I get my driver's license and write with his father's name on the open after a period of time, a friend of mine told me, inherit the vehicle to vehicle transfer procedures for. Excuse me, inherited his father's vehicles need to handle the transfer procedures?

Wang Yuecheng reader:

Provisions of China's property law takes effect, obtained by inheritance rights since the beginning of inheritance. Your father's death, according to the provisions of article tenth of the inheritance law, your mother and you are the same as the legal successor first in order to your father's heritage. In order to avoid any person on your heir dissent, as you need to inherit your father left the vehicle, the best to apply for notarization. Notarization is the state notary offices, according to the request of the parties concerned, the citizens have the legal property right to inherit the legacy of the authenticity, legitimacy activities according to law. Statutory succession, for notarization, heritage for real estate: (a) is to be inherited by the life of domicile or major property notarization jurisdiction. (two) the applicant should submit the following documents and materials: 1 identity certificate of the applicant (such as identity card, residence booklet and a copy); the agent to apply for, agent needs to provide a letter of authorization, ID and photocopy, power of attorney should be approved by the local notary organ syndrome; Guardian agent should provide evidence material the guardian and the personal identification; 2 the decedent's death certificate; 3 is the inheritance of the property right certificate; certificate 4 heirs of marriage, parents, children; proof of 5 legal heir of kinship; give up published in the notary office of the right of inheritance statement 6 heirs. At the same time, according to the real right law, vehicle registration, in order to fight against a bona fide third party. Therefore, in order to avoid future disputes, you can be notarized by notary organs, articles notarization notary organs, to the relevant departments to handle the procedures for transfer of vehicle ownership. The applicant to provide the documents: (a) effective identity documents; (two) license, vehicle registration certificate on the original car; (three) to fill the vehicle registration table, to re confirm the license, registration address, contacts and other information; (four) the traffic police department after the endorsement issued a new driving license; (five) change in the process, such as the retention of the original car number plate, pay 15 yuan of travel card fee. Such as to give up the original vehicle license plate number, select new, pay 15 yuan card fees and 100 yuan plate making fee.

59.The renewal of the contract will be full of fear employee perturbed "fried"

Look at the candidates to colleagues together one after another to leave the company, Ms. hung was very disturbing: at the end of 3 this year, her labor contract expires, worried about the company not to renew the contract, then hit 12351 staff service hotline for consultation: she wanted to stay in the unit, if the company fails to renew the labor contract how to do?

In 2008 January, Ms. hung with 6 other people has been a Service Corporation hired, when the two sides signed a two-year contract. The labor contract expires, the company and they signed a two-year contract. Not long ago, because the company does not want to renew the contract with them, that 6 workers have left the company.

Ms. hung an unsettled state of mind to mind: she wanted to stay in the company, but colleagues said that there is an unwritten law firm, in addition to the leadership of relatives and friends, other staff as long as the signing of two times of the labor contract, after the expiration will not renew, because according to legal provisions, signed a two fixed term labor contract, to renew the labor contract, the unit should be signed without a fixed term labor contract.

According to Ms. Hong problem, the reporter interviewed yesterday Beijing Dong Yi law firm lawyers Xu Yan yan. Mr. Xu said, "labor contract law" fourteenth stipulates: "continuous conclusion of two fixed term labor contract, and the employee is not illegal crime situation, to renew the labor contract, the employee proposes or agrees to renew, conclude a labor contract, unless the employee proposes to conclude a fixed term labor contracts, shall conclude a non fixed term labor the contract."

The so-called "two times in a row, a" refers to the implementation of the 2008 January "labor contract law" after two successive signing labor contract, Ms. hung in 2008 January, 2010 March, two signed labor contracts with the company, so in line with the "continuous conclusion of two fixed term labor contract". Xu lawyers advised Ms. Hong offered to renew the labor contract requirements to the unit, if the unit agreed, but without a fixed term labor contract signed with her; if the company does not agree to extend, be Ms. Hong present labor contract expire, and pay economic compensation. According to the "labor contract law" article forty-seventh "economic compensation to workers in this period of work units, each for one year to pay one month's wages to pay workers" content, Ms. hung has been working in the labor Service Corporation 4 years, she can claim economic compensation to the company 4 months salary.

At the same time, even if labour not to renew the contract, the company should also be at least 30 days in advance notice to workers. In this case, if the company does not have 30 days advance notice Ms. Hong not to renew the labor contract, she according to "Regulations stipulates that the thirty-seventh" Beijing labor contract, require companies to pay one month's wages in lieu of notice damages to her. (

60.Voluntary workers to give up social security employer is required to pay

Xiemou in the employing units to work adjustment, in order to retain the original work, said voluntarily give up the company for its pay social insurance responsibility, company immediately stop the Xiemou related social insurance pay. After Xie Mou that fails to pay social insurance fees, after retirement treatment will be reduced correspondingly, I request the company to pay social insurance premiums for its. But the company to thank a voluntary on the grounds, refused to Xiemou request.

Legal experts think, "social insurance law" provisions of article fourth of the Chinese territory of the employing units and individuals shall pay society insurance premium obligation, shows that the social insurance of the statutory mandatory, the employing unit and the laborer the way to agreement less pay, not pay social insurance fees, because the violation of mandatory rules of law, administrative regulations is invalid. Therefore, although the Xiemou said voluntarily give up the company to pay social insurance premiums for its, but the company still should fulfill the obligation to pay the social insurance premiums. Liang Jingyu.

61.Custom clothing encounter subcontract flaws in the former bear

Mr. Wang for the fast food restaurant to give the waiter uniforms workwear, signed 56 sets of overalls made a contract with a clothing factory Zhang is responsible for. But Zhang did not after Mr. Wang will agree to the 56 sets of clothing done by lee. After Mr. Wang acceptance, the clothing is not in conformity with the contract he signed and requirements in Zhang, but Zhang and Li mutual shirk responsibility, resulting in Mr. Wang has been unable to get compensation. Mr. Wang asked, and he to whom the claim?

Legal experts think, there are two legal relationships of this dispute process: a contract relationship between Mr. Wang and Zhang of the contract relationship and Zhang and Li. According to the provisions of China's "contract law", the Contractor shall use its own equipment, technology and labor, to complete the main tasks, except otherwise agreed by the parties. The contractor will be mainly the hired work completed by the third party, should be third people to complete the work results to the hirer responsible, not approved by the hirer, the hirer may terminate the contract.

That is to say, the contract is the responsibility of the signing of the contract with Mr. Wang's party. Therefore, although seemingly Zhang and Li Moujun on Mr. Wang's breach of contract, but according to the principle of contract relativity, Zhang to Mr. Wang contract to undertake responsibility of breach of contract, Lee without their work done to Mr. Wang take responsibility. Therefore, Mr. Wang just asked Zhang to assume responsibility to.

62.The boss reprimanding the illegal workers

The mechanic Zhang, migrant workers reflect, the boss will curse, severe beatings, any request, the employee must unconditionally executed. Small to commute time to change jobs, wages, etc. is a boss who say. The staff slightly dissatisfied, will have to leave.

The lawyer said: relevant laws for the workers to participate in the management rights are provided, the employing units in the formulation, amendment or decisions related to labor remuneration, working hours, directly involving the immediate interests of the employee rules or important matters, shall be approved by the staff congress or all the employees for discussion, put forward proposals and opinions, with the trade union or employee on behalf of equal consultation to determine etc..

Accordingly, the boss's behavior is illegal.

63.Construction, destruction of private property judicial mediation to obtain compensation

Changping District Yang Fang Town Village Li Moujia Lin Road residential, power companies to install the laying of lines in the ditch will cement ground shock Lee home in front of the crack, he repeatedly asked the construction workers compensation, but still can not find the person in charge of the construction company. Fortunately, he will be the construction vehicle button in the construction site, and conflict with the construction personnel, Li Mousui consulting how to safeguard their rights?

Judicial staff mediation, power companies to install the construction, destruction of cement concrete pavement in front of Mr. Lee, affecting the normal travel the family and daily life, the cement ground is Lee personal investment shops, belonging to private property. China's "property law" thirty-sixth article, 37 rules: "the immovables or movables are damaged, the holder may request repair, redoing, replacement or restoration to the original state. Against property, damages are caused to the obligee, the obligee may request compensation for damage, can also request the bear other civil liabilities". The construction unit shall give corresponding compensation lee. In addition, the construction unit of the vehicle also belong to private property, Lee also has no right to seizure. Finally, in the judicial staff mediation agreement is reached, the construction unit one-time compensation to Mr. Lee 5000 yuan, as the damaged cement pavement repair compensation.

64.The probation period shall not sign labor contract law it

Recently, Chengdu City, Mr. Jiang to newspaper readers Advisory: I was a company hired to do marketing in September last year, the labor remuneration as the basic wage and sales performance wages, the manager told me, the company provides for new hires the probation period 6 months, probation after passing, etc., and then decide whether to sign labor the contract. I work for a period of time, feel the sales tasks difficult to complete, many of my colleagues did not wait until the probation, dismissal. So, I put forward to sign labor contract and then try the request to the manager, the manager refused to. I would like to ask: probation period do not sign labor contract law?

On the issues raised, the policy consultation room invite Sichuan Guangli Liu Dong lawyer law firm reply as follows:

"Labor contract law" provisions of article tenth, the establishment of labor relationship, a written labor contract shall be concluded. Labor relationship has been established, not to conclude a written labor contract, a written labor contract within one month of the date should be occupied. Since the date of your work, establish the factual labor relationship and the employer. As long as you provide labor during normal working hours, the employer must pay labor remuneration. According to the "labor contract law" in article eleventh, the employer fails to conclude a written labor contract in labor at the same time, and the workers agreed remuneration is not clear, the new worker's remuneration the standard specified in the collective contract; there is no collective contract or collective contract does not specify, equal pay for equal work. The provisions of article eighty-second, with Japanese employee employer has more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times. The employing unit violates the provisions of this Law and workers do not enter into a non fixed term labor contract, it shall conclude a non fixed term labor contract, to pay two times of monthly wages of workers. The original labor department "on the implementation of the labor law '' opinions on several problems of" the eighteenth stipulation: "labor employment, the probation period may be agreed upon in the labor contract, the probation period shall be included in the term of the employment contract."

So, according to Mr Jiang's statement, the unit did not sign labor contract with you people during the probation period the practice is illegal, you can protect their own rights. First of all, you can pay double salary requirements. According to the law, the unit from the date of employment and workers to establish the labor relationship, a written labor contract shall be concluded. Labor relationship has been established, not to conclude a written labor contract, a written labor contract within one month of the date should be occupied. Secondly, from the date when the employee more than one month but less than one year and you conclude a written labor contract, you can be in accordance with the law required to pay double salary. Again, for the unit not to sign the labor contract during the probation period, you can resign, according to the "labor contract law", three days in advance notice during the probation period the employer may terminate the labor contract workers.

27.Labor relationship is not stable period rights protection is special

The probation period unit to terminate the labor contract is limited

Ms. Cao and unit signed a labor contract of 3 years (from 2011 September to 2014 December), which clearly shows that in September last year to November 30th for a trial period, but in November 28th when they work, the person in charge of the unit told Ms. Cao unit with the termination of the contract. Recently, Ms. Cao consulting practice, the unit is reasonable and legal.

Answer: first of all, the two sides signed the labor contract of the probation period, in accordance with the law, according to the "labor contract law", during the probation period, unless the employee has "proved during the probation period does not meet the conditions of employment", "serious violations of relevant cases and 39 and fortieth regulation unit rules and regulations", the employer shall not terminate the labor contract. The employer terminates the labor contract during the probation period, it shall explain the reasons to the workers.

　　The renewal period "signed" also

Mr. Hou and unit labor contract is coming to an end, unit 30 days before the contract expires to Mr. Hou sent the renewal notice, Mr. Hou in the notice signed consent. In the distance, the expiration of the contract with 15 days, Mr. Hou change the mind does not want to serve in this unit. His advice, after the signing of whether they can go back.

Answer: "labor law" provisions of labor contract shall be equal to follow a voluntary, consensus.

In this case, although the worker is in "the renewal notice" signed renewal, but at this time the two sides did not sign a new contract, so workers should not be "renewal notice" constraint. But considering the company might do to renew the labor contract, workers suddenly back against the principle of honesty and credit, suggested that workers and unit communication solution as early as possible.

　　Leaving the stage specific dates can be agreed upon between the parties

Ms. Wang's company recently held a meeting to say because the operating condition is not good, hope to find a way to let the staff workers, sign the severance agreement. Therefore, whether Ms. Wang consultation must be a month to leave, as well as for the handover work, is how the provisions of law.

Answer: according to the "labor contract law", the employer shall prove in dissolution or termination of labor contracts issued by the dissolution or termination of the labor contract, and in 15 days for the workers to go through the formalities for transfer of files and social insurance. Workers should be agreed upon by the two parties, handle the handover. The employer shall pay the economic compensation to the laborer, payment in the handover of work.

Therefore, Ms. Wang can negotiate with the unit, let the unit certificates to hand over, at the same time pay economic compensation. The turnover time, law 30 days in advance to submit written application for leave, 30 days can be automatically turnover, units can also be pre approved employee turnover. No clear legal provisions for the handover of the work, Ms. Wang should in principle be before leaving transition is complete, can also be in accordance with the two sides agreed handover date of hand over. (

28.The excuse of "bad behavior" surrender unit shall burden

"Do not give annual leave compensation", "an attempt by retroactive labor contracts do not pay double salary", "early termination does not pay economic compensation", Beijing City, a trading company workers Ms. Zhang to 12351 service hotline yourself how to safeguard their rights. The lawyer's advice, she decided to apply for labor arbitration requires the company to pay compensation.

Ms. Zhang in 2010 8 monthly salaries duties to the trading company to do the marketing personnel, was signed a month probationary period contract. In 2010 September, Ms. Zhang after the trial period to continue working at the company, but the company did not sign labor contract with her, until March last year, the company gave her a from 2010 September to April last year to sign labor contract. Ms. Zhang think, in the work period, the company did not sign labor contracts with their employer should pay double salary, compensation. Companies in the contract on the date is the worker after the trial period of time, in 2010 September, Ms. Zhang to fill in the signature is a time of day labor contract, in March last year.

After that, the company also signed a contract with a lady from April to May this year work last year. But did not expect, in August last year, the company sent a letter of termination of labor contract, said the company as "land acquisition and demolition of the irresistible factors" to advance and labor contract workers, wages in October, the company said "because in the process of the relocation of a company, the staff appear bad behavior", and so no economic compensation to workers. While the workers that the company is not taken root, is not to find excuses for compensation after the intervention, the relevant departments for investigation, also no evidence that workers have any irregularities.

In this regard, Beijing Huatai law firm Wang Zhiming lawyers said, there are a number of illegal employment situation of the company, the time to perform retroactive contract should be signed the final time, namely the workers signed in March last year, according to the relevant provisions of the "labor contract law", with the Japanese employee employer has more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times, and with the employee to a written labor contract. In addition, because the company itself to terminate the labor contract should be the economic compensation in accordance with the work period, the standard of compensation is based on one year to one month's wages.

29.Grasping the security can not be heavy penalties not education

Construction of a scaffolder small Xiao migrant workers reflect, their site, frequent accidents. Every time after the accident occurred are leaders and workers punished. But after the accident happened when. Mr. Xiao said, the crux of the problem is the only punishment is not only education, no training, the worker has not mastered the basic skills.

The lawyer said: "labor law" provisions, workers shall enjoy the right to accept occupation skill training. "Safety production law" provisions, the production and business units shall conduct education and training in production safety of the staff. Therefore, accept education and training in production safety, employee rights, is essential. (

30.High salaries to recruit chaos Huyou applicants rights law

Current situation: "high" trick play word games

Fuzzy paid. The last 6 month, the company released recruitment advertisements by zoucunchuanhu, said "wages higher than the industry average level", "welfare preferential treatment". When the party Ms. 12 migrant workers to the candidates, found that wages than the average wage of the local industry is low, even if the advertisement promises, with each candidate interview separately determine the salary.

Fuzzy paid similar, and "salary", "competitive salary" etc.. Its essence is the employer taboo to give specific figures, fuzzy language to describe wage used deliberately, to candidates a imaginary space, once fall into the "trap", was not marked salary, but was forced to face the reality.

Interval of well paid. Last July 1st, a company released a week of recruitment advertisements on local TV, said the large number of workers, a monthly salary of depending on the working performance, ensure that 1500~3500 yuan / month. Mr. long 36 people learned that after the interview, in fact, only a few senior management personnel salary can reach 2500 yuan / month, the remaining staff will be 1500 yuan / month. A beauty salon offers is to let people terrified: Beautician (2500~9000 yuan), beauty Tutor (3000~10000 element)...... Reason for the emergence of such a span, but the employer the suspense, to job seekers often is "not on the high-low".

Virtual high salary. In August 1st of last year to 7, a company recruitment advertisements in local newspapers called "the salary of over a million". Since then attracted Wei 28 dreams for ms.. The fact is: monthly minimum wage of 1000 yuan, and the rest on commission, if the completion of 1000000 yuan monthly sales, nature can "over yuan a month", the problem is the most complete, a month also completed 300000 yuan of sales.

Virtual high paying ads are the words "million annual salary is not a dream", "the 500000 annual salary in the wave", the job seekers will undoubtedly have a huge attraction. Once the job seekers come to understand, the employer is not What one says is plausible.: I won't give it to you, but you can not afford to take.

　　Weapon: against multiple provisions of rights according to the law

Legal experts think, high salary fraud against the "labor contract law" a number of candidates, rights protection law.

Contrary to the principle of honesty and credit. "Labor contract law" provisions, conclude a labor contract, it shall follow the principle of good faith. Employers hire laborers, shall truthfully inform workers work, labor compensation and other related.

The above three ways, company does not explicitly inform the labor remuneration, was against the "legal obligation to truthfully inform", also violated the principle of honesty and credit. In this regard, applicants have the right to request the relevant departments in accordance with the law, or to apply for arbitration, litigation.

Suspected fraud are contracting negligence. First of all, if the candidates based on recruitment in terms of unknown, leading to apply for travel, accommodation, loss of working time wage losses, according to the "labor contract law" labor contract essential terms about "the text of the labor contract by the employer does not specify the provisions of this law or the employer fails to deliver the labor contract workers the...... The damage to the workers, "the provisions shall bear the liability of compensation claim.

Secondly, if the applicant due to fraud and employers to sign labor contract, may require the confirmation of invalid labor contract, according to the "labor contract law" on the "labor contract is confirmed as invalid, damage is caused to the other party, the party at fault shall be liable for compensation", against the other contracting negligence responsibility. (

31.By car traffic accident vehicle mainly bear it

According to the tort liability law the forty-ninth regulation, by motor vehicle leasing, borrowing situation all people and use are not the same person, after a traffic accident belongs to the motor vehicle party responsibility, the insurance company shall make compensation in motor vehicle compulsory insurance liability limit. Part of the problem, by the user of the motor vehicle shall bear the responsibility for compensation; the owner of the vehicle is at fault for the damage, assume corresponding responsibility for compensation. Therefore, lend the vehicle traffic accidents, a fault causes the owner to lend the vehicle damage, it shall bear the liability for compensation. And what is at fault for the damage, mainly indicates the vehicle safety knowledge also lend out in case of fault. And you just borrow the car Zhang open, so there is no need to take responsibility for. The loss of the insurance company shall bear the liability of compensation, the insurance company is insufficient, the Zhang bear

32.There is no evidence to inform workers

Last November, at a construction company work stone master was the responsible person of the company assigned to a real estate company when the handyman. One day, he accidentally injured at work, was sent to hospital for treatment. At that time, the construction company responsible for man-made stone master to pay part of the medical expenses. After that, the two companies on the stone master everything. Stone master screenwriters, only to find the Fangshan District labor dispute mediation center to help adults.

The mediator to understand, master and building stone company has no labor contract. But to real estate companies when handyman during injury. The two companies have a contractual relationship, real estate company contracts, construction company is the contractor. Real Estate Company should bear the main responsibility in employment, labor relations with the real estate company that stone master. According to the notice of the state "on the establishment of matters relating to labor relations" (labor department No. [2005]12) the fourth stipulation: "the employing units of construction, mining enterprises will Engineering (business) or management right of contracted to do not have the qualification of employment organization or natural person to hire workers, the organization or natural person, the employer shall have the qualification of employment and employment of bear main responsibility." The mediator says, this provision reduces the burden of workers. Workers who can prove that work at the site to determine what, from their closest one have the qualification of employment structure, which can be confirmed by the labor relations.

The mediator to remind, workers in the absence of any evidence, the first owner as the applicant, require confirmation with the employer of labor relations, the employer to shirk their responsibility, will provide relevant evidence. This staff also indirectly obtained evidence.

If workers select v. the contractor, even if the evidence is insufficient, also do not rush to withdraw. We should also require labor relations between confirmation and the employer. Thus, workers can get the evidence from the two cases, mutual supplement and perfect, as the evidence to a certain extent, based on the evidence pointing to what case decided to withdraw, it can achieve the purpose of confirmation of labor relations, and shorten the time of rights.

33.One of the spouses where property is the personal property

Live right anmen in Yulin community's Mr. Liu to judicial advice: "I and his wife Ms. Wang has been married for more than 3 years, after our wedding, my parents bought a set of commercial housing for our husband and wife, property right is registered in my name. Now my feelings and his wife want to divorce, the wife of rupture, the real estate division, the house should be how to divide?"

Statement: this property should belong to Mr. Liu of all individuals, the wife does not have division of property rights. According to the relevant judicial interpretations, after marriage by a party of parents for their children to buy investment property, the property right registration in the contributor in the name of children, can be regarded as a gift only to their children's party, the immovable property shall be deemed to be a party to the husband and wife personal property. Therefore, in this case the property should belong to all Mr. Liu

34.Not liquidated damages cancellation can not bear

Xiao Li and the company signed a two-year contract, but just for 7 months. Recently, he passed the entrance exams for postgraduate study, now he wants to continue his studies, but he also worried that if you resign, need to pay liquidated damages to the unit. The day before yesterday, he told this newspaper advice how to do?

Legal experts say, according to the relevant provisions of the "labor contract law", if the Xiao Li and units have not been liquidated damages of words, only need 30 days in advance written notice to the company to terminate the labor contract on the line. There is no breach of contract and pay breach of contract damages problem. At the same time, according to the "labor contract law" the resignation of employees need to pay the penalty is only applicable in certain circumstances. In this case Li does not belong to this situation. (

35.Under the social security 5 years workers union won compensation for help

In business 5 years, signed a labor contract, but hasn't been to the social insurance, this problem has been plagued by a woolen mill workers as master. Recently, as the master telephone consultation of the Beijing city employee service hotline 12351, interpretation of the relevant laws and policies in the union lawyer, served as the master to the woolen mill put forward social compensation. Yesterday morning, as the teacher told reporters, he and woolen mill has social security compensation agreement, the problem was resolved in the help of the trade unions.

　Staff: 5 years not to pay social security units that have no money

Any teacher told reporters, he from 2007 March line in the woolen mill, sign labor contract entry, 5 years now. Because he is the field of rural household, did not know how to pay social insurance, the employees at the factory have social insurance, also didn't care.

Two years ago, he heard no foreign accounts and local accounts, the employer must give workers to pay social security, he found the factory leadership question, but the answer is no money in the factory, so he didn't get pay social security. As for what to pay, also did not give a specific date for the factory. As the master that the factory does not give him the social security is bullying him do not understand policy. To this end, he called the employee service hotline 12351.

　　The enterprise has to the social security subsidies: an annual payment of 900 yuan

In view of his master reflect problems, the reporter interviewed a staff of the factory, he explained, before a few years, because of the national and Beijing did not publish corresponding different social insurance transfer policy, several other provinces rural household workers in the factory have some misunderstanding on social insurance policy that every month, deduct money in wages, on can't enjoy retirement in Beijing, proposed not to social security in Beijing.

Factory consider this a few workers ideas, not to pay their social insurance premiums, but every year to give them a certain social security subsidies, 900 yuan per person per year, which is reflected by the form of wages. Because any master this knowledge, so always think the enterprise did not give him compensation.

　　Lawyer: is the obligation of payment of social security subsidies must pay

Reporter Office of the master advisory Beijing Huatai law firm lawyers Wang Zhiming. He said that, in accordance with the "labor law" seventy-second article: "employers and workers must participate in social insurance, payment of social insurance premiums." This shows, participate in social insurance, and shall pay social insurance premiums for the legal obligation to unit. Enterprises can not be the cost of social security in the form of cash subsidies to employees, even if the enterprise has already done so, if the staff to the social security department, unit or to pay." (

36.Not to unmarried pregnancy by the dissolution of the labor contract with the female workers

Xiao Xia in August last year, and the 5 sisters came to a company. In a physical examination at the beginning of this year the organization of the company, but found no married Xiao Xia pregnant. Xiao Xia had many times to the company to admit mistakes, request the company not to disclose it, and expressed willingness to deal with. But the company soon and Xiao Xia lifted the labor contract. Company and the Xiao Xia to terminate the labor contract is the reason: Xiao Xia premarital pregnancy, in violation of the relevant provisions of the state family planning, also brought a bad influence on the image of the company, the company through the discussion, decided to terminate the labor contract.

Xiao Xia unmarried pregnancy should terminate the labor contract? This is consistent with the relevant provisions of law?

Here the first thing to point out is, Xiaoxia unmarried pregnancy is not proper, is wrong, do not deserve support and encouragement. However, the company to Xiaoxia unwed grounds, terminate the labor contract, is questionable.

We know, "pregnant" and "education" are two different concepts. Pregnancy, refers to pregnant, pregnant with fetal; Yu, refers to the birth, fetal childbirth pregnant after in vivo. According to the "marriage law", "population and family planning law", "social maintenance fee collection and management methods" and other relevant provisions, usually need to have the following case constitutes a violation of the relevant provisions of the act. First, the lawful marriage, has been the birth of the 1 child, and no licensed family planning administrative departments obtain birth certificates, and second birth behavior has occurred; second, does not have the legal relationship of marriage, whether the first or the first few births, and birth outcome occurs before or after the occurrence of the local population and planning fertility regulation period did not apply for a marriage certificate, birth certificate. Thus it can be seen, the company that the relevant provisions of Xiaoxia unwed violation of national family planning, it is difficult to set up.

In addition, "several situations of termination of labor contract labor contract law" thirty-ninth article made specific provision: (a) proved during the probation period does not meet the conditions of employment; (two) a serious breach of the rules and regulations of the employer; (three) a serious dereliction of duty, engage in malpractices for selfish ends, causing substantial damage to the employer the workers at the same time; (four) establish labor relationship with other employers, a serious impact on the completion of the work unit, or by the employer, if it refuses to make correction; (five) for the twenty-sixth article of this law the first regulation of the first paragraph in the case of invalid labor contract; (six) to be investigated for criminal responsibility according to law. The unmarried pregnancy does not belong to violate "population and family planning law" behavior, is not affected by the "labor law", "labor contract law" and other relevant laws and regulation. Therefore, female worker is unmarried in addition to comply with the "labor contract law" article thirty-ninth circumstances, the employer may not terminate the labor contract.

Xiao Xia suggested to solve the problem through the following ways: to communicate with the company, that attitude, prompted the company to recover the termination of labor contracts; and appeal, to the labor and social security departments to apply for arbitration; to the courts, to safeguard their own rights and interests. (

37.

A unit called the annual leave has offset the worker does not recognize

For Mr. Zhao reflect problems, a cultural company responsible person, they unit is a strict implementation of national regulations of the enterprise, has never been the legitimate rights and interests of workers. The company to terminate the labor contract with Mr. Zhao, but after consultation between the two sides, the company meets the condition of compensation proposed by Mr. Zhao, have no dispute between them.

At the same time, the responsible person said, in 2011 the company do not arrange Mr. Zhao to take annual leave, it's because Mr. Zhao in 2011 spring festival home to invite a few days leave of absence, and proposed the use of annual leave offset, company agreed, so they think it actually is to arrange for annual leave Mr. Zhao. Now Mr Zhao asked the unit did not pay off false economic compensation, there is no reason.

For this is the culture of the company, Mr. Zhao did not agree: "I go home in Spring Festival in addition to leave, also invited a few days leave, because my girlfriend and I had some good, went to Hongkong in December, impossible to use annual leave Chong serve the purpose of false."

However, no matter is the culture of the company and Mr. Zhao, but there is no evidence that their claims.

　　Annual leave accumulated less than 20 days can enjoy the annual leave

In this regard, labor dispute mediation center mediator in heard both sides statement, the responsible person of the company, with the culture of Mr. Zhao told the state for the relevant provisions of staff annual leave.

According to the 2008 implementation of the "Regulations on paid annual leave for employees" and "enterprise employees paid vacation implementation measures" provisions, the dissolution or termination of the labor contract by the employer and the worker, when the annual workers not scheduled to be closed over the holiday break, shall be in accordance with the workers in the work time conversion should not rest on the days of annual leave, and not to pay 300% of the wages, but after the conversion of less than 1 day he shall not pay the payment for untaken annual leave days. At the same time, leave and annual leave is two different holiday system, should not be mutually offset. In addition, the staff please leave accumulated more than 20 days and the unit does not deduct wages in accordance with the provisions of, was not entitled to annual leave.

According to Mr. Zhao and units of the dispute, a mediator thought, culture company fails to arrange Mr. Zhao Hugh annual leave, and early termination of the labor contract, should pay Mr. Zhao 300% years leave salary in accordance with the provisions of. Culture company said Mr. Zhao to annual leave for leave, but because of the cumulative annual leave 20 days, did not reach is not entitled to annual leave conditions, so the culture of the company shall pay Mr. Zhao did not take annual leave pay.

Finally, the culture of the company accepted the mediators, and Mr. Zhao consensus, agreed to Mr. Zhao pay the payment for untaken annual leave days.

So far the cause of annual leave induced labor dispute, drew a satisfactory full stop. (

38.The relationship between the change of ownership housing still

Sun Xing rented Song Jian dressing rooms to do business, the two sides signed a rental contract, and clear the lease period of 5 years. Two years later, Song Jian to the dressing room to sell, so to find the sun star asked him whether to buy, said in the sun star does not buy, Song Jian put the dressing room to Li Xiaobo.

The housing transfer, Li Xiaobo to the identity of property rights to find the sun star, or a request over the lease contract, or to increase the rent, but Sun Star refused, said he and Song Jian signed a 5 year contract, now not to the agreed time limit, do not agree to end early, but the rent standards also clearly agreed, cannot be increased.

Li Xiaobo thinks, the contract is signed sun star with the original housing ownership of Song Jian, is not binding on their own requirements, sun star out housing, and compensation for himself as a property, the cause of our own Sun Star occupied housing losses. The resulting dispute.

Tongzhou Huo County judicial mediation think: in accordance with the "contract law of the people's Republic of China:" leasehold ownership changes occurred in the lease period, the lease contract does not affect the validity of the. In this case, a sun star with the original owner Song Jian housing lease agreement legally effective, should be protected. In the lease period, housing property changes, the property rights of people to play Li Xiaobo, this does not affect the original housing lease agreement.

Li Xiaobo in the purchase of housing and the housing has the valid lease contract, in the property after the change, the original lease contract shall continue to be valid for the new owner of the house of Li Xiaobo. (

39.During the three period of women unit discharge is invalid

Ms. Chen readers said: in the workers, like the female workers, foreign workers belonging to vulnerable groups, their rights and interests of the vulnerable female workers, such as "three" rights and interests is easily infringed, the girls do not often dismissed workers during pregnancy.

Legal remind: Ma lawyers said, in order to effectively protect the legitimate rights and interests of vulnerable groups, the law on illegal remove labor contract or not to contract the punishment measures. If pregnant female worker is to terminate the contract, it may require the enterprise to pay wages until lactation. Because the female worker "pregnancy, lactation, producing" three stage employing unit unjustifiably cancelling the contract is invalid, even if the unit to do so, the contract will be automatically extended to the end of lactation. (

40.Unit adjustment Gang should ensure that workers equal pay for equal work

Ms. Hu in August 1, 2011 signed with the company for a period of 3 years of labor contract, by her as the company's warehouse, 2000 yuan monthly salary. After three months, the company without her consent, the production staff shortage on the grounds, will she transferred to must be on the night shift, high noise, dust, more hard work, but the wages are not in the same level of workshop employees calculation. She asked the company to increase wages, but was refused. The reason is the unit with the employing autonomy, can according to the performance of employees working ability, the adjustment of positions.

Legal experts say, why we can not be established, Ms. Hu has the power to require the company to increase wages.

On one hand, company transferred Gang beyond the employing autonomy category. Although, during the existence of the labor relations, the employer may use engineering management autonomy of workers, according to the post and personnel adjust the actual situation, but the premise to see the employer tone hillock, the labor intensity of the workers and working conditions, including salary reward, job duties, working time, labor strength, place of work, working environment and safety and hygiene conditions and whether the original labor contract is the agreement. If not pretty, it shall pay.

On the other hand, the company adjusted Gang constitutes a breach of contract. "Labor contract law", the unit and the laborer shall be in accordance with the stipulations of the labor contract, fully perform their respective obligations; a unit and a laborer, can change the content of the labor contract. The change of labor contracts, shall be made in written form. In this case, company unilaterally change the labor contract, labor contract and adjustable gang has resulted in large changes, but not with Ms. Hu consultation, nor to use written form change, obviously contrary to the.

Finally, the company is also in violation of the "labor law" on the provisions of the "equal pay for equal work". "Equal pay for equal work" refers to the employing units for workers engaged in the same work, pay the equivalent amount of labor and obtaining the same labor performance, shall pay labor remuneration equivalent.

41.Son in a car accident life for sure grandson is young and have the right of inheritance

Recently, Chang Gou Zhen Fangshan villagers Mr. Wang consulting, son had an accident, life on the verge of death or destruction. If the son has what accident, grandson is too small to have the right to inherit the property of the son?

Argument: according to the "general rules of the civil law" provisions of article ninth, the citizen from birth to death, have the capacity for civil rights in accordance with the law, enjoy civil rights, assume civil obligations.

The capacity for civil rights is the legal qualification must have a subject of civil legal relationship. This qualification is innate, irrespective of age. The capacity for civil rights is different from the civil conduct capacity, capacity for civil conduct is the legal qualification refers to the civil subject independent of the implementation of the civil legal act, normal people only reach a certain age is. Minors belong to limited civil capacity or a person without capacity for civil conduct.

In this case, Mr. Wang's grandson, due to the young and has no capacity for civil conduct, but this does not affect its capacity for civil rights. As a citizen, Mr. Wang's grandson can obtain property through the acceptance of the gift, inheritance, etc.. (

42.Inheritance is the vehicle transfer procedures can not be less

Mr. Sun's father died and left behind a car, he is the father's only son, his mother couldn't drive a car, the car to Mr. Sun directly inherited, Mr. Sun get your driver's license and a written with his father's name on the open after a period of time, feel heart is not practical, and consulting, inheritance whether the vehicle should handle the transfer procedures.

Legal experts say, Mr. Sun's father's death, according to the provisions of the law of succession, Mr. Sun's mother and himself are successors first in order, such as Mr. Sun is going to inherit the father's car, the best to apply for notarization. At the same time, according to the "property law" provisions, motor vehicle registration for transfer, in order to fight against a bona fide third party.

Therefore, in order to avoid future disputes, Mr. Sun can be in notarization, to the relevant departments to handle the procedures for transfer of vehicle ownership.

43.Party premarital investment stock marriage benefits can be divided

In 2009 June, Mr. Liu bought 150000 yuan stocks with personal savings, a few days later Mr Lau and Miss Zhang married. In 2012 February, divorce, marriage and common property division, but two person of Mr. Liu's stock return differences.

In 2012 February, Mr. Liu's stock has increased to 200000 yuan, Miss Zhang for sharing, and Mr. Liu believes that the stock is their premarital buy, should belong to the individual property. The deadlock, judicial consulting.

China's "marriage law" eighteenth article: one of premarital property as a party to the husband and wife property. The Supreme People's Court on Issues Concerning Application of "marriage law of the PRC" interpretation (a) the provisions of article eleventh: during the existence of marriage relationship, one party to personal property investment gains should belong to the common property of all.

According to the law, Mr. Liu spent 150000 yuan stock investment to premarital personal property, Miss Zhang can not require segmentation. 50000 yuan income but after married couples investment stock has the joint property of husband and wife, Miss Zhang can be divided equally.

44.Custom made uniforms subcontract, who bear the responsibility?

I plant with a clothing factory responsible person Zhang signed 56 sets of overalls made contract. But Zhang without my consent will be completed by the Lee garment processing. After approval, the clothing does not meet the requirements, but Zhang and Li mutual shirk responsibility. Excuse me, I to whom the claim?

Answer: the provisions of our contract law, the Contractor shall use its own equipment, technology and labor, to complete the main tasks, except otherwise agreed by the parties. The contractor will be mainly the hired work completed by the third party, should be third people completed work to set for life; without the consent of the will of life, will be may rescind the contract. The contract is the responsibility of the signing of the contract parties and you, Zhang to you the contract shall bear the liability for breach of contract, Lee does not need to assume responsibility for their own work done to you. So, you just asked Zhang to assume responsibility to.

45.Not sign the contract in March is resigned workers only do card to adults

Mr. Wang in December last year to a mall to do shopping, but for nearly three months, the unit has not given him to sign labor contract, did not give him wages. As for salary, had a quarrel with his boss and. Later, the boss to give him to quit. Now, the boss does not admit a labor relationship with him. Mr. Wang is currently the hands of evidence only unit sends the card. His advice: what rights?

In this regard, Yingke Law firm lawyers Wang Lijuan said, according to the law, with the Japanese employee employer that establish labor relationships with workers, and shall conclude a written labor contract. If the employer fails to conclude a labor contract with the worker, found the existence of labor relations can be reference to salary payment voucher, employers to grant workers "work permit", "service licence". In this case, Mr. Wang got only unit the card, if the card write Mr. Wang name and official seal units, can be used as proof of the existence of the labor relations with the units of the evidence. (

46.Workers do not sign the contract is terminated labor relations unit should provide what written evidence

A unit in July last year received 10 occupation college students, after preliminary investigation decided to sign labor contracts with them. But the unit was greatly surprised, they collectively expressed reluctance to sign labor contract, also need not pay social security, and a written promise not to pursue the double wages. The unit that once they go, the unit will face the arbitration or litigation. Ask: the employer for workers do not sign labor contract act should take what measures? How to prove that do not sign labor contract behavior is caused by the workers?

"Regulations" provisions of article fifth of the implementation of the labor contract law: "within 1 month of employee, the employer written notice of workers and employers, not to conclude a written labor contract, the employer shall give written notice to terminate the labor relationship between the laborer." In accordance with the above provisions, the employing units for workers do not sign labor contract, the only way is to terminate their labor relations, otherwise, not only may cause double pay risk, but also by the "social insurance law" provisions of punishment.

That do not sign labor contract behavior is caused by the workers, is a passive management behavior of enterprise, in actual operation, the employer needs to keep a written evidence of four, or may be caused by the burden of proof can not bear the legal consequences.

One, the employer must establish self and workers within 30 days as of labor relations, labor contract notice to workers issued a consultation in written form, the employing unit shall retain workers received notice evidence. Of course, the employer may also take other forms to inform, as in the publicity of factory affairs column posted notices, but should also be the signature confirmation, to prevent future trouble. Note here, can't wait for nearly 30 days before performing the obligation of informing, shall provide the labor contract negotiation time.

Two, workers and employers not to conclude a written labor contract, there are three cases, one is the forgotten or ignored, two is the terms of the contract are not satisfied, three are deliberately not signed. No matter what kind of situation, the employing units in accordance with the best "contract law" provisions of article ninety-fourth, to urge the obligation, notice book in written form to inform, let laborers signature as the preservation of evidence.

Three, to the employee a written notice of termination of labor relations, the former two link time, termination of the reasons and legal basis for the termination of labor relations, as the lead, so that workers sign again signed labor contracts as evidence of rejection.

Four, to the employee a written certificate certificate of termination of labor relations, should cover all contents of "Regulations" article twenty-fourth of the implementation of the labor contract law, so that workers in the labor contract management account on the receipt.

The above-mentioned four aspects, as long as the employee in any ring refusal or denial, employers difficult burden of proof. Therefore, the employer shall try to contract employment, standardize the employment management, especially the program management. In addition, the above procedure, if the worker directly in the agreement signed labor contracts signed confirmation notice not signed a written labor contract with the employer, can be omitted for exhortation obligations; if the employee refuses to sign on any notice, the employer may by more than two staff signature proof; if to inform workers have difficulty, should in order to express mail, and properly keep the postal inquiry.

47.Extension of rent, the landlord will surrender?

Anhui one reader asked: last year I rent, contract rent every half a year to. This year I'm late for a few days to rent, the owner I don't rent on time delivery on the grounds, the lifting of housing lease contract. Excuse me, delay in delivery of the rent, the landlord can terminate the lease contract?

Answer: the provisions of the contract law, the lessee without justifiable reasons, fails to pay or delays the payment of the rent, the lessor may require the lessee to pay within a reasonable period of time. The lessee fails to pay within the time limit, the lessor may terminate the contract. If the lessee fails to pay the rent without justified reasons or to delay the payment of rent, would constitute a breach of contract. But should exercise the right of interpellation lessor cancellation, require the lessee to pay within a reasonable period of time. If the lessee is late payment, rental personnel may rescind the contract.

48.Company unilaterally replace hard work staff could have asked for a wage increase

Editor comrade:

I apply to a company as a warehouse keeper has three years, recently, the company without my consent, the production staff shortage on the grounds, will I transferred to must shift, high noise, dust and more work, but wages are not in the same level of workshop employees pay. I require the company to increase the salary was rejected. The reason is the company useful work autonomy, excuse me, the company can adjust staff?

Hu Ping reader:

Although the employer may use engineering management autonomy of workers, according to the post and personnel adjust the actual situation, but the premise is the basis of the original labor contract can not be shaken. You are applying for the warehouse keeper work, and the unit will you into productive workers, the work content, your working time, labor intensity, place of work, working environment has undergone major changes, beyond the original labor contract, shake the foundations of the original labor contract. The labor contract law article twenty-ninth, article thirty-fifth prescribes: "the unit and the laborer shall be in accordance with the stipulations of the labor contract, fully perform their respective obligations", "a unit and a laborer, can change the content of the labor contract." Company unilaterally adjustable gang led to the original labor contract changes, but not to consult with you, obviously belong to the default. Therefore, the company shall pay increase for you. The company is not in accordance with the labor contract to fulfill the obligation, you can terminate the contract and claim damages. If you accept the post, the company must give you get paid according to the same level of workshop employees. Labor law the forty-sixth regulation: "the distribution of wages shall follow the principle of distribution according to work, equal pay for equal work." Here the "equal pay for equal work", refers to the employing units for workers engaged in the same work, pay the equivalent amount of labor and obtaining the same labor performance, shall pay labor remuneration equivalent.

49.Not on time for the transfer of property rights housing seller shall bear liability

Zhang is a unit of employees, the internal subscription price to buy units of public housing, public houses by the units specified units without a commercial housing and transfer in the market. Zhang was secretly will sell the house with Lee, but Lee paid 1629 after a long period of time, Zhang still did not cooperate with the Lee will all of the housing transfer to Lee's name. After Li Mou that, Zhang and no right of unauthorized sale of the housing, excuse me, at this time, Lee how to safeguard their rights?

Legal experts think, commercial housing sales contracts agreed or "Regulations" City real estate development and management thirty-third provisions for more than a year the housing ownership registration deadline expires, the reasons of the seller, the buyer was unable to handle the housing ownership registration, the buyer requests rescission of the contract and compensation for losses, shall support. Visible, Lee can request cancelling the contract and compensation for the corresponding losses to Zhang, Zhang is because, due to the fault of can not handle the housing ownership registration. (

50.Enterprise "escrow" contract worker shall have the right to return

 At the end of last year, because of changes in the content of the contract, the pony's trading company and he re signed a labor contract, but to his surprise, he signed on the contract, the company directly to the contract away. He fears that no proof and unit labor relations in our own hands, labor rights be infringed, so call the Beijing municipal employees service hotline 12351 consultation, have the right to return to the contract.

　　Workers: the labor contract signed after he was away

He told reporters, he is a trade company, had been with the company signed a 3 year contract. 11 at the end of last year, the company restructuring, he was taken to the post adjustment, will he sent to a subordinate company, labor relations has not changed, jobs and wages have not changed, but need to sign the labor contract.

After that, the pony as requested by the company, in the new labor contract signed, but signed after, before the company's personnel department and didn't like to give him a, but will be two copies of the contract are take.

This year in March, he found the personnel working staff in the company, ask the labor contract if you can give yourself a, but the other said, from last year the labor contract is retained by the company, not to the workers. No written materials on hand, he worried about his once and disputes between companies can't prove themselves and the company's labor relations. He found the service center staff, want union lawyer help.

　　Enterprise: fear of workers lost escrow for safety

"Labor contract law", the unit and the laborer consensus, can change the content of the labor contract. The change of labor contracts, shall be made in written form. The unit and the laborer shall each hold one copy of the labor contract after the change. The pony's trading company why contract "escrow"? In this regard, a staff member of the personnel department, labor contract by the employee to save more important, once lost, disputed is not good that the responsibility. For security reasons, the company since last year, the labor contract for workers to save.

However, the two copy of the labor contract by the enterprises for safekeeping, once the worker and enterprise dispute, written materials in the enterprise hands, their worry about rights may not be guaranteed. Journalists in the survey found, and he has the same encounter many workers. Some employers with all sorts of reason distrain the labor contract by the employee retention of the. By employing units after the infringement to rights, in their own interests, but also does not have the text of the labor contract, it is difficult to prove himself and the employer of labor relations, leading to the legitimate rights and interests of many not timely maintenance. Many workers said, do not have the text of the contract, the rights when trouble.

　　Lawyer: seizure staff contract damage enterprise should bear the responsibility

For the above situation, Beijing City, Xicheng District Labor Dispute Mediation Center Union lawyer Wang Zhiming said, in fact, China's relevant laws to manage the labor contract is defined. Enterprises to "arrest" the labor contract with employees, obviously belong to illegal behavior, of course, have the right to return to the workers. In addition, if the loss is caused to the employee, the enterprise shall bear the liability for compensation.

"Labor contract law" sixteenth stipulates: "the labor contract by the employer and the worker consensus, and by the unit and the laborer on the text of the labor contract signed or sealed. The unit and the laborer shall each hold one copy of the labor contract." At the same time, the eighty-first also provides that: "the text of the labor contract by the employer does not specify the provisions of this law, the labor contract essential clause or the employer fails to deliver the labor contract to the employee, the labor administration department shall order rectification; causes damage to the employee, it shall bear the liability for compensation."

The lawyer Wang Zhiming interpretation of the relevant laws and regulations and the mediation, the company agreed to the labor contract to the pony, pony is relieved.

In addition, Wang lawyers also suggested, enterprise "escrow" labor contract law has not yet set up the penalty clause. Therefore, he suggested that the relevant departments from the protection of legitimate rights and interests of the staff perspective to make corresponding regulations. For example, expressly enterprises signed labor contracts with the workers, to one of them to the workers, and workers. If the worker did not sign labor contract, as a non delivery, which triggered the dispute, enterprises should bear the corresponding responsibility. To let the employer to deliver the labor contract workers.

51.Female worker is "three" the rights

Since the women's rights since the series published reports, many readers have been calls for consultation on the "three period" during pregnancy, childbirth, lactation is special physiological period of leave, salary payment, the performance of the labor contract and to relieve the problem.

To this end, the reporter specially invited the director of the Beijing strategy of law firm labor law lawyer Jing Tong made analysis, hoping to provide some legal rights for women workers reference.

Reporter: "three" period, women employees enjoy what holiday? Specify how to?

Jing Tong: female workers belong to a special group, in the "three period" during the national holiday has clear provisions, including: maternity leave, miscarriage.

Women serving perinatal leave benefits, generally from the delivery before the half a month to two months postpartum, late May before and after up to 4 months, reproductive female employees enjoy less than 90 days of maternity leave. According to the provisions of article eighth "female worker labor protection regulations", female worker maternity leave of 90 days, including 15 days of prenatal leave; dystocia, increase maternity leave 15 days; multiple births childbirth, each bear a baby more, increase maternity leave for 15 days. In November 21, 2011, Legal Affairs Office of the State Council published the full text of "the special labor protection of female employees regulations (Draft)", will leave from 90 days to 14 weeks.

According to the Beijing municipal implementation of "certain provisions of sixth female workers labor protection regulations", female worker is pregnant abortion, based on proof of the medical department, less than 4 months of pregnancy, maternity leave of 15 days to 30 days; more than 4 months of pregnancy, maternity leave of 42 days.

Reporter: in order to defend women workers have the right to ask for leave?

Jing Tong: female worker that accords with family planning within the scope of the pregnancy reaction is bad and need to defend, the doctor according to the rest of the proof of approval, according to sick leave processing, during the period of medical treatment in medical insurance treatment. Within 6 months of receiving the request for sick leave; more than 6 months, in accordance with the regulations for medical allowance to birth date. From the birth date of stop hair disease relief, redirect maternity pay, and also enjoy other fertility treatments. Maternity leave expires is required after illness, from maternity leave expires date, continue to send medical allowance, the sick time should rest with the sick leave before bearing and tocolysis period.

In addition, female worker is the extra uterine pregnancy, hydatidiform mole is a pathological phenomenon, does not belong to the normal pregnancy or abortion, so need to lay off, also should be treated according to the treatment of sick leave.

Reporter: "three period" during female worker with salary? If there is, what is the standard?

Jing Tong: according to the provisions of article fourth "female worker labor protection regulations", the employing units shall not in female workers during pregnancy, childbirth, breast-feeding reduce the basic wage. The basic wage, is in accordance with the provisions of the standard or the standard contract terms of plan hair salary, for example to implement structural wage system in the basic wage, post wage.

If the employer has joined the fertility insurance during female worker maternity leave, the employer can not pay wages. The labor department issued "birth insurance for enterprise employees Trial Measures" provisions of article fifth reproductive female employees enjoy maternity leave in accordance with the provisions of laws, rules and regulations. During maternity leave maternity benefits in accordance with the average wage of the worker of the year on the month plan hair, pay by birth insurance fund.

Reporter: you just mentioned no lactation, lactation have a holiday? Lactating women to enjoy what right?

Jing Tong: lactation refers to postpartum mothers with their babies breast milk feeding period, is the beginning of the suckling to this period of time to stop breast-feeding, generally about 10 months to 1 years.

"The provisions of article ninth female worker labor protection regulations", have dissatisfaction the female worker one year old baby, the unit shall give them two feeding at the class time (including artificial feeding) time, 30 minutes each time. Multiple births childbirth, every many lactation a baby, every time of lactation increases 30 minutes. The two nursing times in each labor time, can be combined to use. Time of lactation and lactation time for travelling in the unit, count work time. The provisions of article tenth of female workers in the lactation period, where the units are not provided for their country to engage in physical labor intensity of the third class and lactation taboo to engage in labor, must not extend its work time, generally not engaged in night of their labor.

According to the Beijing municipal implementation of "certain provisions of seventh female workers labor protection regulations", female worker lactation (including artificial feeding) one year old infants, units should be in accordance with the "Regulations" requirements, arrange the time of lactation. Female worker lactation a baby's first birthday, shall not be extended lactation. The baby is particularly weak, the medical department that, according to the specific circumstances, appropriate to extend the lactation. Lactation period during the summer, lactation period may be extended for 1 months to 2 months.

Prolonged lactation, such as female worker maternity leave provisions of family planning is full, the medical department that the baby is weak or no measures, work units in the distance, tending the baby is indeed difficult, upon his own application, approval, please lactation leave for 6 months.

Reporter: "three" period, female workers and units can not terminate the labor contract?

Jing Tong: not really. According to the "labor contract law" provisions of article forty-fifth, enterprises and the "three" female worker labor contract if the expiration, should automatically postponed to the end of "three period". But if some special cases, should be a concrete analysis of concrete problems:

First of all, "three" female worker during the probation period, the enterprise not only to the pregnant as a reason to terminate the labor contract. In addition, the "labor contract law" provisions of article thirty-ninth, "three" female workers still need to accept that the employer assessment in accordance with the legal requirements in the probation period, do not meet the conditions of employment, the employer may terminate the labor contract according to law, and shall not pay economic compensation. The employer should make clear its recruitment requirements, conditions, to retain the integrity of probation appraisal records and files eventually form the results of the appraisal, confirm that "three" female workers do not meet the conditions of employment, may terminate the labor contract according to law, to ensure that enterprises there is no fault or misconduct.

Secondly, "three" female worker is a special legal protection, but if the acts of serious violations of the rules and regulations of the enterprise, so the enterprise has the right to terminate the labor contract in accordance with the law.

Enterprises must be in the "Employee Handbook" and other rules and regulations specified in the "because of serious violations of the rules and regulations of the company, the company has the right to be dismissed" situation, at the same time through the "Employee Handbook" and other rules and regulations signed or will "Employee Handbook" and other rules and regulations as the contract way to ensure each employee clearly aware of the rules and regulations.

52.By "holiday" layoffs unit is illegal

Because of the holiday is quit, recently, 5 migrant workers to Yanqing County, the jurisdiction for help.

Before the Spring Festival this year, 5 units of oral notice them indefinitely holiday, and previous wage settlement, while the two parties to a labor contract has not expired. They went home to wait for work notice, after two months, still no news of the unit that, temporarily no stem, let them continue to.

Staff to understand the situation pointed out that, according to the "provisions of Beijing Municipality on wage payment regulations", the non shutdown, the employer employee business caused by reasons, in a wage payment period, the employer shall provide normal labor wages paid to the employees; the employer arranges laborer to work not, shall pay the laborer basic cost of living according to not under standard of this city minimum wage 70%. Eventually help 5 migrant workers to recover the entitlement.

The staff remind the migrant workers friends on holidays, to "cover" dismiss employees, belong to the unilateral termination of labor relations, we should give the economic compensation. If the unit does not terminate the labor relationship, and no arrangement worker job, need to pay workers basic living expenses in accordance with the law, otherwise it will constitute a tort. (

53.Early work was injured still belong to inductrial injury

Because of fears that the morning rush hour traffic jam, Mr. Wang and early every day two hours drive to work. On Monday, he drove quickly to the unit, because the red light was a drunk driving Mitsubishi car hit. The door was damaged not said, Mr. Wang's leg was injured in the crash, after the hospital for knee ligament lacerations, needs to rest for about a month. Yesterday, Wang call our hotline, the normal way to work injuries can be work-related injuries, such as he two hours in advance to hurt still belong to inductrial injury?

In this regard, Yingke Law firm lawyers Wang Lijuan said: in accordance with the provisions of the newly revised "industrial injury insurance regulations", on their way to work, is not my main responsibility of traffic accident or the city rail transit, passenger ferry, train accidents, should be identified as work-related injuries. While Mr. Wang was ahead of time to work, but is still way to work. Therefore, Mr. Wang injuries should be identified as work-related injuries. Units shall be handled by the industrial injury insurance, if not for Mr. Wang to pay industrial injury insurance, it shall bear the relevant costs.

54.Consignment of goods damaged and help adults

South of City Industrial and commercial bureau "12315" command center recently received home from South City of Mr. Wang telephone complaints, complaints of a freight logistics company checked plastic pipe cracks, compensation for losses, safeguard their legitimate rights and interests.

According to the investigation, the original Mr. Wang from the company checked a number of plastic pipe, the value of 2300 yuan, because of something not timely delivery, the freight forwarding and logistics company after the return of goods storage. Mr. Wang to delivery in January 26th found that plastic pipe all cracks, require the company to pay the entire paragraph. Freight logistics company responsible person only agreed to remove the logistics costs 1500 yuan, but Mr. Wang believes that this batch of goods value and the logistics cost is 800 yuan, the amount is not small, and the delay of the plastic pipe, suffer economic loss not to pursue, as long as the goods up to claim.

"12315" command center responsible person on this issue to find the freight forwarding and logistics company responsible person Yang, patience to explain to him according to the law responsibility division of China's logistics and transport, to insure the goods shall be full compensation, Yang agreed to full compensation for Mr. wang. (

54.Late for work out whether calculate inductrial injury accident

In 2011, Wang had a traffic accident on his way to work, but the company to more than work time is denied industrial application, help the labor department, the Labor Department asked Wang to produce 120 time out, time to apply for work-related injuries and work that will have a direct relationship? Late for work in the traffic accident can not calculate inductrial injury?

Lawyers answer: according to the "Regulations" provisions of the industrial injury insurance fourteenth, staff in any of the following circumstances, should be identified as work-related injuries:

(a) in workplace and working time, by the accident injury due to work reasons.

(two) after working hours in the workplace, engage in work - related or preparatory work by the end of accident.

(three) in workplace and working time, due to violence and other injuries to the performance of his duty.

(four) suffer from occupation disease.

(five) work out during the work, due to injury or the cause of the incident One's whereabouts is a mystery..

(six) on their way to work, my main responsibility is not accident or city rail transit, passenger ferry, train accident.

(seven) the provisions of the laws, administrative rules and regulations shall be identified as work-related injuries and other circumstances.

According to the sixth paragraph, as can be seen, to determining injury, mainly to see whether bear the main responsibility in the traffic accident, if not responsible, can be identified as work-related injuries. Although not within the work time, work place, but as long as the accidents related to work, after all, is on the way to work, which is due to perform their duties or business, so also constitute injury.

55.If operators take for money

The baby isn't work wages should be reproduced

MS Xie in the work of a design company, at a distance of pre production period is ten days, Ms. Xie submitted maternity leave application to the design company. However, the application is not approved, Ms Xie repeatedly and design company consultations, the final design company agreed to let her go home and rest, but the condition is never to pay her.

Hugh after three months of maternity leave Ms. Xie to request the design company reissue the maternity leave period wages on the grounds, filed a complaint to the labor arbitration committee. The Arbitration Commission supported Ms. Xie's request, design company appealed to the court. The court verdict design company according to the original wage MS Xie pay maternity leave to their wages.

Beijing Haidian District court of labor dispute court judge Jiang Wanying remind mothers, the law provides two kinds of most important protection for female workers during pregnancy labor rights, one is the protection of "three stage" female workers' economic interests, basic wages that the "three period" shall be reduced; two is to protect the "three period" female workers leave entitlements, namely the vacation time shall not be compressed. According to the "female worker labor protection regulations", female worker maternity leave of 90 days, including 15 days of prenatal leave, design companies do not allow MS Xie ahead of ten days of maternity leave, a clear violation of the provisions of the law "three" female worker vacation time. Ms. Xie three months non payment of wages during maternity leave, and in violation of the law shall not reduce the "provisions of the basic wage of three period" of female workers.

　　Property checking time cannot deduct wages

A shopping mall sales Wang after pregnancy because regularly to the hospital for prenatal care, every one or two weeks to please a false. Store HR Director Wang think, the working time for check, should be handled in accordance with the situation of sick leave, so she do pay check that is in accordance with the standards for the sick pay. And according to the mall staff management system, if Wang during the quarter cumulative leave for more than ten days, will keep this quarter bonus. "Check can not do, but every time the deduction of wages, which increased my economic pressure in the invisible." Wang for this very distressed.

According to the judges on Jiang Wanying, according to the "female worker labor protection regulations", pregnant female workers in the labor time for prenatal examination, should be counted as working time. The decision of the market clearly belong to illegal behavior, Wang has the right to report to the relevant departments according to relevant laws, rights.

But expectant mothers need to pay attention to is, along with the business management provisions of the gradual maturity, the female workers in the prenatal examination should also be in accordance with the enterprise attendance management regulations, perform necessary leave formalities, and pay attention to keep the relevant medical records, avoid because of procedure and evidence of maintenance during pregnancy, affecting their legitimate labor rights.

　　Abortion also false is not the same

Miss Wu after graduation in 2008 into a technology company, the marriage because of unintended pregnancy and abortion. After the operation, the doctor told her to leave a month. Legal knowledge Miss Wu understood according to his past, know the mother had three months of maternity leave, so submitted three months of maternity leave for.

Companies think that Miss Wu abortion belongs to self termination of pregnancy, should not enjoy legal maternity leave treatment, so in accordance with the doctor, only agreed to let Miss Wu on leave for a month, and this month's salary will be in accordance with the sick leave wage payment. Miss Wu filed a labor arbitration.

The judge said that, according to the provisions of "female worker labor protection regulations", abortion pregnant female workers, in their units should be based on proof of the medical department, give a certain period of maternity leave. Miss Wu and technology companies on the female worker protection regulation has misread: Ms. Wu did not advocate three months of maternity leave, technology companies should give Ms Wu a months of maternity leave according to the doctor's advice, but during this month's wages shall be issued as usual. The judge reminded the women workers, to accurately understand and apply the law, legal safeguard, also don't over rights.

56.9 work-related injuries shall be entitled to what?

I from 1993 to now in my 19 years of service units. In 2008 June on the way to work, I had a car accident, after the Labor Department identified as work-related injuries 9, get 8 months salary compensation, at the end of last year to illness, I can not work now, to the hospital opened sick units do not give the basic wage, would like me as if with unit lifting of the labor contract to get how much compensation?

Answer: according to your statement, if you because of body reason to ask for sick leave, unit non - payment of wages is illegal, according to the relevant provisions, it shall pay you sick pay; in addition, if you follow the unit labor contracts, because you are the 9 work-related injuries, still can obtain two payment: a one-time payment of disability, grants from fund of inductrial injury insurance, nine class disable for work-related injuries, 8 months before the January I wounded payment; two, to terminate the labor contract expires, or injured employees terminate labor contract, by the employer to pay a one-time industrial medical subsidies and grants for the disabled in employment, nine disabled, two grant standard combined to average workers in the city last year monthly wages for 10 months.

57.Pre job training or work-related accident

Last May candidates to an automobile parts manufacturing company. According to the rules in our company, the new employee will undergo a 3 month pre job training, training period according to the staff, hiring.

During the training period, Wang in the factory to carry automobile fittings when he was a steel pipe is inserted into the eye, the diagnosis of non penetrating injury of mechanical ocular injury. Wang injured, require the company to pay the medical expenses, but the company has not yet and Wang Mou to establish labor relations grounds to refuse to pay.

Argument: according to "labor law" the relevant provisions, accept the occupation skill training workers enjoy the right to. The employing units shall, in accordance with the law to protect the rights of workers. "Labor contract law" also stipulates, in Japanese employee employer and worker has established working relationship. Pre job training is the rights of workers, but also the employer's obligation. Pre job training to the actual labor, labor relations and establish. Therefore, since the first day when Wang attended the training began with the company to establish the labor relationship, the company should bear the responsibility for the injury.

58.The probation period dispatched workers who set

I is a Human Resources Inc based on the labor dispatch agreement signing a new employee, company sent me to a trading company, trading company proposes to set a probation period for me. I think I am the employees of Human Resources Inc, trading company has no right to give me the probationary period. Excuse me, the dispatched workers who set a probation period?

Chen Ran reader:

According to the provisions of the third paragraph of the labor contract law nineteenth, less than 3 months to complete a certain task as the term of the labor contract or labor contract, no probation period may be agreed upon. This means other labor contract probation period may be agreed upon. The labor dispatch is a special form of employment, labor dispatch legal not to how to set a probation period stipulated directly, make however, between laborers and the labor dispatch unit is given a labor contract relationship, so can only send the workers and labor units for the labor contract law, the labor dispatching unit (according to the labor contract law fifty-eighth regulation, the labor dispatch unit for the employer) to set the probation period, there is no labor contract relationship between the employing unit and dispatched workers, not to send workers to set a probation period. According to the labor contract law the sixty-second regulation, the employer shall provide the dispatched workers job training as required. According to the labor contract law the sixty-fifth regulation, the worker can not do the work, after training or adjustment to work, still can not work, the employer can be dispatched workers returned to the dispatch of units, the labor dispatch unit in accordance with the relevant provisions of the labor contract law, and the labor dispatch employees to terminate the labor contract. Of note, the labor contract law the nineteenth provisions of the second paragraph: "the same employer and a worker may stipulate only one probation period." The labor dispatch unit to another unit in the dispatched employees, can't set the probation period.

59.

Old wounds for changing of the guard is not approved by speech

Lawyer: unit probation resign shall explain the reason

Because the body is unwell work, still in probation of the van to the responsible person of the enterprise the changing of the guard, but that he did not think of is, not only the position not changed, the company also offered to let him leave.

Doubts over the, Xiao Fan for 12351 service hotline, asked whether it was legal enterprise.

　　Staff: hand ligament is proposed

12 at the end of last year, a small fan for candidates to the city for a foreign enterprise as workers in the workshop, punching production line. Candidates, the company leadership very cordial, van feel that this enterprise is good, after the interview, he and the company signed a 3 year contract, the probation period of 3 months, from December 31, 2011 to March 31, 2012.

In January this year, Xiao Fan found himself in work hand and arm always not now, he thought that he has not yet adapted to the new job. Later, this feeling is more and more obvious, and sometimes dull, Xiao Fan worried that they may be affected by the injury.

Go to the hospital examination, the doctor told the small fan, his hand ligament are pulled, is mentioned before is too heavy objects cause, at present some muscular atrophy, is not a big problem, but not suited to do the heavy lifting. Therefore, he proposed to workshop is responsible for the changing of the guard, and explain the reasons.

　　The enterprise shall open injuries proved otherwise dismissed

Shop responsible person said, if it is an old injury, small fan needs to go to the hospital to open a proof, proof of these injuries and now work never mind, otherwise once out of what situation, enterprises and workers are not clear. But the small fan went to the hospital to ask after the discovery, the hospital couldn't open such proof. Fan small forward, can you give me a job, units, small fan must be open to prove, otherwise it can dismiss him.

In the interview, the company a responsible for the recruitment of staff, told reporters, the company hired, has been a medical examination for the new employee, check is a few basic items, not careful to find out the hand muscle strain condition. At the same time, because of the small van is still in the probation period, if he does not comply with the contract, the post recruitment conditions, enterprises have the right to dismiss its.

In addition, considering the small fan if continue to engage in this job, may lead to injury. Shop responsible person also on the work of the inspection, think small fan is not competent for this job, so I asked him to apply for leave procedures.

　　Lawyer: during the period of probation. People say the reason

In view of the dispute between the two sides, the reporter interviewed Beijing Xicheng District general labor union mediation center, Beijing Huatai law firm lawyers Wang Zhiming. Wang lawyers, probation, no violations, dereliction of duty and other workers in the statutory circumstances, although the enterprise may dismiss workers, but must explain the reasons to the laborer. Otherwise, if the appeal to arbitration departments, enterprises may not support.

Wang lawyers said, "labor contract law" clearly provides for termination of labor contract conditions during the probation period the employer. Such as: proved during the probation period does not meet the conditions of employment, "a serious violation of the rules and regulations of the employer...... This is a right to dismiss the employee during the probation period the employer entrusts with the law. But the law also provides that, during the probation period, unless the legal circumstances, the employer may not terminate the labor contract.

Finally, even if the unit shall terminate the labor contract, the employer shall explain the reasons to the laborer, and come up with the corresponding evidence, such as the appraisal results. (

60.Over 10 years of continuous work labor contract should be renewed

He has been in a garment factory in Fengtai District work for 14 consecutive years. At the end of the 3 year old, the contract is about to expire, the factory think, his work has been good, and he decided to renew the labor contract, he instantly agreed. But the text of the labor contract provisions to stay out of the factory, the labor contract deadline is 4 years old, but to the factory puts forward the hope for a non fixed term labor contract, the leadership of the factory refused. So he came to the Fengtai District Legal Aid Center for advice on how to protect their legitimate rights.

Legal experts say: according to the "labor contract law" article fourteenth paragraph second of the first, the workers over 10 years working in the employing units and continuous, and the employer for a non fixed term labor contract, then the employer must without a fixed term labor contract with the laborer.

In this case, old working in the factory for 14 years, more than 10 years of legal, consistent with a non fixed term labor contract conditions. At the same time, he also asked and the factory without a fixed term labor contract, the factory should be non fixed term labor contract with the old, but can not refuse old requirements. In addition, in accordance with the "labor contract law" article eighty-second, old factory in violation of the above provisions, should also provide the old pay shall conclude a non fixed term labor contract from the date of the monthly salary of two times. (

61.Pregnant women with and without "defend false"

I is a unit of the female workers, perennial engaged in the field work. Pregnancy after the unit to adjust my work, let I to the mailroom to publication distribution, is to give me special care, but because I have a history of abortion, habitual abortion doctor said there may be, I'm worried about abortion, and to leave units Baotai, unit called "defend false" no legal basis. Excuse me, pregnant women to tocolysis leave a legal basis?

Feng Yun reader:

Eighth the provisions of labor law sixty-second, the State Council "female worker labor protection regulations", reproductive female employees enjoy less than 90 days of maternity leave, female worker maternity leave of 90 days, including 15 days of prenatal leave. Dystocia, increase maternity leave for 15 days. Multiple births childbirth, each bear a baby more, increase maternity leave for 15 days. Abortion pregnant female workers, in their units should be based on proof of the medical department, give a certain period of maternity leave. Therefore, really nothing about "the law to defend false". But the former State Bureau of labor insurance welfare division "reply" on female workers Baotai rest and sick leave treatment six months after childbirth, to the Shanghai City Labor Bureau pointed out: first, female workers in family planning pregnancy, after doctors issued proof, need to defend the rest, defend the rest of the time, in accordance with the provisions of the implementation of the treatment of diseases. Two, the rest and leave more than 6 months after receiving the female worker disease relief, according to the family plan from the birth date of stop hair disease relief, redirect maternity pay, and enjoy other fertility treatments. Maternity leave expires is required after illness, from maternity leave expires date, continue to send medical allowance. Three, the female worker maternity leave expires after rest, still need to leave, the leave time should rest with the sick leave before bearing and tocolysis period. Four, do not according to family planning pregnant female workers, their benefits, sick leave and maternity tocolysis, according to the relevant provisions, current management. To sum up, from you reflect the situation, you may be asked for sick leave according to the certificate issued by the hospital.

62.Practice three months trial and three months after six months is resigned staff for help 12351

The probation period is the job seekers and employers to establish labor relations for mutual understanding, mutual selection and the agreement on the term of. But the individual units is the use of the probation period "do things by irregular ways", lead to labor disputes frequently. Miss Chen through the trial of more than 6 months later, the unit not only didn't and she signed a formal labor contract, but to the probation period unqualified for her dismissal. Miss Chen in order to safeguard their legitimate rights and interests of workers, dial 12351 hotline for help.

In August last year, Miss Chen entered a company to do business. When the entry, the person in charge of the enterprise said, according to the provisions of enterprises, the new employees had to conduct the practice of trial, the trial after passing to the signing of the formal labor contract. So Miss Chen and the company signed a practice trial protocol for a period of 6 months, the first 3 months of internship, the probation period. However, 6 months after Miss Chen to work in the enterprise, the enterprise was not with her to renew the contract. A few days ago, suddenly to Miss Chen in the probation period performance does not meet the conditions of employment on the grounds, and made her to terminate the labor relationship. Miss Chen: don't get your work time has exceeded the probation period, enterprises can to his probation performance does not meet the conditions of employment on grounds of labor relationship?

According to Miss Chen's doubt, the reporter interviewed the City Federation of trade unions legal services lawyers Hu Fang. The lawyer of the analysis thinks, internship is for college students, refers to the period of students, to participate in the practice of the specific job unit, its purpose is to link theory with practice and better understanding of scientific and cultural knowledge. Generally by the school and their counterparts in the employer to sign internship agreement, by the employer in order to provide students practice sites and facilities. The internship period and students accumulate experience are closely related, is suitable for the students at school.

In addition, the employing unit and the laborer only signed a probationary period the agreement is illegal. According to the "labor contract law", the probation period shall be included in the term of the employment contract. Labor contract only the probation period, the probation period is not established, as the term of the labor contract. While the enterprise separates the probation period and labor contract, clearly illegal. At the same time, according to the "labor law" provisions, and shall pay social insurance premiums for the statutory responsibilities and obligations units, from the date of employment should be paid to workers on time.

The lawyer thinks, according to the law, the employer is in violation of the "labor contract law" provisions of the cancellation or termination of the labor contract, the employee demands continued performance of the labor contract, the employer shall continue to perform; workers are not required to continue to fulfill the labor contract or labor contract can no longer continue to perform, the employer shall pay illegal dissolution or termination labor contract damages. Therefore, Miss Chen may request the revocation of the business ties and labor decisions, and the enterprise to continue to fulfill the labor contract relationship, can also require the enterprises to pay illegal dissolution of the labor contract damages, and payment of social insurance premiums during the work for her.

At the same time, Hu lawyers reminded the employer shall constrain employment practices, the probation period and the employee shall comply with relevant laws and regulations, because the probation period is not "white period". In practice, often the employer expires in workers after the trial, the workers do not meet the conditions of employment on grounds of termination of labor contract, this approach is clearly inconsistent with the provisions of the law. In accordance with the law, the workers of the probation period does not meet the conditions of employment, employee may terminate the labor contract; if more than the probation period, not to the probation period does not meet the conditions of employment on grounds of termination of labor contract.

63How to apply to the consumer complaints?

Henan readers: I was at the mall when the infringement of consumer complaints, I want to go, I would like to ask how I was right?

Answer: consumers in the purchase or accept service, if the product quality, safety, health, metering, sales modes, the damage to the legitimate rights and interests, should seek truth from facts attitude to the local consumer association complaints or report, request conciliation. Consumer complaints have written material or the complainant signed and sealed with oral record, generally have the following contents: the complainant's name, address, zip code, telephone number; complaints unit name, detailed address, zip code, telephone number; buy goods or services received date, name, grade specifications, quantity, price, damage, measurement, and the operator representations of, and provide the documents (invoice, warranty card and photocopy) and relevant materials of proof; the complainant requesting mediation opinions.

64.

Mr. Zhang asked: I injured in a traffic accident, identified as ten disabled. Then, the compensation for disability is how calculated?

  Ambitious lawyer Jiang Jian a.:Ten disabled for a year of urban residents per capita disposable income per capita net income of rural residents by multiplying or twenty years multiplied by 10%. But more than sixty years of age, the age reduction for each additional one year old years. More than seventy-five years of age, according to five years.