Xu Xin: for a long time, received a large number of legal advice and help, unable to answer all of or concern. After careful consideration, the establishment of the platform. At present, the legal professional volunteer has begun to take shape, to provide free legal advice to the public, and according to the specific circumstances, to provide legal aid to have serious difficulties in the weak obligation.

The consultant, please add Micro message: mycase/ cases, or scan the two-dimensional code

This is the answer of 2899th to 2948th legal consultation

 

"Major" legal aid platform Q & a record (eighty-five)

 

Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

 

2899, Hello, ask for help:2012Years7Month9The day I in Tianjin Eco City Public Housing Construction Co. Ltd. rented a house (the company's lease contract Party A) agreed period1Years, the monthly rent800Yuan, deposit3000Element, in accordance with the contract, we are2013Years7Month9Date paid all the costs of housing, experience the real (party a property company commissioned housing, housing is not damaged). After party a claim to recover the original of the contract and the deposit receipt, not to give them the material will not back the deposit to Party A, we in the original contract and deposit receipt deposit will be told1A month or so back to us, but until today, the deposit is still not back to us, the middle to the party played many phone calls, have been delayed for various reasons. Specified in the contract that Party B does not breach of contract, the deposit should be in30Days refund. Now, almost a month, we only have one copy of a copy of the contract. I have a few colleagues also is this kind of situation, they have even a copy of the contract No. For help, how can we return to our deposit?

Answer:1If the mediation is still room to try fair means before resorting to force, in consultation with the party. See the "Civil Procedure Law" the eighth chapter.

2If the prosecution, and meet the statutory conditions, you can apply for property preservation (but you may need to provide security). According to the "Civil Procedure Law" article100The people's court may, where a party's acts or other reasons, the decision to execute or other damage caused by the case, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain actions or forbid them to make certain behavior; the absence of such application, the people's court may also in order to take preservation measures when necessary. The people's courts to take preventive measures, may order the applicant to provide a guarantee, the applicant fails to provide security, the court rejected the application. A people's court accepts an application, if the case is urgent, must make the decision within forty-eight hours; decided to take preservation measures, it shall be enforced immediately.

3The burden of proof. Party A shall provide the evidence to prove that it has the deposit. But! Is! Premise is you must prove that you have to pay a deposit. Please find other evidence of proof of receipt, deposit paid.

4If the verdict is a deposit refund, and the party refuses to perform, the period for compulsory execution (self does not fulfill the date2Years) in the application for enforcement. See the "Civil Procedure Law", the twenty-two chapter twenty-first. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2900, Hello, ask about around in the downtown is a standard playground residents on the construction of Medical University of biological research building, did not indicate the pollution degree. The surrounding residents can oppose. A similar national legal basis for it. Thank you.

Answer:1, law. No specific provisions. Because the fact is too abstract. See "environmental protection law".

2In fact. Biological laboratory is pollution, should take the data as the foundation, proposed by the government, academic institutions, associations or other professional organization identification. No certain pollution? Have a university. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2901A friend05Years10Worked in Hangzhou a wholly foreign owned enterprise500Strong),08Years10Month signed a non contract (the contract is written confirmation is no deadline), recently the companyHRAsk my friend to work by the end of the year, but only to the end of the13Salary requirements, my friend reason for leaving the company is that my friend Limited(My friend has been in this job5Years)Excuse me, my friend, how to safeguard their own interests?

Answer:1No legal provisions, such as the legitimate reasons, can not be arbitrarily dismissed employees;

2To be able to remove the ability is limited, only in the incompetent and in accordance with the procedures prescribed by law, conditions. "Labor contract law" the fortieth regulation, the worker can not do the work, after training or adjustment to work, still can not do the work; the employer thirty days in advance written notice to the worker or extra to pay workers a month's wages, may terminate the labor contract. Visible, released in the can not work when the labor contract should also have the following conditions: (1The unit provides) work can not be qualified standard, you can't do (2) through the examination can not be competent, unit training or adjustment to work for you (3After the examination is still), incompetent.

3In the work, even if can not be the case, unit labor contracts, also need to pay you compensation, at the same time to one month in advance to inform you or pay an additional month's wages.

4Can not work, the dissolution of the labor contract, the economic compensation in accordance with the calculation: in the units of length of service, for one year to pay one month's wages. In less than a year slow first half of the year by year basis. Less than half a year of half a month to pay wages.

Wage base for the lifting of the average wage for twelve months before the labor contract.

5If the unit does not terminate, in accordance with the procedures prescribed by law, or terminate the labor contract without sufficient reason, it constitutes illegal termination. The illegal and the base cases, you have two choices: (1) you can request units continue to perform the contract; if the court, the lawsuit period wages and unit still should pay. (2You can request) unit of payment for illegal termination indemnity. The compensation standard is, according to the years of service with the employer, a full year to pay2Months of compensation. (Tang Xiangqian, Sina micro-blog@Tang Xiangqian lawyers)

 

2902, a middleman landlord, their large quantities of housing, at the same time, the house rent, monthly income progenitor20Million, they can not pay the rent? I can sue them tax evasion???

Answer: tax evasion is a breach of laws and regulations of state tax administration behavior, you as the citizens have the right to report to the competent tax authority, investigated and dealt with by the tax authorities, and not by your direct prosecution. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2903, to collect rent not refers to the enterprise through leasing of agricultural land for construction? My question is whether the specific "government" and the village collective signed land lease contracts, change in land use to obtain land use rights, into construction land for the state-owned and then sold to developers? more practice is illegal

Answer: "to collect rent" is illegal acts prohibited by the state, "notice" provisions of the State Council on strengthening the regulation of land related issues: the prohibition of non agriculture construction by use of "farmers' collective ownership of agricultural land to collect rent" manner, to expand the scale of construction land...... State organ personnel approved "to collect rent", covers an area of construction, illegal land; units and individuals arbitrarily by "to collect rent", covers an area of construction, belonging to an illegal act, shall be investigated for legal responsibility of relevant personnel in accordance with the law. Therefore, you can report to the superior government, land and resources department or discipline inspection departments. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2904, teacher, Hello, I would like to ask a drive on the road, on the road the brake is out of order, then there is a man B in a front, a blunt B shout"Move out of my way"B, and the ear plug headphones, sounds great, did not hear a let it escape, was a hit B, the case should be how to deal with? Thank you

Answer: should be a liability, because the motor vehicle party because of brake failure caused the accident has fault, but even when wearing headphones also does not violate the relevant laws, and pedestrians have not caused a traffic accident subjective intent, according to "road traffic safety law" article76The provisions of motor vehicle and non motor vehicle, traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce liability light motor vehicle party according to the degree of fault; the motor vehicle shall not fault, assume liability to pay compensation does not exceed ten percent.(Gaoshan, Sina micro-blog@Gao Shan0923.

 

2905Hello! I am an ordinary citizen, my father in2011Years in the introduction of friends and others signed a contract to purchase a car, my father above contract the pay the purchase a car a total18Million yuan, but the other is not in accordance with the above contract agreed to my father's truck, so my father wants to take back the cost, but the other party does not give, in the local public security bureau instructors under the guidance of a lawsuit in the people's Court of Wulate County in Inner Mongolia, the plaintiff is my father, the defendant is Baotou City Tongda Automobile Trade Limited company, decision the result is, the judgment shall come into force immediately after back to the car18Million and take from2011Years8Month3Date to the date of payment of interest, if not performed in accordance with the period specified in the judgment, double payment of interest during the delay in performance, it is the verdict, but my father now did not get a penny, every time go to court, the court with all kinds of excuses to my father, and now we really be driven into a corner, hope caring people to help us, thank you.

Answer: according to what you said, now the verdict should have come into force, entered the enforcement stage, difficult to implement in our country is actually a big problem, suggest you actively provide the other party's property. According to the "Civil Procedure Law" 203rd people's court after receiving the application for enforcement date more than not to run for six months, the applicant for execution to the people's court at a higher level for execution. The people's court at a higher level after examination, the people's court may order the original execution within a certain period of time, can also be determined by the executive or the instruction of other people's court. From your description of the situation,Should have exceeded the implementation deadline case.For the court to delay the implementation of,You can reflect the property available for the implementation of the court case does not carry out the action is executed to the superior court supervision department. (Xie Yanping, Sina micro-blog@Avenue ")

 

2906The state-owned farms, and workers signed a land contract is a civil contract or administrative contract? Now before the expiration of the contract, the farm will recover their land, used for building the chip factory, and no compensation for the land acquisition compensation, should be based on who should be the defendant? What is the procedure?

Answer: according to the "rural land contract law" article2Regulation: "rural land" as mentioned in this law, refers to the collective farmers all state and all shall be used collectively by the peasants of cultivated land, woodland, grassland, and other land used for agriculture according to law". State farm and workers among the land contract by the "land contract law" constraint, belongs to the civil behavior. Now if is the state-owned farms without your permission, to recover the land during the contract expires, belonging to the breach, but not the land acquisition act, you have the right to farm as a defendant, file a civil lawsuit. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2907, Hello, a friend borrowed4Million yuan, have a written loan period, the first half of the year, but have a year and a half don't. I have to go to court, sits tomorrow, is only an IOU enough? I'm going to court to what things? If they do not respond to what should I do? To enforce the how to do? The marital property

Answer:1According to the "contract law," article tenth "the parties entered into a contract, written form, oral or other forms." I can prove that you have the loan contract relationship with each other, but if can collect other acknowledge the evidence of the loan will be more favorable to you;

2Before the trial, ready to indictment, court summons, ID certificate and the copy, the most important is, if no prior evidence submitted, also need to prepare for the evidence of the original, and make statements and debate preparations.

3According to the civil procedure law, "" 144th "the defendant after the subpoena, refuses to appear in court, or the court midway without permission by the court, may make a judgment by default." Instead, each other, resulting in not in general affect.

4, about enforcement, get the court judgment on you, can apply to the court for compulsory execution.

5According to the "marriage law," article twenty-fourth "creditors during the marriage, the couple on the name of one of the debt claim rights, shall be handled according to the conjugal debt. But one of the spouses can prove that the creditor and the debtor has explicitly agreed to personal debt, or can prove that belong to the nineteenth marriage law provisions of the third paragraph situation except." Unless the other party or the other spouse can prove this is personal debt, or will the conjugal debt were identified, and the joint property of husband and wife for repayment. (Huang Sainan, Sina micro-blog@Small Yao small and stay)

 

2908My friend, in American sent me something, reported in America declaration100Dollar. But in the Nanjing customs he said things more than1000More than just to pay their taxes. and customs they cannot report, to find the specialized company. Fee1000. Now worth less than2000I made a piece of freight550To the domestic pay3000Tax. What do the customs justified?

Answer: "on the adjustment of import and export management measures personal postal matters" the first stipulation: "personally mailed goods, the customs import duties imposed by law, but for the amount of import tax in Renminbi50Yuan (including50Yuan) below, shall be exempt from customs." That is to say the amount of import tax of more than50Yuan, to tax, the amount of import tax=The dutiable valueXImport tariff rate. The standard rate you can query the Customs released "incoming passengers baggage and personal postal articles duty tariff table", you can ask the customs tax according to the tax related mail items. Such as that the tax burden is too high, can choose the original return. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2909, Hello, I would like to ask, a friend over a period of time to study abroad, he put his computer to my brother, second days, with my brother to take this computer for two days, delete some data, so, now the computer in my friend's hand, then the friend said computer is the company assigned to him the company requirements, or computer, or the computer to buy. Now that the friend want to refund my brother, computer company, my brother can not accept a refund, as long as the computer (now the computer is my brother's friend borrowed, not in my here)

Answer: according to the "people's Republic of China Property Law" twenty-third article, chattel takes effect upon delivery. Another according to the "property law" of the people's Republic of China 106th bona fide acquisition system, your brother's friend sell computer although is not entitled to dispose of, but your brother is in good faith and the transferee pay for price, which belongs to the bona fide acquisition. In your brother friend will computer delivered to your brother, computer ownership and belong to your brother. Then you will give your brother computer brother friend, the behavior belong to borrow, not real right alteration effect. Your brother have the right to return to the computer. (Liu Binbin, Sina micro-blog@Lovely Cheshire cat)

 

2910My child, on the outside of the training centre at the school, the other children playing carelessly finger fracture, from the school of monitoring can be seen is hurt children throw him something, but is the three child, I just couldn't resist, kicked him, we ask parents what be left? When the teachers present and the what be left? The school to communicate with me to settle, so things have occurred in two days, I have not! I need to report?

Answer: according to the provisions of the tort law, tort cases underage students in the school, the school need to take responsibility, if the child is not full10Years of age, the school should bear fault liability presumption, full10With the age of18Old school undertaking the liability, the difference in the burden of proof is different, that is to say as long as your minor children, the school should bear the liability, the parents have to bear with fault (both children have a fault) corresponding responsibility (children have fault, fault, liability, and how many teachers as the school) employment is not required for your child to bear any responsibility. If not hurt function (i.e., the thumb), is generally minor injuries or slight injury level, in the law of criminal procedure belongs to the private prosecution cases, alarm processing does not put on record, but the police would intervene. If the school offered consultation private words, you can consider reconciliation. If you refuse to accept the results of the consultations, may bring a civil action.

(Liu Fanggang, Sina micro-blog@Just good18Degree)

 

2911Hello, my lawyer, Jiaxing people, with my ex-wife08Divorce, divorce before a lawsuit ex-wife owe others17Million debt has not yet, ex-wife last March died of illness. This year my family units assigned by 40000 yuan court hall to turn away, the money is a copy of my father, did not want to come back to me to the court, lawyers, how should I do?

Answer: you can act according to our country civil procedure law article225The provisions of article, to the people's court is responsible for executing the written objection. The report of the law for reference. (article225If a party, any interested party considers that the enforcement actions in violation of the law, they can submit a written objection to the people's court for enforcement. The party, interested party raises a written objection, the people's court shall, within fifteen days from the date of receiving the written objection review date, reasonable, rule to cancel or correct; reason not to set up, the court rejected. The party, interested party is dissatisfied with the ruling, may within ten days from the people's court at the next higher level for reconsideration decision is served up date) Hou Ailong.

 

2912, Hello, my father in Dongguan Houjie a factory to do the three years, but the factory has not been required to buy him a social security this year10Month31On the evening of23Point35In company dormitory sudden convulsions, sent to the hospital medical cost50000Medical expenses, I would like to ask the factory is responsible for my father's medical expenses? On the basis of what payment. Address: Guangdong Dongguan Houjie town.

Answer: according to relevant law, employees in the non work time, not because of work injury, do not belong to inductrial injury, no obligations. Consultative suggestions and unit. (Liang Peimin , sina micro-blog:@Pei min Pei min)

 

2913Hello, I was in Beijing, a hospital, the cause of the preparation, the contract expires next year, I want to go abroad to study, but because of the need for relief credits, so necessary to issue a proof of work experience, but the hospital personnel department said that I must resign to give me the evidence, or do not give me, I do not understand, ask the hospital the practice is illegal, what should I do? Please! Thank you, class.

Answer: it is recommended that consultations,Unsuccessful cases,Can bring a personnel dispute arbitration. (labor supervision Wang Hongyi, Sina micro-blog@The earliest80After)

 

2914, Hello, I want to ask our family has a house, real estate certificates to write his name, but the house is he hasn't grown me to help him with his cap, then he will go somewhere else married adult work, parents have lived for many years after the sick parents house, he did not do their duty, I have no property rights??

Answer:1Because the rent registered in your brother's name, that is to say that your brother is the property owner, although your parents now live in there, does not affect the property rights of the house. Looks like the real you parents to grant your brother, your brother is not to maintenance obligations, may revoke the registration. Because your brother work outside marriage, this suggestion and brother negotiation direct registration of change. (Lei Wenxia, Sina micro-blog@Major case_Lei Wenxia.

 

2915Hello, I ask you, is identified as work-related injuries four disabled by identification department in Shanghai, illegal termination of my company labor contract, after the court in accordance with the local Shanghai city policy decision that I can enjoy a one-time treatment of inductrial injury insurance, cannot enjoy a monthly disability allowance until retirement, my company to contract may rescind the labor contract company, no corresponding compensation in accordance with the regulations of the State Council, work injury insurance, Shanghai city's industrial injury insurance regulations of local laws and regulations and the State Council byelaw of inductrial injury insurance inconsistent, I ask you how to safeguard their rights?

Answer: because you do not know the content of judgment, also do not know the specific legal basis for the court. According to the "legislative law" provisions of the administrative regulations of the effect is higher than the local regulations, but does not mean that two party content should be completely consistent. Only in the low conflict law only under the premise of the invalid. In this case you may understand the law is wrong, or judge erroneous application of the law. All see only the judgment to judge the specific content. Suggest that you consult a lawyer if it exists, the court is wrong, may file an appeal within the statutory time limit. Personal views for reference only (labor supervision Wang Hongyi Sina micro-blog@The earliest80After)

 

2916Hello! Hope to get your help. Private lending, credit default each other, how to effectively safeguard the interests? If you want to give each other a letter, to what procedures?

Answer: for not repay, you could be taken to court, for the payment of arrears and overdue interest. If the amount is large and the evidence is not complete, can seek legal counsel. If the amount is small and the evidence, it can be self action, please help write a complaint can be firm. The indictment submitted to the court, the court will file and send the notice of appearance to each other, thus embarked on the judicial process. (Zhang Jingran, Sina micro-blog@Bald agency)

 

2917, excuse me, I rent a facade2Million2Thousand beside me all the facade is the most expensive than1Million5Thousand yuan (1Year)I wanted to tell the landlord about, but the landlord refused to cut prices, I can use what way?

Answer: for rent, this is market regulation, said popular point is a may play a may get. Contract was the result of autonomy, in do not break the law case is effective, advice or consultation. (Zhang Jingran, Sina micro-blog@Bald agency)

 

2918Company, Hello, not because of bankruptcy and liquidation staff factors, winding, normal retrenched employees isN+1What pregnant women should be compensation, how compensation? Reply

Answer: the Ordinary Company can not layoffs of staff during gestation and lactation, may require the company to change, if not change, may demand compensation, compensation is calculated based on your work experience, each work is full a year, compensation is two months of wages. If in accordance with the "provisions" of compensation as stipulated in the labor contract labor law, but also in practice has dismissed began more than a year the end of lactation salary as compensation. (Shao Hui, Sina micro-blog@Vanilla love chocolate is doomed sad)

 

2919,MycaseMajor case+Hello!! I was laid off a bottom in Hubei province Huanggang city workers. From the2012Years10Month to date is experiencing a normal labor dispute. The labor arbitration and court after the entry into force, be execution units use so-called lawyer, first is colluding court staff take malicious action to delay the execution time. Now in the enforcement process and the executive judge collusion - gas, play a rogue without results! In the face of such legal workers use their rogue! We the people can pick up what legal weapon to safeguard their legitimate rights and interests in accordance with the law? You can see what kind of fairness and justice in the local? The interests of ordinary people like us to adults who care? I hope to get your help and answer! Thank. Looking forward to your reply. Legal aid and help! Thanks again!

Answer: if you think your court decision to apply the law is wrong may appeal within the statutory time limit, the request to the referee. If already in force, it may appeal within the prescribed time limit. About the problem, can to the court executive judge supervision department complaint. (Geng Miao, Sina micro-blog: key hip Tao_22848)     

 

2920And another thing, ask for help, is a divorce. Both men and women in2011Year signed a property agreement content are allocated from the company to the family assets, sign to confirm the effective implementation of the most.2012Years divorce litigation request, proposed by affection, does not require a trial property. After the divorce verdict, the appeal court sent back from the trial and pay Agreement invalid. According to the marriage law19A, both husband and wife in marriage can be both sides agreed property and effective. But the court did not support this view, how to handle this situation do?

Answer: the marriage law article19Does this, but marital property agreement is not valid and protected by law, the court remanded the Supplementary Agreement invalid views may be because the content of Marital Property Agreement invalid case.

There are three kinds of agreement may be identified:1, agreed property owned by children of all;2, immovable property to the common but not the change of property right;3One who has no property, divorce. There are three kinds of circumstances, the marital property agreement validity limit:1The child support obligation exempt;2Third, the debt shall be borne by the party, this agreement only in evidence of creditors know effective agreement;3Between husband and wife, to help duty exemption.

please according to the above check marital agreement, confirming the existence of invalid or whether the effect of the limit. Such as marital property agreement is invalid , is the division of marital property in accordance with the relevant legal provisions of the marriage law. (Yuan Shuai, Sina micro-blog@A Juaaju.

 

2921Several of our workers, in the city of Miluo where an enterprise work, done for nearly a year, we ask the boss to labor contracts are not the boss, then we do not require nodes salary, the boss didn't give not to admit we are the enterprise employees, and then we went to the labor board for labor arbitration, labor bureau who have no labor contract labor contract, it not to deal with, we also said that the boss not to sign the labor contract according to law not double salary, then the labor bureau is very bossy said you are not qualified to talk about labor law, I really don't know what is the use of the labor law the local labor bureau, and not as, want to go to court and don't have the time and money to consumption, but also do not know can not win, the local lawyers and too small a case, how to do?

Answer: change request, the first request confirmation of both sides of labor relations, and then that the double wages. Also recommended collection and this unit labor related evidence, including job card, card, or other testimony of witness, and to prove the labor relation, the amount of wages tapes and so on evidence, in order to better safeguard. Difficult to apply for legal aid, advice. (Geng Miao, Sina micro-blog: key hip Tao_22848)

　　

2922, Hello, I was injured in the factory, hurt his toe nerve has been out for three months, during these three months there is no wages for me, now the right hand did not restore normal activity, now the factory just said to1300Yuan a month to three months this reasonable? What should I do? Thank you

A: the "Regulations" the provisions of workers industrial injury insurance thirty-third, suffered an accident or suffers from occupation disease need to suspend work accepting inductrial injury medical work, in the suspension with pay during the period, the original wage benefits unchanged, from where the unit paid monthly.

Labor dispute and negotiation unit, first suggested and unit; if no agreement is reached through consultation, may apply to the local enterprise labor dispute mediation committee for mediation or the mediation organization, or to the labor arbitration committee for arbitration; finally, if it refuses to accept the arbitration award, may institute proceedings in a people's court within fifteen days from the date of the arbitration award received. (Liang Peimin, sina micro-blog:@Pei min Pei min)

　

2923Hello. I'm very sorry to disturb you, and now my company labor disputes, in January the company has not signed any employment contract and get a social welfare. I apply for arbitration now, but the company has denied me in the work. You can have what advice to give I can prove that does have a labor relationship with them? I and company e-mails and talked about yesterday recorded no other evidence. No work permit, no attendance table. You can reply me!

Answer:1Divided into civil evidence:Documentary evidence, material evidence, audiovisual materials, electronic data, the testimony of witnesses, statements of the parties, expert opinion and survey record.

2: you now hold mail and recording of information content can prove that you exist in labor relations and company, labor arbitration committee shall be determined. But the message if it isEmailThis kind of electronic data words relative proof strength weak.

3: suggest you check again recording information whether the other party clearly recognized in your company labor, also can try to find the relevant staff of the company to prove that you worked for the fact, but it should be more difficult. Furthermore you can find that with your company related personnel or you fill in the documents to prove that. Such as clients, collecting letters like this.(Cai Shengqi, Sina micro-blog@The NIBAndPhoto)

 

2924, excuse me, I is the company sales department staff, at the company for fast10Years, issued by performance royalty salary, direct cash, company never pay individual income tax according to the actual payment of wages. This year8Monthly wages, the company leadership plan illegal deduct part of the Commission, I strongly disagree, at last I strive for, the normal payment of commission. In the settlement of the dispute in the process, I said that if no buckle my commission, I kill heart, company I say so, in violation of company policy, to dismiss me. Excuse me this kind of circumstance, how can I get my personal rights, can get compensation for it, thank you. I haven't signed a separation agreement, the company has put off my pension. Thank you

Answer: the "labor contract law" provisions of article thirty-ninth, article thirty-ninth Workers in any of the following circumstances, the employer may terminate the labor contract: (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; (four) the workers at the same time the establishment of 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 provisions of paragraph 1 in the case of labor contract is invalid; (six) were investigated for criminal responsibility according to law. It seems the case you said, you are not as serious violations of the rules and regulations of the company, company without you is a violation of the law.

Remedies:1) if you choose to leave the company, companies need to pay you the equivalent of20Months salary compensation ("labor contract law" article eighty-seventh), no advance30Days notice it, still need to pay1Payment in lieu of notice month wages ("labor contract law" article fortieth,), specific can consult with the company or apply for labor arbitration;2) such as stay, asked the company to pay the social security. Liang Peimin Sina, micro-blog:@Pei min Pei min)

　　

2925Hello, the lawyer, the court sentenced to criminal defendants period of four years, has been in prison, incidental civil compensation6Million, the defendant has no money, the family is not active for the defendant to pay compensation, if the plaintiff to apply to the court for enforcement is still no compensation do? If you have no ability to repay the defendant could not perform their duties, Is it right? Money could not get? I hope to answer, thank you!

Answer: the judgment of the court and civil compensation, may apply to the court for compulsory enforcement. The person to be enforced is not property, the court is sentenced, do get compensation difficulty. (Lai peace, Sina micro-blog@My name no nickname)

 

2926Hello. The government a demolition notice removed villagers outside (public place) the walls is illegal? Please inform the legal basis, thank you

Answer: legal advice: you said the situation is a kind of administrative enforcement, you provide is limited, can only be compulsory administrative procedures to answer. According to "article thirty-fourth the people's Republic of China administrative law enforcement" the administrative organs shall make an administrative decision in accordance with the law, the party does not perform the obligations in administrative decision within the time limit, with right of administrative enforcement by administrative organs in accordance with the provisions of this chapter shall enforce. Firstly, the government should send to the villagers "illegal notice" "violations rectification decision book".

Another according to the "Regulations of the people's Republic of China Administrative Coercion Law" article fifty-third and article fifty-four, if the villagers do not perform the "decision" requirement, the government should first to the villagers to send "urge" to fulfill the obligation of notice. In the service of "demand performance notice", the villagers still fails, the government can apply to the court for compulsory execution.

According to your situation, if only to "remove" the government notice of their enforcement is not in accordance with legal procedures. (Liu Binbin Sina micro-blog@Lovely Cheshire cat)

　　

2927The signing of the contract, the probation period but not for me, then promised wages still on probation payment, only to the medical insurance. After I leave, finally in January did not pay. The testimony of a witness is not accepted by the Arbitration Commission, I hand contract to provide the original, in the original file, how possibly in my hand? Results the losing. To ask such a judgment justice, I how adults? Work in Beijing City.

Answer: in accordance with the provisions of the labor contract law and relevant laws, the employing units from the date of employment relationship with the employee. The employer shall wages are paid on time and in accordance with the labor contract agreed salary standard, for the probation period, the probation shall be issued after positive wage. Labor arbitration the arbitration award shall be final and binding, you can receive Book Award15Days of the grassroots people's court filed a civil lawsuit. According to the provisions of the civil procedure law interpretation, whether there is a labor relationship shall bear the burden of proof. Your payroll, Medicare paid certificate can be used as proof of labor relations existing evidence. (Liu Fanggang micro-blog Sina@Just good18Degree)

 

2928The lawyer, package, but my uncle took me milk ID, and property cards to do mortgage. And real estate certificate in Guarantee Corporation, and my uncle who has been in prison. How to safeguard their legitimate rights and interests.

Answer: first, if the mortgage legal formalities complete. The Guarantee corporation legal procedure, litigation guarantor is not what is wrong.

Second, if the mortgage is a mortgage Guarantee Corporation in illegal, no owner signed by the loan, can be in violation of the provisions of the non owner personal signature agree on defense. If the mortgage contract is not signed by the grandmother, you can request that the mortgage contract is invalid. If it is signed by grandma, but not for mortgage registration, the contract has been established and is effective, but because no registration, if is the cause of the Housing Department reason, "mortgage rights document delivery to the creditor, creditor can be identified on the property has the priority right to indemnification. But, does not register the mortgaged property, may not be against the third person."

In addition, also need to see if any local construction regulations of rural homestead house allows mortgage, because according to the provisions of the law, the countryside homestead right of use is not allowed to mortgage, except as otherwise prescribed; and your loan contract has no borrowing limit, mainly consider whether the case has been a limitation if passed, the limitation of action, also can be to the limitation of action for the defense. (Wang Zhen lawyer, Sina micro-blog@Major case-Earthquake; Du Hongtao, Sina micro-blog@Major Du Hongtao)

 

2929, self2008National implementation of the "paid vacation" since, my unit(Shandong Laiwu post office)Neither the arrangements for staff leave, nor to the overtime, through different channels to the unit and the Department of labor had responded, with all sorts of reasons to refuse. Until2012Years before the hair in the overtime, but also in arrears20082011Years4Years of overtime. Excuse me, this4Years of overtime also come back? What materials are needed? (have to)

Answer: overtime can be, now is not subject to the limitation in a year, but the need for overtime overtime workers fact proof, in practice, overtime support is not a lot, so try to collect evidence, in order to increase the likelihood of success. (to aid Xie Yanping)

 

2930Hello. Excuse me, the sale of second-hand housing, the house still has a few months to five years, after signing the contract, the conduit company proposes to do notarization, after over five years in the transfer. I ask this case, if the owner of a housing two sell and timely handle the transfer, if I don't enjoy the real property, but only to the original owner claims that the validity of the contract creditor? Thank you and look forward to your reply! (have to)

Answer: belonging to the housing property, according to the "property law" article9A: the establishment of real property, alteration, transfer and elimination, registered according to law, come into effect; without registration, no effect, except as otherwise stipulated by law. Notarization of contract is equivalent to strengthen the validity of the contract itself and the authenticity, validity and changes but inferior to real right. So, in a room two sell, can according to contract to request the other party to bear the liability for breach of contract, can not ask the actual performance. (Zhao Yukun, Sina micro-blog@Juvenile Kun fantasy transition)

 

2931Zhang Kun, a leading, in my house downstairs. Give me a call call me down I do not go stem dead my family down all right, give me two times the phone, I just go down, I don't know them, I do not know to find my phone from the downstairs to ask, is you, call him looking for someone, two people hit me in a few minutes, two ambulances and five or six men with a knife sticks to play me, in this process, It is without rhyme or reason. beaten, this should be the nature of what should be, what crime,11Month2No. seize a person detained, the other didn't, not37Days to put them right, more than a month in hospital I was in the hospital isn't good, thank you for your help? my18610212208To Xunxun affray crime here, I would like to ask the legal proceedings should be how to walk, should go what stage? Thank you. (have to)

A: do you know with this person? If you know, A thing for it., I think not stir up trouble, as you said, is the intentional injury, if the identification of you for minor injuries, the crime of intentional injury, has been Xingju, not so easy to release, but according to the law to decide whether to bail, you as the victim can be individually or mention incidental civil litigation, in accordance with the requirements of the standard of compensation for personal injury including medical expenses, lost income, nursing fee and other losses. (to aid Xie Yanping)

 

2932Our company's personnel, just a few days ago suddenly told me, asked me to write a resignation reason is I am not gentle, customer complaint to the manager there! There is a threat to the interests of the company, I feel very strange, if there is really such a thing, why my immediate supervisor don't know, but I have not put down the wrong. Do not know why the company at this time suddenly asked me to leave, but in my job, I am a person survive, because before the colleague came very suddenly, also does not have the handover work and I do! Now, six months down, I do my job well, I suddenly want to leave! I don't know why so reluctant reason have to I go! But I and company personnel said, if I go, but must send a month's salary for compensation, the company gave me the answer is, I'm not polite to the customers, damaged the interests of the company, I had to go, can't give me a month's wages. And our company also did not sign labor contract and I, there is our company system has stipulated expressly, employees need to send the salary of a month. But there is also a system is the automatic turnover to compensate a month's salary to the company. If in accordance with the provisions of this, if I take the initiative to quit the report, that is not mean I won't get any pay, also can not get compensation? I also have the personnel and said, I will not take the initiative to resignation, unless the company dismissed me or leave me. But the company's attitude is very firm, is certainly not give me compensation. I want to say now, if true to the labor bureau to tell you, I know I will lose, because our vice always Provincial People's Congress, the government should give him three face, if I continue to get compensation to me, my interests will be protected? And they talk to me I have the recording, the rules and regulations of the company and I have a backup, if true to the labor bureau that does not succeed, I thing through the media exposure, for it? This practice is illegal? (have to)

Answer: unit to persuade you to resign, not your real intention, you have the right to refuse, is actually a unit to fire you, it shall be in accordance with the procedures for issuing a unilateral termination of labor relations notice, your rights and other power size, to believe that the law is fair. (to aid Xie Yanping)

 

2933Father, Hello, introduced through the village to the friends of hydropower plant,40A class a day, sometimes a class, sometimes two classes, live for some time after the village party secretary notice on the collar of his money, because he contracted all the temps, recently that he set up a construction company, for the village water supply plant long-term work, let you live to dry, no contract, no insurance, forklift driver is the power plant staff, in the operation of forklift moving machine wood stent fracture, the machine side pressure to his father's feet, then let him be lifted but misoperation rescue machines going forward, causing his father ham smashs sexual fracture, operation after up to now fast3Month spend5More than that, the hospital discharge to home due to injury, a year and a half after the two operation takes plate. While looking for a hydropower plant, they pushed to the party construction companies, construction companies for a total of15Million, including the already spent5More than two medical costs and operation costs. I should look for hydropower plant to solve now, or directly apply for arbitration? Home in Shaanxi Ankang, how should the compensation right? Please answer, thank you. (have to)

Answer: according to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article11Article: "the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. Employment of third people outside the personal injury caused by an employee, the right to compensation may request the third party liability, can also request the employer shall bear the liability for compensation. The employer shall bear the liability for compensation, may claim compensation from the third person. The employees engaged in employment activities for production safety accident suffers from a personal injury, contractor, subcontractor knows or ought to know the accepted contract or subcontract business employer does not have the corresponding qualifications or conditions for safe production, it shall bear joint and several liability with the employer." Your father for hydropower plant, human settlement by village head, because of your father and hydropower plant and the both sides did not sign labor contract, and the accident occurred due to hydropower plant staff caused, hydropower plant is also liable for compensation. So your father has the right to the construction company for compensation, or to the construction company and the requirements of the personal injury compensation of hydropower plant.

Your father can first and construction company consultations, the application for ascertainment of a work-related injury, as they refused, can the administrative department of labor security application for ascertainment of a work-related injury; and apply for labor ability appraisal to the municipal labor ability appraisal committee. And according to the appraisal result requires building companies bear the responsibility for work-related injuries.

If not for ascertainment of a work-related injury, can be sued bear the liability for compensation for personal injury and hydropower plant construction company. The scope of compensation for medical expenses, loss of working time including fees, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, the necessary; disability, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, to continue the treatment of the actual need for rehabilitation fees, nursing fees, follow-up treatment costs.

Calculation of the cost standard, need to refer to the Shaanxi local regulations (such as per capita income:2012In Shaanxi Province, per capita disposable income of urban residents20734Element;2012Annual per capita income of rural residents in Shaanxi Province5763Element.2012Urban residents per capita consumption expenditure of Shaanxi Province15333Element;2012Years of life of rural residents consumption expenditure of Shaanxi Province5115Yuan)

In all the above cases, inductrial injury treatment was higher than that of the personal injury compensation standard, but the compensation is difficult, time is long, please consider, suggest to hire professional lawyers handling. Sina (micro-blog@Major case-Du Hongtao.

 

2934Hello! Excuse me, is the insurance agency employees, is signed agent contracts. But I now from the company. The insurance company owed me a month the commission. I go to the insurance company does not give, I go to the labor inspection team, they said they are not responsible for the agency contract. Do I have no other way. Only by the court? (have to)

Answer: if signed by the agency contract, it does not belong to the labor relationship, not through the labor supervision and labor dispute arbitration process, you belong to the contract dispute, should according to the contract, directly bring a lawsuit to the court. (to aid Xie Yanping)

 

2935Hello! I have a few cases with you to consult. The first: a friend to borrow money from banks to mortgage the machine100Million, and my personal business as a guarantor, the first half of this year a friend a funding chain broken, has fled the country, banks with private let me hold friend machine, then negotiate with me I will first repayment requirements100Million yuan and bank loans100Million yuan to me due to the lack of legal consciousness and the need to ask the bank loans so agreed requirements, also on loan back to my friend, machines, bank lending to my business100Million yuan, now I would like to ask how can reduce the loss? Second, help guarantee30Million yuan, for the share10Million yuan, the bank sued me full repayment, the court has already entered the implementation stage, what I should do?(have to)

Answer: question: according to your description, the situation should be helping your friend money, his business machines in your hand, bank loan you100Million, so the old debt that the elimination of debt you friends and Bank of the relationship, you help your friend to the bank repayment only to your friend recovery, others have left now, you can on the machine object in your hand to auction price for you right now, can be sued for freeze your friend in order to better safeguard your property right, as far as the bank's new to you100Million in loans, is the relationship between you and the Bank of new debt, not to reduce the loss of that, only by about its obligations.

The problem2Your description which guarantee30Million10Million, while the bank charges you bear all the debts, but the court has also made the corresponding decision, then may be you and the debtor or any other guarantor internal agreed to bear part of the guarantee, your internal agreement is not binding for the creditors, so the banks can charge you bear all the courts have made the same decision.

Based on this, you may have to bear all the share, then advocated that all share or other creditors claim that the agreed portion of the shares to the debtor. (@Major case_Lei Wenxia.

 

2936All the teachers, to consult a problem, seek legal assistance: Company Jia Shu Lou had a very good geographical location, the west balcony facing the river, downstairs is a small market. Now the market moved, bureau of education is to build the kindergarten in the very small space (the four layer, but the tall3.5Meters, block five building), and our house from our family buildings only6Meters away. The county has not communicate with us, the foundation played well, residents now disagree (lighting effects, and caused the housing depreciation), the county residents understand requirements, and resolutely to start. Ask the teachers, we nearly50How to protect our rights and interests of households. indeed residents fear of prosecution to the county court no substantial action, because the Party leadership has come forward, said must be built, tenants. May I ask the teacher, a better way? Or a level to suit? (have to)

Answer: occlusion lighting can violate the adjacent right sue, but with practice, if the other party building permits, in accordance with the law to obtain the approval procedures, the likelihood of success is not. (to aid Xie Yanping)

 

2937, excuse me, I have an uncle, his brother drove his truck and killed a sixty year old man, and then escape, when his brother is no alarm, alarm, also lied to my uncle said he and others fight, let my uncle went to have a look, my uncle look at the past and found that he was a hit, my uncle told police that he hit the man, his brother had run away, the police were still investigating, my uncle this is not to cover up the crime? Want to go to jail? The truck is bought Pacific Insurance, the insurance company will not lose money? (from micro-blog)

A: your uncle for some special reason itself off as a traffic accident, let his brother to escape should be determined as the crime of shielding. According to the provisions of the criminal law may be a fixed-term imprisonment less than three years, criminal detention or control; if the circumstances are serious, three to ten years in prison. The insurance company will compensate in insurance liability limit. Part of the problem, by the user of the motor vehicle shall bear the liability for compensation, the owner of the vehicle is at fault for damage, assume corresponding responsibility for compensation.

(Luo Jiaqin micro-blog Sina@Migrant workers rights legal service platform)

 

2938, Hello, ask two questions: first, what property companies in the majority of owners unknowingly, to select individual owners become owners committee, the owners of the Committee and members have the effect? Two, if the property company by the Commission agreed to improve property management fees, have the force of law? Three, to improve the property management fees for what procedures? The owners have the right to check the property company made the relevant approval or file? (have to)

Answer:1Owners committee is elected at the meeting of the owners, elected5-9People (singular), therefore the property company to select individual owners can not become the owners committee.

   2Property companies to improve property management fees, to convene a general meeting of owners, in consultation with the owners, most of the owners agreed to, not only by a property elected people agreed to by. According to the "property law" China people's Republic of China seventy-sixth the following matters jointly decided by the owners:

(a) formulating and modifying the rules of procedure of the assembly of the owners;

(two) develop and revise the stipulations on managing the building and affiliated facilities;

(three) the owners of the election committee or replacement of the owners committee members;

(four) the hiring and firing and the realty service enterprise or any other manager;

(five) to raise and use funds to repair the building and affiliated facilities thereof;

(six) reconstruction, reconstruction of the building and affiliated facilities thereof;

    (seven) other important issues concerning the common ownership and the common management rights.

    Determine the fifth and sixth matters, shall be subject to the exclusive part accounts for the total area of the building more than 2/3 of the total owners with more than 2/3 of the owners consent. Other matters as mentioned in the preceding paragraph shall be decided by the exclusive part, accounted for more than half of the total area of the building owner and half of the total owners consent.

3General approval document property are published, if you want to know, can go to apply for property owners to apply for, also can draw. (Gao Shan, Sina micro-blog Gao Shan0923)

　　

2939,Miss Xu, my cousin, is20Years old. Accounting Department of Tongling University Junior Tang Liqun,11Month30On the morning of sudden death in the dormitory. The parents went to the dormitory, found the decoration of the new teaching building pungent odor. Doubts therefore lead to fatal asthma. He is the only child, home hardly wished to live. The school says no responsibility. Can you help us? (have to)

Answer: the need to identify the cause of death, cause of death classification identification in order to determine responsibility. The school without the fault of the general bear little responsibility or not bear. (to aid Xie Yanping)

 

2940Before he died, mother gave us three brothers left a three storey building,One layer, house property card name is my mother.2004Mother died when the three brothers were not married the second - are not in Luoyang,Our house is empty. My father had a student need to rent a house for my father said to our house to rent to them. My father to see the house idle agreed. Then he cheated with their initial a contract signed house15Wan (when we build would spend fifteen sixty thousand also contains no decoration) Shoufu10000After yuan each,3000Yuan three years to pay. As of three years of not paying the recoverable.05To this total pay father4Million yuan, a receipt.2008Father passed a law that does not allow the sale of collective land, and his behavior has violated our rights. The father asked them to return a house,They all have been pushing resistance.2008Now all kinds of things are in turn! Last year my father left! The father is not in our greater resistance! Our house a few years ago than drama is drama! The people that live is really a difficult! Really want to change in the past few years we have families, a way for families to play out,Family, marriage, the legal aspects of people a heads up. Do not want to let everyone and we have similar things and results! Now what do I do?

Answer: first, land can be transferred to the village residents. If the buyer is the village residents, the contract is effective. On the contrary, the contract is invalid. In view of contract (your father) has died, you as heir may inherit the housing sale contract rights, and bear the debt in your father's heritage. If the contract, the buyer has not in accordance with the contract agreed to pay the real price, you can be in accordance with the contract, require the other party to return home, and bear the corresponding liability for breach of contract. If the contract is null and void, according to the "contract law" article fifty-eighth, the other party shall be the contract due to obtain housing returned to you. However, no matter the contract is effective, because in the unauthorized disposition state your father when signing a contract, there may be some default or negligence, if the resulting liability, then you need to bear the corresponding compensation liability in your father's heritage range.

Secondly, we should judge your mother left the property belonging to the joint property of husband and wife. If the joint property of husband and wife, is your father owns a house50%Property, your mother's legacy in fact only housing50%Property right. At the same time, in accordance with the "provisions of the succession law", the first order heir parents, children, spouse. A will not stand in your mother (shall be in accordance with the "law of succession" form) condition, the first order of succession can equal distribution of your mother's legacy. That is to say, if your grandpa and grandma has died and you mother died, and you do not have other brothers and sisters, you three brothers and your father each enjoyed1/8Share of the property. That is to say, your father actually enjoy5/8Share of the property. If you do not belong to the joint property of husband and wife, housing100%Property rights are all your mother's legacy, you three brothers and your father each enjoyed1/4Share of the property.

In the division, the successor is the legacy of the common people. Whether belonging to the joint property of husband and wife, your father before asking for your consent, housing will be sold to third people's behavior belongs to unauthorized disposition. You still are the legal owner of the house, the relevant provisions can be based on "property law", that the housing return, and ask the other party shall bear the liability for damages. (Jin Guo, Sina micro-blog@anna_Ink Lake)

　

2941Now, the national policy to promote the state-owned enterprises continue to delay retirement, forced female workers45Years back, can be right? Protected by law?

Answer: according to the "basic endowment insurance system of surplus workers of state-owned enterprises" from the decision2009Years1Month1To date, the statutory retirement age of the national distance5Years(Containing5Years, hereinafter referred to as the retirement age)The staff, no longer mandatory retirement, but the workers may voluntarily apply for early retirement. If you do not want to retreat, continue to carry out the labor contract, can apply for labor arbitration. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2942My husband and I, I is the twelfth lunar month last year19Married, in May this year gave birth to a boy, if I divorce him whether the child is mine? I don't have all the property to the children.

Answer:1", according to the Supreme People's Court on the trial of divorce cases handling upbringing of a number of specific views" first: below two years old children, the mother of life in general. The mother of one of the following circumstances, can either side of life: (1) with treatment of infectious disease or other serious illness, children should not be to live with it; (2) raising conditions have failed to fulfill their duties, and the father asked the children to live; (3) due to other reasons, the children did not mother party life. However, although in principle to her upbringing, but in the judicial practice, courts will usually children awarded to the case when the actual of the party to raise children. Therefore, to ensure their children by their own real support is the key to custody.

　2, there is no necessary connection between child support and property division. You can claim custody of children, can also claim the division of common property. (Jin Guo, Sina micro-blog@anna_Ink Lake)

 

2943Friends, Hello, my boyfriend broke up with her ex boyfriend, results in mop post, my friend's name call the school and her mother's work unit name all burst out, also made some of my pictures of friends, to my friend. And in the end had also said to kill my friend family, now on my friend's normal life caused great impact, if want to tell the man, how should do? Thank you.

Answer: A, your friend her ex boyfriend posted on the Internet the photo of her and her mother work unit, the name and threatened to kill her family and spread the privacy of others and threatening the personal safety of another person's behavior constituted illegal, according to the "Public Security Management Punishment Law" provisions of the people's Republic of China forty-second:"One of the following acts, to five days detention or a fine of five hundred yuan; if the circumstances are relatively serious, place below for more than five days to ten days detention, can impose a fine of five hundred yuan of the following:

(a) write threatening or other methods to threaten the personal safety of another person;

(two) an affront others or fabricating facts to slander others;

......

(five) repeatedly sending obscene, insulting, threatening or other information, interference in the lives of others;

(six), the tapping, spread, peeping privacy." She can report to the detective agency, and by the public security organs of administrative punishment. If the plot the behavior of her ex boyfriend is serious even can be prosecuted for criminal responsibility.

Two, your friend she can also to the right of reputation, privacy from illegal infringement on the grounds, to request the people's court to her former boyfriend of mental damage compensation"

Three, your friend she can ask the network provider to delete, shielding, disconnect and other necessary measures to prevent abuse. (Yu Kaizu, Sina micro-blog@Yu Shixi lawyers)

 

2944My house is open, Steamed buns shop, because the vapor Steamed buns with big tank of methane, there are three large tank room, segment security police said no, fine600The business license shall be revoked, if we store! Fine600What is not to ask what the receipt such police basis? Ask the police station police is based on what to handle dangerous goods in the shop? Legitimate? I how adults? When I told the handling a case police handling opinions and report to the police when the inspector inspector, I have what way to protect yourself? Thank you

Answer: the administrative punishment is a specific administrative act, which made the decision on administrative penalty evidence. You have the right to apply for reconsideration. (Xie Yanping, Sina micro-blog@Avenue ")

 

2945The company, give me orders today, said5No. you should stop all of my work, also won't give me any compensation, how should I do now?

Answer: orders to stop working, stop your present job, go to another job, or terminate the labor relationship? If the transfer position, need to obtain your consent, if you do not agree to terminate the labor relationship, can be requested to continue to perform the contract. Unit lift need to pay compensation according to law. (Xie Yanping, Sina micro-blog@Avenue ")

 

2946If the company performance appraisal, to fail on the grounds, to terminate the labor contract in advance, how should I deal with the disputes?

Answer: Labor Law, employee job may terminate the labor contract, does not provide the performance appraisal unqualified by the termination of labor relations, the company set the purpose of performance management is performance appraisal by the selected job personnel, to be eliminated. A good team, members are necessarily good, if rankings, there must be a last name, but the last one doesn't mean he is not up to his work. If the employer terminates the labor contract law, you have the right to bring the labor arbitration, safeguarding rights. But at the same time, you should pay attention to the company have rules clearly the lifting of regulations, and the provisions of the public. (Xie Yanping, Sina micro-blog@Avenue ")

 

2947I have a friend, he was1997Years when the township government enterprises do engage him in coal tube station to work for a few years after the cancellation of the coal tube station, was not for placement in accordance with national policy, now I want to ask like this there is no relevant documents or the law may require the government to give financial compensation?

Answer:97What happened, if during the now within your friends not to terminate the contract with the township government negotiations, so it has been the prescription, economic compensation is very difficult to get support. Sina (micro-blog@Major case-Du Hongtao.

 

2948Friends, is the company's financial fraud, be65Million yuan, the company's money to foreign accounts, police said it could not catch back, friends will be sentenced?

A: your friend as a company financial personnel, if the remittance in compliance with the provisions of national accounting, is entirely in accordance with the company's financial operation process, it should not bear the responsibility. If the violation of the relevant provisions of the financial transfer process, irregularities led to the loss of the enterprise, if the enterprise as a State-Owned Company, it may constitute a contract signed, the crime of dereliction and being deceived; if not State-Owned Company, do not constitute a crime, the company can according to the relevant rules and regulations on the punishment. Sina (micro-blog@Major case-Du Hongtao; micro-blog Sina@Major case-Lei Wenxia.

 

 

 

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