The lawyer explained that most part-time workers are in non-full-time employment relationships: working no more than four hours per day and no more than 24 hours per week. They can sign oral agreements, but cannot stipulate a probationary period, and the employment can be terminated at any time without compensation.
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The lawyer explained that part-time work is identified as a labor relationship based on three factors: management, compensation, and business structure. The law allows dual employment, and he cited a case in which a claim of a false labor relationship worth 2.12 million yuan was rejected.
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The lawyer explained that the reemployment of retirees generally constitutes a labor relationship: employment disputes involving those who have already received pension insurance benefits or retirement pensions should be handled as labor disputes, and the lawyer also provided advice on the key points of the agreement and the compensation path for injuries.
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The lawyer explained the identification of work-related injuries for flexible employees: on the premise of labor relations, individual insurance usually does not include work-related injury insurance, and those working on pilot platforms can apply for occupational injury protection benefits.
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The lawyer explained the claim path for the injured substitute driver: for labor relations, the claim shall be made under work-related injury; for service relationships, the liability shall be shared according to fault; for third-party infringements, the claim shall be made in a separate case; and the time limit for individual declaration of work-related injury is one year.
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The lawyer explained the determination of the labor relationship between the signed streamer and the platform: by reviewing the agreement name through actual management, it was determined that a labor relationship existed, and the streamer could claim double wages and economic compensation. Attached is a case in which our firm won a compensation of over 840,000 yuan.
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The lawyer explained the determination of the relationship between crowdsourcing riders and the platform: the key lies in the personal dependence and economic subordination. In case of injury, the riders can seek compensation through three channels: work-related injury compensation, occupational injury protection, and labor compensation. It is important to note that the arbitration statute of limi...
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The lawyer explained the key points of flexible employment contracts: labor relations should be formalized in a written contract within one month, and if no contract is signed, workers can claim double wages. The nature of the relationship should be determined based on the principle of subordination. The presentation also included three consecutive winning cases involving 12 workers from the law f...
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Temporary workers do not have the right to be automatically converted to regular employees, but they are entitled to equal pay for equal work. They can strive for direct employment by providing evidence of continuous employment and stable positions. Arbitration is free of charge, and the statute of limitations is one year.
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A nationwide personal bankruptcy system has not yet been established, with only Shenzhen serving as a pilot city. Individuals with debts can seek relief through reconciliation, mediation, and enforcement settlements, and can apply to have their names removed from the credit blacklist after fulfilling their obligations.
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Whether the execution money will be refunded depends on the disbursement node: if it has been disbursed when the application is accepted, it will generally not be recovered, but it can be revoked within six months. The money that has been deducted but not disbursed will be transferred to the administrator for unified distribution, and the disbursement after acceptance will be invalid.
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After the bankruptcy is accepted, some individual settlements are invalid; individual settlements that meet the bankruptcy criteria within six months before the acceptance can be revoked by the administrator, except for those that benefit the debtor's property. After the funds are recovered, they will be distributed in a unified manner.
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After the bankruptcy case is accepted, the enforcement procedure shall be suspended in accordance with Article 19 of the Enterprise Bankruptcy Law. The funds that have been deducted but not yet distributed shall be transferred to the administrator. The time limit for creditor's claims is 30 days to three months, and the claims shall be repaid in accordance with the order of priority.
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The lawyer explained that if the company is insolvent, it can proceed to bankruptcy for fair settlement, or claim that the shareholders' investment should be accelerated to maturity and assume supplementary compensation liability. He also cited a case where a supplementary compensation of 9 million yuan was undertaken.
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The lawyer explained the rules on the priority compensation of the mortgage creditor from the proceeds of the mortgaged property, the registration requirements, and the claim path. For the insufficient part, it will be distributed proportionally as ordinary creditor's claims.
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