The lawyer advises that to avoid disputes in second-hand housing transactions, it is necessary to sign contracts with caution, check property records to confirm ownership, implement fund supervision, and clearly stipulate breach of contract clauses, so as to reduce disputes at the source.
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The lawyer explained that Henglue Law Firm can represent second-hand house sellers in breach of contract cases, covering price increases, refusal to transfer ownership, and failure to transfer household registration, and provided advice on contractual and evidentiary key points.
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The lawyer explained that the compensation for the delayed delivery of the house is based on the contractual agreement, with the common penalty being 0.1% to 0.5% of the paid housing price per day, and reminded that the pandemic is a force majeure and an extension period can be applied in such cases.
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The lawyer explained that in the case of a down payment dispute for a second-hand house, the nature of the down payment and the party in breach of contract need to be considered. If the seller breaches the contract, the buyer can request a double refund. If the breach of contract is not attributable to the seller, the down payment should be refunded. The lawyer also reminded the parties to provide...
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The lawyer explained that when the seller breaches the contract, the lawyer's mediation is effective, which can promote the performance of the contract or compensation and retain the right to sue in the future. If the mediation fails, the lawyer will promptly initiate legal proceedings and apply for preservation measures.
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The lawyer explained that the unit should be held responsible for concealing the occupational disease hazards, and if the unit fails to fulfill its obligation to inform employees about physical examinations and causes illness, the employees can claim compensation and be subject to administrative penalties, which can be concurrent with work-related injury benefits.
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The lawyer sorted out the compensation items for occupational diseases: medical rehabilitation fees, disability assistance, disability allowances, wages during the period of suspension of work and retention of salary, etc. Even if the unit has not participated in the social insurance, the compensation will still be paid according to the standard.
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The lawyer explained that pneumoconiosis is a statutory occupational disease and can be recognized as a work-related injury. To apply for recognition, it is necessary to first obtain a certificate of diagnosis of occupational diseases. If the unit has not purchased insurance, the unit will still pay compensation according to the standard.
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The lawyer explained that during the observation period of suspected occupational diseases, employers are not allowed to terminate the contract and should guarantee the original salary and welfare benefits. If the employer suspends or reduces the salary on the grounds that the employee has not been diagnosed, the employee can claim compensation for the unpaid salary.
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The lawyer explained that before a worker who has been exposed to occupational hazards leaves the job, the employer must arrange an exit examination for them, and the employer is not allowed to terminate or terminate the labor contract before the examination is completed.
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The lawyer explained that occupational health checks must be carried out regularly according to the categories of hazardous factors of the job, and the employer should organize checks before, during, and after the employee's departure from the job, and bear the cost of these checks.
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The lawyer explained that if a worker dies due to a third party's infringement, the worker's family can claim both work-related injury insurance benefits and civil infringement compensation, that is, double compensation, but actual expenses such as medical fees cannot be compensated twice.
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The lawyer explained that the dependents' pensions are paid monthly according to the law, and the one-time work-related death compensation and funeral subsidies are paid in a lump sum. The one-time settlement requires the unit to reach an agreement with the next of kin, and it cannot be enforced unilaterally.
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The lawyer explained that the circumstances considered as work-related deaths include three situations: death within 48 hours after a sudden illness at work, injuries during emergency rescue, and recurrence of old injuries after retirement, all of which qualify for work-related death benefits.
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The lawyer explained that the non-enforcement of the arbitration award requires the existence of statutory grounds such as the absence of an arbitration agreement, exceeding the scope of the arbitration, procedural violations, fabrication and concealment of evidence, and unfair arbitration, which will be reviewed by the Intermediate Court.
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