The seller's breach of contract penalty shall be calculated in accordance with the contract provisions. If the agreed amount is too low, the buyer may request an increase; if it is too high, the buyer may request a reduction. The court shall measure the penalty based on the actual losses incurred.
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The legal relationship of unlawful subleasing of shops is complex. Hiring a lawyer can help sort out rights, review contracts, fix evidence, and choose the path of negotiation or litigation to avoid further losses.
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The promise to waive overtime pay in advance is generally invalid or of limited effect. Overtime pay is a statutory labor remuneration and cannot be excluded by agreement. However, there are separate rules for settling overtime pay in a lump sum upon resignation.
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Overtime pay is part of labor compensation and is not subject to the one-year statute of limitations during the employment period. However, if the labor relationship is terminated, the claim must be made within one year from the date of termination, and the claim is subject to the burden of proof.
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Whether the post-work training counts as overtime depends on whether it is mandatory, whether it is related to one's regular job, and whether it occupies one's rest time. Mandatory and relevant training is usually considered overtime.
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Whether the time spent on business trips counts as overtime depends on whether the employee actually provides labor, whether they are subject to the employer's control, and whether the trip takes place on a rest day or a statutory holiday.
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Approval is not the only prerequisite for paying overtime. If the employee actually works overtime and the employer arranges or tacitly consents to it, overtime may still be recognized even if no approval has been obtained.
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Volunteering to stay overtime is generally not considered overtime, but if the employer arranges, tacitly approves, or benefits from it, it may be regarded as overtime and the employer is required to pay overtime wages.
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It's generally not acceptable to replace overtime pay with red envelopes. Overtime pay is a statutory labor remuneration and must be paid according to the statutory standards. Red envelopes can only be regarded as additional benefits.
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Overtime work is a continuation of one's regular duties, and overtime pay must be paid in accordance with legal standards. Duty shifts, on the other hand, are usually unrelated to one's regular duties, and the compensation for them is implemented in accordance with agreements or regulations.
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On rest days, overtime work can be arranged for compensatory rest on a priority basis. Where compensatory rest cannot be provided, the employer shall pay the employee not less than 200% of the wage; on statutory holidays, overtime work generally cannot be replaced by compensatory rest.
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Sharesholders whose investment has not been made in full may be added as the persons subject to enforcement, and they shall bear supplementary compensation liability within the scope of the unpaid capital and interest. Under the subscribed capital system, attention should be paid to the situation of accelerated maturity.
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If a shareholder withdraws his investment funds, the creditor may apply to add the shareholder as a party subject to enforcement in the enforcement procedure, and the shareholder shall bear responsibility within the scope of the withdrawn investment funds.
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If a sole shareholder of a company cannot prove that the company's assets are separate from his or her personal assets, he or she shall bear joint and several liability for the company's debts, and the burden of proof lies with the shareholder.
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Whether a car registered under someone else's name can be seized depends on the actual investment and ownership relationship. For vehicles held on behalf of others, the owner can apply for a seizure and claim them as the debtor's property.
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