For the increased project quantity due to the employer's instructions or design changes, the employer shall bear the responsibility in principle. The payment shall be settled in accordance with the agreement or the pricing standard at the time of signing the contract, and the visa formalities shall be handled in a timely manner.
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The loss of the visa form does not mean that the settlement cannot proceed. You can use supervision logs, meeting minutes, correspondence, construction images, and payment reconciliations to prove the actual project quantity, and apply for an appraisal if necessary.
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Where the parties have agreed to settle the project cost at a fixed price, the request for an appraisal of the project cost is usually not supported; however, changes in the design, increases or decreases in the project quantity, and other matters beyond the scope of the agreement may be adjusted in accordance with the agreement.
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Generally, the audit conclusions are not the final basis. If the parties have agreed on the pricing standards or methods, they shall settle the accounts according to the agreement. Unless it is explicitly agreed that the audit shall be the final basis, the audit cannot replace the settlement basis.
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There is a time limit. The double salary applies to a one-year arbitration statute of limitations, which starts from the date when the employee knows or should have known that his rights have been infringed. Whether it should be calculated on a monthly basis or on a total basis is a controversial issue in practice.
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It shall be governed by the labor dispute arbitration committee of the place where the labor contract is performed or the place where the employer is located; if either party applies for arbitration, it shall be governed by the labor dispute arbitration committee of the place where the labor contract is performed.
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It is distributed to the relatives who were the main sources of livelihood for the deceased workers and who are unable to work: the spouse receives 40%, and the other relatives each receive 30%. An additional 10% is given to elderly people living alone or orphans.
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For workers with work-related injuries at levels I to IV, the disability allowance will be discontinued once they reach the retirement age, and they will instead receive basic pension insurance benefits. If the pension is lower than the disability allowance, the fund will make up the difference.
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You can refuse unreasonable job transfers. For grades five and six, the unit shall arrange appropriate work for them, and the job transfer should be reasonable and not reduce their compensation; if the employment is terminated illegally, the employer shall bear the liability for compensation.
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Where an employer illegally subcontracts the work to a party that does not have the qualification to be an employer, the employer at the next higher level that has the qualification to be an employer shall bear the responsibility for work-related injury insurance.
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The contractors absconding will not affect the accountability. Where the contractors illegally subcontract or subcontract to unqualified contractors, the contractors who have the qualification of employing subjects shall bear the responsibility for work-related injury insurance.
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For work-related injuries, the employer bears no fault liability and the compensation is calculated according to the work-related injury insurance benefits, which requires verification. For labor relations, the compensation is based on personal injury, and the liability is shared according to the fault of both parties. The standards and procedures are also different.
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Over-age migrant workers who are injured usually claim personal injury compensation based on the labor relationship; for those who have not received pension insurance benefits but meet the eligibility criteria, some regions may recognize their injuries as work-related injuries.
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The right of revocation shall be exercised within one year from the date when the revocation grounds are known or should have been known, and shall be extinguished if not exercised within five years from the date of the act. It is an uninterrupted preclusive period.
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When the right of subrogation is established, the counterparty generally performs the obligation to the creditor; the litigation costs are usually borne by the losing party, and in practice, they are often borne by the counterparty or paid first from the proceeds of the creditor's claim.
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