If the employer fails to pay social insurance contributions for any reason, it can be retroactively paid according to law. However, for individuals, it's usually not allowed to make a one-time retroactive payment for interrupted contributions. The key point is to prove the employment relationship and the fact of unpaid contributions.
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When an employer pays social insurance premiums based on the minimum base amount, it is usually an act of underpayment. Employees can file a complaint and request the employer to make up the payment and pay the overdue fine. If the employee suffers any loss of benefits, they can seek compensation.
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Employees are not obligated to accept the unit's relocation plan. Any changes to job positions or salary reductions must be agreed upon through consultation. Employees can refuse such unlawful and coercive measures and assert their rights and claim compensation.
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The acquisition of the company does not result in the resetting of employees' working years. The original contracts remain valid after the merger or spin-off, and the uncompensated working years should be counted continuously after the contracts are re-signed.
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After the enterprise is deregistered, the economic compensation for employees' wages will not be extinguished. It will be paid off preferentially in accordance with the law. If the enterprise is not liquidated before being deregistered, the shareholders or responsible parties will bear legal responsibilities. It is recommended to declare the creditor's rights as soon as possible.
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In bankruptcy proceedings, workers' wages, social insurance, and statutory compensation take priority over ordinary claims (but rank lower than security rights). According to Article 113 of the Enterprise Bankruptcy Law, workers should timely file their claims.
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The revocation of a company's business license does not extinguish its legal person status, and its debts shall still be borne by the company's assets. If the liquidation obligors fail to conduct liquidation and result in the loss of the company's assets, they shall compensate for the losses within the scope of the losses, and the creditors shall assert their rights in a timely manner.
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The nominal legal representative does not bear the company's debts directly because of the registration of his/her name; he/she is only liable under statutory circumstances such as property confusion, embezzlement, guarantee, or negligence in liquidation, but may be subject to credit restrictions.
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Can the confusion of the legal personality of affiliated companies lead to the denial of the independent legal personality of each company and the imposition of joint and several liability? The core issue is the confusion of personnel, business, and financial affairs, especially the confusion of assets, as defined in Article 23 of the Company Law and the Nine Civil Cases Interpretation.
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The shareholders who withdraw their capital shall bear supplementary compensation liability for the company's debts within the scope of the withdrawn capital and interest; assistants shall bear joint and several liability. Additional litigation or enforcement may be initiated, and it is necessary to provide fixed capital verification and transaction records as evidence.
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If a shareholder of a one-person company cannot prove that the company's assets are separate from his own, he shall bear joint and several liability for the company's debts; the burden of proof is reversed to the shareholder, on the premise that the company's debts are genuine and legal.
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In principle, shareholders are liable for their obligations within the limits of their contributions. However, there are exceptions where they must bear responsibility, such as identity confusion, failure to separate the assets of a single-member company from personal assets, failure to make full contributions or withdrawing contributions, and negligence in liquidation. These cases must be judged ...
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After the guarantor makes compensation, he/she obtains the right to seek reimbursement and can sue the debtor and apply for property preservation to seize the debtor's property. To do this, the guarantor must provide clues to the debtor's property and a guarantee, and the reimbursement shall be carried out within the scope of the law.
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The subrogated recourse is subject to a three-year ordinary statute of limitations, which starts from the date when the creditor's claim becomes due and the debtor fails to exercise his sub-creditor's right. It is also subject to the statute of limitations of the sub-creditor's right, and the counterparty may raise a statute of limitations defense.
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The compensation for the expropriation of residential plots is not based on a uniform price per mu. It is calculated based on the comprehensive land price of the area, resettlement assistance, and the value of the house and other structures on the land; even if the plots are unregistered, but there is actual use and proof from the village committee, people can still claim their rights according to...
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