During the probationary period, a written labor contract should also be signed. If no contract is signed, the employer shall pay the employee double the salary from the first month of employment; and terminating the contract on the grounds of non-registration, etc. is an illegal termination.
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After the joint and several liability guarantor has paid off the debt, he/she may, in accordance with the law, seek recourse from the debtor and enjoy the rights that the creditor has against the debtor. He/she must assert these rights in a timely manner.
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Gambling debts are illegal and not protected by law. Moreover, if the debts are not used for the family's common life, they do not constitute marital debts, and spouses generally do not need to repay them.
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The principle that "a son must repay his father's debts" is not absolutely applicable. Heirs shall repay the debts within the actual value of the inherited estate. If they renounce the inheritance, they shall not bear the responsibility for repayment, and children are not automatically jointly and severally liable.
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If the promissory note does not stipulate a repayment period, the creditor can claim repayment at any time, and the statute of limitations starts from the expiration of the grace period for the reminder; while the debt note starts from the due date or the date of issuance. The starting points of the two are different.
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It is illegal to charge interest upfront. The interest charged in advance should be deducted from the actual loan amount to determine the principal and calculate the interest; and the interest charged in disguise through service fees should also be refunded to the actual principal.
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Compound interest is not necessarily protected. The interest earned in the early stage must not exceed four times the LPR when the contract is concluded. The excess part will be removed by the court, and the total fees are also subject to a cap.
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The interest rate of private lending shall be capped at four times the one-year LPR rate when the contract is concluded. Interest exceeding the cap will not be supported, and the excess amount paid can be claimed as a deduction from the principal.
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If there is no promissory note for a cash loan, it doesn't necessarily mean that the borrower will lose the lawsuit. Evidence such as WeChat chat records, audio recordings, withdrawal records, and witness testimonies can be used to strengthen the chain of evidence, and the loan can be determined based on a high degree of plausibility.
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If a person disagrees with the decision on expropriation, he/she may request its revocation or confirmation of its illegality, and review the normative documents cited at the same time. The statute of limitations for filing a lawsuit is six months, and he/she should entrust a lawyer to fix the procedural defects of the evidence.
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If the determination of illegal construction is incorrect, the party concerned may request reconsideration or file a lawsuit to revoke it; the determination must clarify the planning permission and the construction time, and the party concerned must be informed of the right to make statements and defenses during the process. The incorrect determination should be corrected in accordance with the la...
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After confirming that the forced demolition is illegal, the affected party can claim compensation for the value of the house, interior items, relocation costs, and losses from production and business interruptions; a lawyer can assist in fixing evidence and filing a lawsuit to confirm the illegality and seek compensation.
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The lawyer sorts out the illegal points, fixes the evidence, estimates the reasonable compensation, and represents the client in the reconsideration and litigation during the compensation negotiation; if the other party fails to perform its duties, the lawyer can request the court to revoke the decision and order the other party to handle the case again.
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If the evaluation of a store is unreasonable, one can apply for an evaluation review or appraisal, and challenge the compensation decision through administrative review or litigation. When selecting an evaluation agency and reviewing the report, the right to information should be guaranteed. If the evaluation process violates the law, one can request its revocation through legal means.
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The persons subject to demolition may protect their rights through information disclosure, administrative reconsideration, administrative litigation, and compensation procedures; forced demolition must be applied for by the court to enforce; and in the event of illegal forced demolition, a request for confirmation of the illegality should be made within six months.
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