Henglue handles second-hand housing disputes involving breach of contract, double sale of the same property, household registration issues, and property defects. It seeks to enforce contractual performance or claim compensation in accordance with Articles 577 and 587 of the Civil Code.
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Full-time employees who engage in part-time work that seriously affects their main job duties, or who refuse to correct their behavior after being advised, may be dismissed by the employer in accordance with Article 39 of the Labor Contract Law; otherwise, the dismissal would be considered illegal and the employer would be required to pay compensation.
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Part-time workers can sign oral agreements (Article 69), which are not mandatory in writing; however, if they work overtime or are deemed to be full-time workers, they must sign a written contract and be paid double the normal wage if no written contract is signed.
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The administrative detention does not automatically exempt from criminal responsibility; the unit must have a sound system and follow legal procedures. Otherwise, it shall pay compensation (2N) in accordance with Articles 48 and 87 of the Labor Contract Law.
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Occupational diseases must be diagnosed by a diagnostic institution, and the applicant must submit their occupational history, exposure history, physical examination and test data. If they disagree with the diagnosis, they can apply for a two-level appraisal. Then, they can apply for work-related injury identification with the diagnosis certificate, in accordance with the "Occupational Disease Pre...
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If the unit refuses to issue a resignation certificate and is liable for compensation according to Articles 50 and 89 of the Labor Contract Law, the employee can claim compensation for unemployment benefits and salary losses caused by the new unit's refusal to hire them. The obligation to provide certificates cannot be waived simply because the employee has not completed the handover process.
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After the bankruptcy estate has paid off its debts in priority, it shall first pay off the workers' wages, the personal portion of social insurance, and statutory compensation. However, guaranteed claims shall have priority over specific assets, in accordance with Article 113 of the Enterprise Bankruptcy Law.
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In principle, the worker should provide evidence of the overtime work, but if the employer refuses to provide evidence such as attendance records, the employer shall bear the adverse consequences in accordance with Article 6 of the Labor Dispute Mediation and Arbitration Law.
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According to Article 40 and Article 47 of the Labor Contract Law, the employee shall receive one month's salary for each completed year of service, and +1 refers to the compensation in lieu of notice for failure to give notice 30 days in advance. The compensation in lieu of notice shall be calculated based on the employee's last month's salary.
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During the probationary period, if it is proven that the employee does not meet the employment requirements, the employer may terminate the contract without compensation; if the employer fails to provide evidence or exceeds the time limit, the termination will be considered illegal, and the employee may claim compensation (2N) or demand continued performance of the contract.
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If a joint debtor pays off more than his or her share, he or she may, in accordance with Article 519 of the Civil Code, seek reimbursement from other debtors and enjoy the rights that the creditor has against the debtor.
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It is possible to apply for property preservation before or during litigation, and after providing a guarantee, request the court to freeze the other party's account; if there are any errors in the preservation, compensation must be paid, and the guarantee fee may be borne by the losing party.
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According to Article 686 of the Civil Code, general guarantees are distinguished from joint and several liability guarantees. If the agreement is unclear, it is presumed to be a general guarantee; and the creditor must assert his rights within the guarantee period in accordance with the law.
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In Beijing, the fees charged by lawyers for civil lending are based on the amount of the claim, charged on an hourly basis, or on a contingency fee basis, with the maximum contingency fee not exceeding 30% of the claim amount. It is recommended to first evaluate the case and then discuss the fee arrangement in person.
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After suing for non-repayment of a loan, the first-instance ordinary procedure lasts six months and the summary procedure lasts three months; once the judgment comes into effect and the performance period expires, the creditor can apply for enforcement, and the enforcement period lasts two years; if there are no assets, the creditor can pursue the unpaid shareholders after the termination of the b...
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