Most retirees who are rehired establish a labor relationship, and in the event of an injury, the compensation shall be apportioned according to fault in accordance with Article 1192 of the Civil Code; those who have not enjoyed pension benefits and meet the requirements of a labor relationship may be recognized as work-related injuries.
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The severance pay for leaving a job is exempt from personal income tax if it is within three times the average local salary of workers in the previous year, and the excess part shall be subject to the comprehensive income tax rate table separately; the consultation on the tax calculation method shall be consistent with the illegal termination of the employment contract.
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The supplementary payment of social insurance is not subject to the two-year investigation period stipulated in the "Regulations on Labor Security Supervision", and it is a mandatory collection. If the unit fails to pay or underpays, the worker can file a complaint to have the payment confirmed and supplemented, and the late payment penalty shall be borne by the unit.
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During the period of suspension of work with pay, the original salary and welfare benefits shall remain unchanged, and the unit shall pay them monthly; the period shall generally not exceed 12 months, and the longest period shall not exceed 24 months. The standard shall be calculated based on the average salary of the 12 months prior to the work-related injury.
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Simply making up for the arrears in housing provident fund does not fall within the scope of arbitration. Instead, the employee should file a complaint with the management center in accordance with the "Regulations on the Administration of Housing Provident Fund" to order the employer to make up for the arrears. For the case of unpaid social insurance leading to the termination of the employment c...
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On the day of absenteeism, the employer does not have to pay wages, but deducting an additional two days is considered illegal deduction, which violates Article 15 of the "Interim Regulations on Wage Payment" and Article 50 of the "Labor Law". The employee can file a complaint or request arbitration to recover the deducted wages.
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If the company refuses to repay the money borrowed from an individual, the individual can file a lawsuit against the company at the court in the company's registered address or the place of contract performance, based on the contract and the transfer receipt. If the interest rate does not exceed four times the LPR, and the shareholders fail to make the actual payment or withdraw the funds, they ma...
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If the borrower fails to repay the loan on time or the guarantor refuses to assume responsibility, the creditor may sue both the debtor and the guarantor together; in the case of joint and several guarantee, the creditor may directly pursue recovery. It is essential not to let the guarantee lapse during the six-month guarantee period, and the creditor should protect his rights in accordance with A...
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If the other party sues with a forged IOU, you should actively defend yourself and provide evidence. According to Article 115 of the Civil Procedure Law, the other party may be fined or detained. If the other party commits the crime of false litigation according to Article 307 of the Criminal Law, the other party will be held accountable. During the enforcement stage, you can raise objections.
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If the contract does not stipulate the payment time, the creditor may request performance at any time, but must allow a necessary preparation period; the creditor may send a letter of reminder and claim overdue interest calculated according to the LPR, and the statute of limitations shall commence from the expiration of the reminder period.
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To recover the company's arrears, first secure the evidence and then file a lawsuit: file a case in accordance with Article 122 of the Civil Procedure Law, and after winning the case, apply for forced execution; if the shareholder has not paid the capital in full, he/she can claim the accelerated maturity of the investment.
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When a failed real estate project is subject to bankruptcy reorganization, owners should declare their claims for the purchase price and submit contracts and payment receipts within the court's announcement period. Purchasers' claims for compensation shall take priority over ordinary creditors' claims for repayment.
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The debt of a borrower does not automatically disappear upon their death: the heirs shall pay off the debt within the actual value of the estate; if it is a joint debt of the couple, the spouse should also repay it; and in principle, those who renounce their inheritance rights shall not bear any liability.
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The demolition of enterprises is accounted for in four categories: housing value, relocation and resettlement, losses from production and business suspension, and incentive subsidies; for state-owned land, it is in accordance with Article 17 of the Regulations on Land Expropriation; for collective land, it is in accordance with Article 48 of the Land Administration Law.
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If the compensation is unreasonable, you can refuse to sign it. If you do not agree with the standard amount of resettlement, you can initiate a review litigation or request information disclosure to verify its legality. If you have already signed the agreement but the fraudulent party is not qualified, you can claim that the agreement is invalid or revocable.
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