The unit shall not dismiss female employees on probation due to pregnancy; if the dismissal is based on an unsatisfactory performance evaluation, the unit must prove that the employee does not meet the recruitment requirements. Otherwise, the employee may claim to continue the employment or demand double compensation.
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During the probationary period, if an employee is dismissed for failing to meet the employment requirements, the employer does not need to give 30-day notice in advance, but should provide a reason and evidence to prove that the employment requirements and assessment criteria were met. Otherwise, it will constitute an illegal dismissal.
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The same unit and the same worker can only agree on one probationary period. It is illegal to renew the agreement again. For the illegal probationary period that has been completed, the compensation shall be paid according to the monthly salary standard of the regular employee.
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After signing a blank labor contract, it generally takes effect. However, if the content filled in later does not conform to the agreement, the employer can provide evidence to determine the contract according to the actual agreement. It is recommended to refuse to sign a blank contract, and keep evidence of the fixed salary and contract period if you have already signed it.
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The employment registration form generally does not contain the essential clauses of a labor contract and cannot replace a written contract. If an employer fails to sign a contract with an employee within one month of employment, the employer shall pay the employee twice the normal wage. It is recommended that the employer sign a contract with the employee within one month of employment and keep r...
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Illegal: According to Article 16 and Article 81 of the Labor Contract Law, each party to the contract should hold a copy of the contract. If the company refuses to deliver the contract, the employee can file a complaint with the labor supervision authority and request rectification. Within one year, the employee can apply for labor arbitration to protect their rights.
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The judicial protection cap for private lending interest rates is four times the one-year LPR at the time of the contract's establishment, and the excess part is not protected; the excess interest paid can be claimed as a deduction from the principal or a refund, and professional lending and loan transfer contracts may be invalid.
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Oral interest may be recognized, but it's difficult to provide evidence for it. If the loan agreement between natural persons is unclear, it shall be deemed as having no interest. Chat records, audio recordings, and regular repayments can be used as supplementary evidence, but the interest rate must not exceed four times the one-year LPR at the time the contract was concluded.
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The interest during the loan period shall be calculated from the date of loan disbursement to the maturity date, and the overdue interest shall be calculated from the date of overdue payment. The agreed interest rate shall not exceed four times the one-year LPR at the time of contract conclusion, and the compound interest added to the principal shall not exceed the limit. During the enforcement st...
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The principle of penalty for breach of contract in a promissory note is valid but can be reduced: If the agreed amount is excessively higher than the loss and exceeds 30% of the loss, the court may reduce it in accordance with Article 585 of the Civil Code; and the total amount used together with the overdue interest shall not exceed four times the one-year LPR.
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The two signatures on the IOU usually constitute a joint debt, and the creditor can request any of the signatories to repay the entire amount. The signatories shall share the debt according to the agreed or statutory proportion, and the actual bearer may seek reimbursement after assuming the debt.
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When the copy of the IOU cannot be verified with the original, it cannot be used as evidence alone, but it can be corroborated with the transfer records and chat records to form a chain of evidence, and it may still be accepted by the court.
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The transfer note stating that it is a loan is a unilateral record and cannot be used to prove the existence of a loan on its own. To obtain the court's support, it is necessary to combine the delivery receipt, chat records, and collection records to form a complete chain of evidence.
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If the IOU is torn up by the debtor, the plaintiff can supplement the lawsuit with transfer records, chat records, and witness testimonies; the party who maliciously destroys evidence shall bear adverse consequences, and the statute of limitations is three years. It is recommended to fix the evidence as soon as possible.
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Housing demolition compensation lawyers can travel to other regions to handle the entire process of expropriation cases. The Henglue team successfully mediated a case in Wuhu, Anhui, within ten days, increasing the compensation from 700,000 yuan to 1.45 million yuan, and resolved multiple performance review cases in Zhengzhou and Wuhan.
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