For delayed delivery of the house, collective litigation is available: most owners can elect representatives to file a joint lawsuit, paying attention to arbitration clauses, grace periods, and statutes of limitations. The penalty for breach of contract is typically a few thousandths of a percent per day as stipulated in the contract.
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Labor supervision is an administrative investigation procedure, with free complaints and investigations completed within two years; labor arbitration is an adjudication procedure, free of charge, with a one-year statute of limitations. For unpaid wages, it's faster to seek supervision, while for compensation and dispute resolution, arbitration is the preferred option.
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During the arbitration process, if the company is deregistered, the shareholders may be added as parties or file a separate lawsuit. If the company is deregistered without going through liquidation, the shareholders may be held liable for repayment; if the company is liquidated in accordance with the law, the arbitration may be terminated, and the case will then move to the stage of seeking accoun...
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Labor arbitration does not charge fees; attorney's fees are not subject to government pricing, and the fees typically range from thousands to tens of thousands of yuan. They can be charged in stages or according to the value of the case. Those who are financially struggling can apply for free legal aid, and the statute of limitations for arbitration is one year.
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The arbitration mediation agreement shall take effect upon its signing and acceptance by both parties, and shall have the same enforceability as the arbitral award. If either party fails to perform the agreement, the other party may apply to the court for compulsory enforcement, and the enforcement period shall be two years.
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If the unit transfers property to evade enforcement, it can apply for preservation, compulsory enforcement inspection and control, request to revoke the transfer act, and legally require the uninvested shareholders to bear responsibility.
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After the arbitration award takes effect, if the unit fails to perform its obligations, it may apply to the people's court for enforcement. The period for applying for enforcement is two years. Prepare the effective document, the proof of effectiveness, and the clues to the property.
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If the attendance records are tampered with, you can apply to the arbitration tribunal to order the unit to submit the original data. If the unit refuses to submit the data, it will bear adverse consequences. Immediately take screenshots and record videos for backup, and apply for arbitration within one year.
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The unit will bear unfavorable consequences if it destroys or refuses to provide the evidence in its possession, and may also be fined or detained. Workers should promptly fix counter-evidence and apply for arbitration within one year.
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Colleagues' testimonies are statutory evidence and can be admitted as evidence, but their probative force may be affected by their vested interests. Testimonies from witnesses who have a vested interest in a party cannot be used to determine the case alone, and they must be corroborated by attendance records, pay slips, and other evidence.
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The statute of limitations for promissory notes and IOUs is both three years, but the starting points are different: promissory notes start from the expiration of the agreed repayment period or the reasonable grace period; IOUs, as settlement documents, usually start from the date of issuance. In practice, it is advisable to promptly urge the other party to interrupt the statute of limitations.
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If the name on the IOU is written incorrectly, it does not necessarily mean that the creditor's rights will be lost. The creditor can prove that the name on the IOU is the same as the actual borrower through methods such as ID card numbers, transfer records, chat records, audio recordings, etc. If necessary, the creditor can apply for handwriting identification.
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Creditors are not allowed to seize the debtor's goods for debt repayment without authorization. Private seizure may constitute infringement. Creditors should realize their rights through public remedies such as property preservation, litigation, and forced execution. Under certain conditions, a right of retention can be established.
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The wages can be withheld and withdrawn, but the necessary living expenses of the debtor and the dependents supported by him/her must be reserved. Where there are minimum living standards in the local area, the amount shall be determined in accordance with such standards, and priority shall be given to alimony, medical expenses, etc.
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Only vehicles can generally be sealed up and auctioned: vehicles are movable property and are not essential for living, so the court can evaluate and auction them to settle debts; if there are objections to the enforcement actions or ownership, the parties concerned can file an enforcement objection in accordance with the law.
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