If the unit fails to pay the housing provident fund, the employee can file a complaint with the housing provident fund management center, order the unit to make the payment within a specified time limit, and apply for compulsory enforcement by the court. There is no charge for filing a complaint.
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Social insurance compensation disputes fall within the scope of labor arbitration, while simply making up for the payment of social insurance contributions constitutes an administrative complaint. The statute of limitations for arbitration is one year, so it is recommended to first determine the nature of the dispute and then choose the appropriate legal path.
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If the employer fails to pay social insurance contributions for any reason, it can be retroactively paid according to law. However, for individuals, it's usually not allowed to make a one-time retroactive payment for interrupted contributions. The key point is to prove the employment relationship and the fact of unpaid contributions.
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When an employer pays social insurance premiums based on the minimum base amount, it is usually an act of underpayment. Employees can file a complaint and request the employer to make up the payment and pay the overdue fine. If the employee suffers any loss of benefits, they can seek compensation.
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Employees are not obligated to accept the unit's relocation plan. Any changes to job positions or salary reductions must be agreed upon through consultation. Employees can refuse such unlawful and coercive measures and assert their rights and claim compensation.
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The acquisition of the company does not result in the resetting of employees' working years. The original contracts remain valid after the merger or spin-off, and the uncompensated working years should be counted continuously after the contracts are re-signed.
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After the enterprise is deregistered, the economic compensation for employees' wages will not be extinguished. It will be paid off preferentially in accordance with the law. If the enterprise is not liquidated before being deregistered, the shareholders or responsible parties will bear legal responsibilities. It is recommended to declare the creditor's rights as soon as possible.
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In bankruptcy proceedings, workers' wages, social insurance, and statutory compensation take priority over ordinary claims (but rank lower than security rights). According to Article 113 of the Enterprise Bankruptcy Law, workers should timely file their claims.
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The revocation of a company's business license does not extinguish its legal person status, and its debts shall still be borne by the company's assets. If the liquidation obligors fail to conduct liquidation and result in the loss of the company's assets, they shall compensate for the losses within the scope of the losses, and the creditors shall assert their rights in a timely manner.
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The nominal legal representative does not bear the company's debts directly because of the registration of his/her name; he/she is only liable under statutory circumstances such as property confusion, embezzlement, guarantee, or negligence in liquidation, but may be subject to credit restrictions.
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Can the confusion of the legal personality of affiliated companies lead to the denial of the independent legal personality of each company and the imposition of joint and several liability? The core issue is the confusion of personnel, business, and financial affairs, especially the confusion of assets, as defined in Article 23 of the Company Law and the Nine Civil Cases Interpretation.
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The shareholders who withdraw their capital shall bear supplementary compensation liability for the company's debts within the scope of the withdrawn capital and interest; assistants shall bear joint and several liability. Additional litigation or enforcement may be initiated, and it is necessary to provide fixed capital verification and transaction records as evidence.
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If a shareholder of a one-person company cannot prove that the company's assets are separate from his own, he shall bear joint and several liability for the company's debts; the burden of proof is reversed to the shareholder, on the premise that the company's debts are genuine and legal.
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In principle, shareholders are liable for their obligations within the limits of their contributions. However, there are exceptions where they must bear responsibility, such as identity confusion, failure to separate the assets of a single-member company from personal assets, failure to make full contributions or withdrawing contributions, and negligence in liquidation. These cases must be judged ...
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After the guarantor makes compensation, he/she obtains the right to seek reimbursement and can sue the debtor and apply for property preservation to seize the debtor's property. To do this, the guarantor must provide clues to the debtor's property and a guarantee, and the reimbursement shall be carried out within the scope of the law.
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