There is a time limit. The double salary applies to a one-year arbitration statute of limitations, which starts from the date when the employee knows or should have known that his rights have been infringed. Whether it should be calculated on a monthly basis or on a total basis is a controversial issue in practice.
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It shall be governed by the labor dispute arbitration committee of the place where the labor contract is performed or the place where the employer is located; if either party applies for arbitration, it shall be governed by the labor dispute arbitration committee of the place where the labor contract is performed.
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It is distributed to the relatives who were the main sources of livelihood for the deceased workers and who are unable to work: the spouse receives 40%, and the other relatives each receive 30%. An additional 10% is given to elderly people living alone or orphans.
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For workers with work-related injuries at levels I to IV, the disability allowance will be discontinued once they reach the retirement age, and they will instead receive basic pension insurance benefits. If the pension is lower than the disability allowance, the fund will make up the difference.
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You can refuse unreasonable job transfers. For grades five and six, the unit shall arrange appropriate work for them, and the job transfer should be reasonable and not reduce their compensation; if the employment is terminated illegally, the employer shall bear the liability for compensation.
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Where an employer illegally subcontracts the work to a party that does not have the qualification to be an employer, the employer at the next higher level that has the qualification to be an employer shall bear the responsibility for work-related injury insurance.
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The contractors absconding will not affect the accountability. Where the contractors illegally subcontract or subcontract to unqualified contractors, the contractors who have the qualification of employing subjects shall bear the responsibility for work-related injury insurance.
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For work-related injuries, the employer bears no fault liability and the compensation is calculated according to the work-related injury insurance benefits, which requires verification. For labor relations, the compensation is based on personal injury, and the liability is shared according to the fault of both parties. The standards and procedures are also different.
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Over-age migrant workers who are injured usually claim personal injury compensation based on the labor relationship; for those who have not received pension insurance benefits but meet the eligibility criteria, some regions may recognize their injuries as work-related injuries.
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The right of revocation shall be exercised within one year from the date when the revocation grounds are known or should have been known, and shall be extinguished if not exercised within five years from the date of the act. It is an uninterrupted preclusive period.
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When the right of subrogation is established, the counterparty generally performs the obligation to the creditor; the litigation costs are usually borne by the losing party, and in practice, they are often borne by the counterparty or paid first from the proceeds of the creditor's claim.
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If the debtor is not notified, the transfer agreement shall be effective between the parties, but it shall not be effective against the debtor. The debtor may still perform the obligation to the original creditor, and the assignee will have difficulty enforcing the agreement against the debtor.
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If the transfer of creditor's rights is not notified to the guarantor, it shall not be effective against the guarantor; if it is agreed that the transfer is prohibited and the guarantor's written consent is not obtained, the guarantor shall no longer bear responsibility.
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If the debtor is not notified, the repayment to the original creditor shall be effective; after the notification arrives, the debtor shall perform the obligation to the assignee, otherwise it may constitute a second repayment, and the debtor shall not be exempted from liability.
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The transfer of a creditor's right without notifying the debtor shall not be effective against the debtor. The notice shall be delivered in writing and the delivery receipt, such as the signature receipt, EMS, or notarization, shall be kept. The notice shall take effect when it reaches the addressee.
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