The last-place elimination is generally not recognized as a legitimate reason for termination. Being in the last place does not mean being incompetent. Terminating the contract directly is usually illegal, and the worker can demand to continue performing the contract or receive compensation (double the economic compensation).
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If the company fails to pay wages on time, workers can terminate the contract in accordance with Article 38 of the Labor Contract Law and claim economic compensation, which is one month's salary for every completed year of service. It is recommended that workers first send a written notice to the company, and then terminate the contract on the grounds of unpaid wages and file a lawsuit within one ...
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Hourly workers, also known as part-time workers, work no more than four hours per day and no more than 24 hours per week, with a settlement period of no more than 15 days. If the working hours exceed the legal limits, they may be deemed full-time workers, and they can claim their rights according to the standard working hours during the relevant periods.
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The dispatched workers are dismissed, and the dispatching unit shall bear the compensation and indemnity for the employing unit. The employing unit shall bear responsibility if it illegally returns the workers. It is recommended to identify the main parties and initiate arbitration in a timely manner.
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The principle of pre-marital personal debts stipulates that they should be repaid by the debtor himself/herself, and the spouse is not automatically liable for them, except for the cases where the creditor can prove that the debts are used for the couple's post-marital life. It is recommended to clarify the boundaries of the purpose of the debts when providing evidence.
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Creditor's rights can be transferred, but the debtor must be notified, except in cases where the transfer is prohibited by the Civil Code. If no notice is given, the transfer will not be effective against the debtor. It is recommended to review the restriction clauses and leave a written record of the notification.
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If the debtor has no money to pay off the debt after the court's enforcement, the enforcement can be resumed or the unpaid shareholders can be required to bear supplementary compensation after the termination of the litigation. If the shareholders' investment matures ahead of schedule due to bankruptcy reasons, it is recommended to investigate the shareholders' investment.
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The court will not support interest rates exceeding four times the LPR. The excess amount paid can be offset against the principal. The maximum interest rate shall be four times the one-year LPR at the time of the contract's establishment. It is recommended to calculate the amount and raise objections or claim a refund in a timely manner after verification.
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Whether the guarantor is liable depends on the guarantee method and period: in general, the guarantor has the right of defense against the lawsuit, and the creditor of the joint and several guarantee can directly require the guarantor to repay the debt; if the guarantee period is exceeded, the guarantor will be exempt from liability.
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If the debtor transfers the property to a relative without compensation, which affects the creditor's right to recover the debt, the creditor may request the court to revoke the transfer. According to Article 538 of the Civil Code, the creditor shall exercise the right to revoke the transfer within one year after knowing the grounds for revocation and within five years after the occurrence of the ...
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After the statute of limitations for debts expires, the creditor can still sue, but the debtor can claim a defense and lose the right to win the lawsuit; the debt will not be extinguished, and the voluntary performance cannot request a return. The ordinary statute of limitations is three years, and the maximum is 20 years.
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The promissory note not specifying the repayment date does not affect its validity. It constitutes an indefinite-term loan, and the lender may urge the borrower to repay within a reasonable period. The statute of limitations for litigation begins to run from the expiration of the reasonable period of urging, with a maximum of 20 years.
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Land expropriation and demolition are mostly administrative litigations. According to Article 12 of the Measures for the Administration of Lawyers' Service Fees, risk-based representation is prohibited. In practice, lawyers are often charged based on the government's guidance price or hourly rates. It is recommended to clarify the standard before signing the contract.
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Demolition rights protection lawyers can verify the legality of the expropriation, fix evidence, apply for information disclosure, represent clients in reconsideration and litigation, and participate in negotiations and review of agreements. It is recommended to hire a lawyer as soon as possible to increase the possibility of fair compensation according to the law, and not to believe in the promis...
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If you have any objections to the evaluation of the store, you can apply for a review within ten days. If you are not satisfied with the review result, you can apply for an expert appraisal and, if necessary, file a lawsuit for review. The evaluation agency should be selected through consultation, with a focus on reviewing the use of the property at the specified time and any omitted items. It is ...
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