When the company receives the arbitration application, it should submit its defense and evidence within the response period, with a focus on reviewing the basis of the claims and the evidence provided. Either ignoring the application or failing to enforce the ruling after losing the case will increase the risks involved.
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Legal layoffs must follow the procedures of economic layoffs or negotiated terminations. Dismissals due to attendance violations must be supported by proof of the publicized system and the facts of the violation, otherwise, the employer shall pay 2N compensation.
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The maximum support period for double wages in the absence of a signed contract is 11 months, and the base amount includes wages, bonuses, and allowances. The arbitration period is calculated on a monthly basis, so it is recommended to provide payroll records as evidence and apply for arbitration as soon as possible.
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The compliance risks in corporate labor and personnel management mainly focus on the termination of employment contracts and the handling of social insurance issues. In cases of illegal termination, the employer must either continue to fulfill the contract obligations or pay 2N compensation. It is recommended to establish a compliance process and hire professional lawyers to handle these matters.
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If the non-compete agreement does not stipulate compensation or if the employer fails to pay the compensation, the employee may request to terminate the agreement. According to the judicial interpretation, if the employer fails to pay the compensation within three months, the employee may request to terminate the non-compete agreement.
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The penalty for breaching the non-compete agreement is primarily compensatory in nature, and the employer needs to prove the actual losses incurred. If the agreed amount is too high, the court may reduce it, and the clause may not take effect if the compensation is not paid. Henglue Labor Team can evaluate this matter.
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Non-compete restriction disputes can be resolved through negotiation, mediation, arbitration, or litigation; they are limited to executives and other personnel, with a timeframe not exceeding two years, and the employer must provide compensation. Henglue Labor Team provides practical support in this regard.
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If the demolition subjects refuse to sign the relocation agreement and move out, the acquisition party may apply to the court for forced execution after making a decision; and may apply for the seizure of the property in accordance with the effective legal documents. Wang Dong, a lawyer from Henglue Law Firm, has once represented clients in cases involving execution-related objections.
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If the debtor fails to repay the money, the creditor needs to prepare evidence such as the promissory note and transfer records before filing a lawsuit with the court having jurisdiction; and the mediation can set default clauses. Lawyer Tian Jia Yan of Henglu Law Firm once secured a creditor's right of 712,000 yuan.
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If a friend refuses to repay the loan, the lender should keep the loan note and transfer records, and file a lawsuit within the three-year statute of limitations. After winning the lawsuit, the lender can apply for forced execution. Attorney Li Yonghui from Henglue Law Firm once successfully represented a case where the borrower owed 475,000 yuan and won the lawsuit.
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Private lending is a type of loan contract dispute, which falls within the scope of lawyers' civil litigation practice. Professional lawyers can represent clients in such cases, and the key issues include providing evidence and reviewing the compliance of interest rates with relevant regulations.
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For private lending with a guarantor, the lender may require the guarantor to assume responsibility according to the guarantee mode; if the guarantee mode is unclear, it shall be deemed as a general guarantee, and the lender must assert his rights within the guarantee period, otherwise he shall be exempt from liability.
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If the borrower fails to repay the loan, you can collect the loan note and transfer records and file a lawsuit with the court in the defendant's residence. The statute of limitations is three years. After winning the lawsuit, you can apply for forced execution and protect your rights in multiple fields, such as contract disputes and other related matters.
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When the enterprise has no property to execute against, it may claim that the unpaid shareholders' contributions should be accelerated to maturity, assume supplementary compensation liability within the scope of the subscribed capital, and recover the arrears in accordance with the law.
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The legal interest rate for private lending is capped at four times the one-year LPR rate at the time the contract is signed, and the overdue interest rate is subject to the same limit; if there is no agreement, it is deemed as interest-free, and the excess part will not be protected.
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