Contract issues! 100,000 urgent contract issues, online, etc.! Thank you!

1. It is illegal for the company to collect pressure money and collect deposits with "training fees" in disguise. Article 24 of the Circular of the Ministry of Labor on Printing and Distributing the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that when an employer concludes a labor contract with an employee, it shall not collect a deposit, security deposit or mortgage from the employee in any form.

Those who violate the above provisions shall follow the provisions of the Notice of the Ministry of Labor, the Ministry of Public Security and the All-China Federation of Trade Unions on Strengthening the Labor Management of Foreign-invested Enterprises and Private Enterprises to Effectively Protect the Legitimate Rights and Interests of Employees (Lao Ban Fa [1994] No. 118) and the General Office of the Ministry of Labor in the Reply to the "Request for Instructions on Whether State-owned Enterprises and Collectively Owned Enterprises Can Refer to the Relevant Provisions in Document No. 118 [1994] issued by the Ministry of Labor (Lao Ban Fa [1994] No. 256). The public security department and the labor administrative department shall order the employer to immediately return the money to the employee.

In addition, it is illegal to withhold your documents. In this case, you must file a complaint with the Labor Office and ask for restitution.

2. Judging from the situation that the other party you introduced "put us in step by step", the company is likely not to recruit employees at all, but to recruit workers as bait to defraud, it is a ** company, you have to report to the local public security organs, so as to effectively protect your rights and interests.

It is necessary to pay the pressure first, the contract liquidated damages of 5,000, and the graduation certificate are pressed, all of which are in violation of the provisions of the "Labor Law".

1.My suggestion is that you keep the relevant evidence such as the contract first, and then ask the company about the relevant questions (secretly recorded).

2.Report to the local public and commercial department, and go to the court to sue for the cancellation of the contract.

There is a lawyer named Yan Hong in Xiamen, who often answers questions, and in my analysis, he is very powerful, you can contact him.

Stupid, according to the state's regulations, you can go to the area where your unit belongs, for example, your unit is in Chaoyang District, Beijing, you can go to Chaoyang District, Beijing.

If the facts you report are true, the law enforcement unit of the Labor and Social Security Bureau will issue a penalty notice to the unit

Bring two kitchen knives and an axe to solve the problem.

Do you mean that there are only the seals of both parties on the contract, and that the seals are also printed together with the text of the contract?

If that's the case:

1. Strictly speaking, your loan contract is still an oral contract. Because the paper contract you printed is not exclusive in itself, simply put, the text of the contract cannot be used as evidence in law, because it is very likely that the paper contract is not jointly made and recognized by the parties from the perspective of the rules of evidence alone.

2. Of course, as an oral contract, if there are other witnesses, the text of this contract can also play a certain role in proof. to prove that the loan contract is validly established.

3. As an oral contract, this loan contract is validly established.

4. The piece of paper you mentioned as the carrier of the contract is actually of little significance.

What you said is still not clear enough, and you can only briefly talk about it, when there is no autograph.

If you have been doing this before, and you can come up with evidence, this loan is also carried out in the original way, which is considered effective.

If it is the first loan, it is also valid if both parties acknowledge and are willing to perform;

If one party does not admit it, it is ineffective, but one party has already performed according to the contract, if the other party repents, the other party should give the other party appropriate compensation, such as returning the money lent to you by others, and adding appropriate interest (bank deposit for the same period).

The text of the contract is available in advance, no problem! As long as both parties sign the contract, they both agree to it, for example, this is the case with the contract we bought the house.

The issue of post-sealing, it should be said that the signing of the contract you mentioned legally means that the two of you have reached an agreement on the terms of the contract and other contents, and the post-sealing is the time when the contract between you and the two parties takes effect or is completed.

For example, the two of you have negotiated and reached an agreement on a loan contract that exists in advance, which should be what you said when signing the contract;

After that, at another time or place, the two parties affix their seals (company seal, personal seal) on the original negotiated contract, then the contract is completed and is the time when it takes effect.

Regardless of which side you belong to, I need to remind you that the state allows and protects private lending, but does not protect usury.

The legal interest rate protected by law is up to four times the interest rate on bank deposits for the same period, and compound interest is not allowed by law.

Do you have evidence to support your statements? At the same time, it also depends on whether you have actually performed the contract, if the lender has actually paid the subject money, and the borrower has actually received it, then this contract is still established, although the seal is stamped first or typed later, it does not affect the validity of the contract. If you do not actually perform the contract and there is no evidence of any intention to enter into this contract between you, you can still ask for confirmation that the contract is invalid and you will bear the burden of proof as to why you signed the blank paper.

10. The liability of both parties for breach of contract is as follows: if Party A violates this agreement, Party A will return double the purchase price (deposit) paid by Party B. If Party B violates this agreement, Party A will not refund the deposit (deposit) for the purchase of the property.

It is recommended to use the model text of the "Non-residential Commercial Housing Sales Contract" or refer to it.

Are you a buyer or a seller?

Article 4 and Article 9 are to transfer the ownership first and then pay the rest of the house payment and then hand over the keys to the other party, is this the case? The formulation is not clear. Moreover, these two articles involve the main contractual rights and obligations, and should be clearly agreed.

Clause. Articles 3, 8 and 10 are unclear on liability for breach of contract. Don't know which clause will apply in the event of a breach?

Article 3 is written as a deposit, and Article 10 is written as a deposit, and these two are not the same. Only one type of penalty or deposit can be applied. If Party A breaches the contract, Party B shall compensate Party B 100,000 yuan, plus return the deposit of 50,000 yuan (liquidated damages) that has been paid, or apply the deposit penalty (but it is not appropriate), Party B shall compensate Party A 100,000 yuan for breach of contract, but the deposit shall be returned to Party B, or the deposit shall be doubled and the liquidated damages shall not be paid.

It's a terrible contract.

So much of the necessary stuff wasn't written.

To be honest, such a franchise is actually a money grab.

I also know how to do it.

For example, the head office is A, the branch office is B, and you are C.

To open a store, you need 1 million. B out of 60, C out of 40.

The machines and decorations purchased are all done by A.

1 million spent 900,000 to do this, and 100,000 flowed.

A received 900,000, but A's cost was only 300,000.

So, in fact, C gave out all the money.

And B occupies 60% of the shares, so cool to death.

As for making money or not, of course, it is necessary to do your best to make money.

Because A has made a lot of money.

B hasn't made money yet, and B's store manager is just an employee sent by A, and he will do his best to do a good job with C.

Well, that's pretty much how it works.

A is the safest and earned for nothing.

B is very hard-working, and if you earn well, you will have a share.

c also works hard... Everyone sent the money.

So, the key is whether this b can make money.

Make money, everyone is happy.

Losing money, hahaha, what can C do? Think for yourself.

1. The head office and the branch are the relationship between the company and the branch. The responsibility of the branch office is borne by the head office. This is stipulated by the Companies Act and is certainly correct;

2. The branch is generally not able to sign a contract with the outside, because the branch does not have an independent legal personality;

3. This statement of only making money and not losing money does not exist in theory;

4. If there is a bankruptcy, it should be a joint profit and loss, which is the provision of the partnership;

5. If you need to stamp, it is better to have the seal of the head office;

6. The head office shall bear the creditor's rights and debts of the branch.

1. The seal should be stamped with the seal of Party A in the contract, otherwise the contract is invalid. (That is to say, it should be the chapter of the head office, which is the Hainan xx diet management **** above you).

2. If there is a problem with the branch, there is a dispute and there is any breach of contract, you can directly sue the head office (the name of the company with the seal).

3. In fact, as long as it is stamped with the seal of the head office, if there is a problem, go to the head office to be responsible, legally speaking, this is the case, but I am afraid that if there is a problem, all kinds of things will not go well when you protect your rights.

Party A of the contract is a limited liability company with legal personality, and even if it has a parent company, it is also an act of two independent legal persons, which has nothing to do with the contract, and its parent company may be involved unless there is a criminal case such as fraud.

Remind you that it's better to think twice about what you only make and don't lose.

The contract is too crude and risky. It is difficult to protect rights, and the relationship with the head office is not very clear (is it an independent legal person or an authorized legal person?). ）。On the surface, it seems that there is only profit and no loss, but if you think about it, is there a lot of such a good thing?

Open a branch, you are a franchisee, you will get a business license, and if the name of the legal person is yourself, there is no problem.

The crux of several of your problems lies in the relationship between the head office and the branch. It is recommended that you first understand the responsibility relationship between the head office and the branch before making an investment.