The master answers my economic law judgment questions

32.According to Article 37 of the Labor Contract Law, an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

33 Wages on statutory holidays (Spring Festival, Qingming Festival, Dragon Boat Festival, Labor Day, National Day, Mid-Autumn Festival, Chongyang Festival, etc.) are three times the average daily wage, and compensatory holidays cannot be substituted for wages.

Statutory rest days (mainly weekly.)

6. Sunday) wages are twice the average daily wage, except for those who can arrange compensatory time off. Wage Conversion] Article 2 of the Notice of the Ministry of Labor and Social Security on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year (2008) No. 3 stipulates that "Conversion of daily and hourly wages: In accordance with the provisions of Article 51 of the Labor Law, the employer shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages."

Accordingly, the daily wage and hourly wage are converted as:

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly wage income (monthly salary days: 8 hours), monthly salary days (365 days, 104 days) December days.

Overtime pay] Overtime pay is calculated as follows:

Wages for extended working hours: hourly wages Actual extended hours.

Remuneration for working hours on rest days: 2 per day

Salary and remuneration for working hours on statutory holidays: 2 per day (the original salary of the person is not deducted).

Both A and B are invalid.

A is an expense, and according to the agreement, more than 30,000 yuan requires the consent of B and C.

B belongs to the business, and the business of more than 300,000 yuan requires the consent of B and C.

Neither C nor D is part of the agreed expenses and operations.

On November 10, 2003, Wang (a Chinese citizen), a natural person, set up a sole proprietorship enterprise A with the declaration of family common property to engage in catering business, and with the expansion of business, enterprise A set up six branches and recruited six store managers to be responsible for the operation of the branches. Since the branch carried out business activities in the name of the head office, the branch did not go through any registration procedures, and the enterprise did not sign a written contract with the store manager on the employment matters. Half a year later, Wang went abroad, and Company A was handed over to his wife Li to manage, due to Li's lack of management experience, the business operation deteriorated, and the manager of Branch A opened a business with relatives engaged in the same characteristic catering business as Company A without authorization, and served as the manager, and the main work energy was transferred.

Branch C defaulted on the rent of the tenant house, and the chain was sued to the court, and Li responded to the lawsuit on the grounds that the manager of Branch C was contracted to operate, and his debts had nothing to do with Company A. In March 2005, Li decided to dissolve Company A without liquidation, intending to escape the debts of the enterprise.

Q: 1) Can a sole proprietorship declare capital contribution for family joint property?

2) Should a sole proprietorship set up a branch be registered?

3) Does a sole proprietorship investor entrust or employ another person to manage its business affairs without signing a written contract with the trustee?

4) Does the manager of branch A violate the law?

5) What is the statute of limitations for a landlord to claim payment of rent? Can Li's defense be sustained? Please explain why.

6) Is Li's dissolution of Company A legal? After the dissolution of enterprise A, can Li escape the debts of the enterprise?

A: 1) Yes. The Sole Proprietorship Law stipulates that investors may contribute capital with their personal assets or from their common family property as personal contributions. The question meets this condition.

2) It should be relieved. For a sole proprietorship enterprise to establish a branch, the investor or the person entrusted by the sole proprietorship shall apply to the registration authority where the branch is located for establishment and registration.

3) If an investor entrusts or hires another person to manage the affairs of a sole proprietorship, it shall sign a written contract with the trustee or the person being employed.

4) The behavior of the manager of branch A violated the provisions of the Sole Proprietorship Enterprise Act, which stipulates that "no business competing with the enterprise shall be engaged without the consent of the investor".

5) The statute of limitations for a request for payment of rent is one year.

Li's defense cannot be established, the branch is to carry out business activities in the name of the head office, and the investor's restriction on the trustee's authority cannot be applied to a third party who is doing good.

6) When a sole proprietorship enterprise is dissolved, it shall be liquidated, and it is not in accordance with the law to dissolve the enterprise without liquidation. After the dissolution of the sole proprietorship, the original investment shall still be liable for repayment of the debts incurred during the existence of the sole proprietorship.