Desperate to find a big lifesaver who understands the latest contract law

Labor Contract Law of the People's Republic of China.

Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 29 An employer and a worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate the 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.

Article 73 The labor administrative department shall be responsible for the supervision and management of the implementation of the national labor contract system.

The local people's labor administrative department at or above the county level shall be responsible for the supervision and management of the implementation of the labor contract system within its administrative area.

In the supervision and management of the implementation of the labor contract system, the labor administrative departments at or above the county level shall listen to the opinions of representatives of trade unions, enterprises and relevant industry authorities.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

The employee only needs to terminate the employment contract during the probationary period three days in advance. As for the training fee of 3,000 yuan, you don't have to pay it at all, because it is only for the induction training of new employees, not special skills training. If the employer asks you to pay the training fee, you can ask the employer to produce the invoice for the training fee, and if you can't get it, you don't have to pay.

When terminating an employment contract, the employer has the obligation to assist you in handling the relevant resignation procedures, including the file.

The training fee should be the fee paid by the company for the completion of your special training. If the company wants you to compensate, there should be an invoice.

You have the right to terminate the contract during the probationary period.

The file may have some impact on your re-employment, and it is recommended that you agree with the company before leaving. You can negotiate with the company with confidence, and it doesn't matter what the contract stipulates.

Rights are to be fought for.

1. The new labor law stipulates that the contract can be terminated by notifying the employer 3 days in advance during the probationary period, and you do not need to pay the training fee.

2. The file must be returned, it is very important, and it cannot be reissued if it is lost. The labor law stipulates that the company shall go through the procedures for transferring files out of the company when the employee leaves the company. This is an obligation of the unit.

3. If the unit does not assist, it can apply for labor arbitration, which is free of charge.

The amount of liquidated damages paid shall not exceed the training fees that the employer has attended.

Training refers to professional and technical training.

If it is only to explain the rules and regulations, it is not training.

There is no cost to you.

During the probationary period, the employee can terminate the contract with three days' notice.

1. The contract is invalid. Company A violated the mandatory provisions of the law by purchasing 100,000 bottles of inferior liquor from Distillery B and agreeing that Distillery B would affix the registered trademark of brand-name liquor for sale.

2. It is not the termination of the contract, but the invalidity of the contract, because the termination can only be applied if the contract is valid. The contract is invalid, and the property obtained due to the invalid contract shall be returned separately, but because of the counterfeiting and counterfeiting of both parties A and B, the final wine and payment will be confiscated by the court as illegal property.

3. If there are no serious consequences or the circumstances are minor, it may be confiscated and fined, and if the consequences are serious, it may be investigated for criminal liability for producing fake and shoddy products and infringing registered trademarks.

Lawyer's professional answer:

1. A contract that violates the mandatory provisions of laws and administrative regulations is invalid, so the contract concluded is invalid.

2. According to Article 97 of the Contract Law, after the contract is terminated, if it has not been performed, the performance shall be terminated. If the contract has been performed, the parties shall request restitution, take remedial measures, and have the right to claim compensation for losses according to the performance of the contract and the nature of the contract.

Therefore, if you cannot return it, you can claim compensation.

3. Investigate the corresponding administrative responsibility and impose a fine! Criminal responsibility is pursued if a crime is constituted.

The first is that "no responsibility is payable for work-related injuries".

Violation of mandatory provisions of laws and regulations. Void!

2. "When the goods go out, they will not be returned";

The clause does not necessarily lead to invalidity, and if it is a standard clause, it can be invalidated in accordance with the law, and it is valid if it is indeed an agreement between the parties.

3. "In case of film damage and loss, compensation will only be made according to the value of the same type of film";

The analysis is the same as the second item above. However, if the lock damages the film, it is a characteristic object, and other types of rights and interests can be claimed under other civil laws, which are not included in this agreement.

4. "Regardless of the circumstances that occur after the operation, the hospital and the doctor who performed the operation shall not be involved in any unforeseen circumstances";

This article violates laws and regulations to enforce the agreement, circumvents legal obligations, and is determined to be invalid.

5. "In the process of transmitting and processing the telegram, if the telegram is delayed, erroneous, or invalid due to reasons attributable to the post and telecommunications bureau, the post office shall refund the report fee according to the decision; However, it does not assume other liability for compensation. ”

The standard clauses that are exempt from liability are the same as the analysis of items 2 and 3. In accordance with the provisions of the Contract Law on standard clauses, it is necessary to specifically determine whether the clause is not effective.

If the other party does not give a detailed explanation of the standard clause and obtains its consent, it may claim that the clause is invalid.

Article 1 is invalid.

Article 2 is invalid. If the sales contract is fraudulently defective, the contract can be invalidated and cancelled.

Thirdly, fourthly, and fifthly, they are all invalid clauses. Even if it is signed, the court will consider it invalid and not binding on both parties.

Employment, public safety.

Just have a receipt to prove that you gave him the money. What did he sue, he was doing something bad in the office, and the boss couldn't have been more legitimate than opening him. No company wants a person who is morally corrupt, you can go to the labor bureau and explain the reason for opening him. The Labor Bureau will not support him.

This is a sublease situation.

Your contract with B must be confirmed by the lessor, i.e. A, in order to be valid, otherwise it is a null and void sublease.

If the sublease contract is invalid, you can claim liability for breach of contract against B and request a refund of the sublease fee of 17,000 yuan, but you should pay the necessary fees to him.

If the original lease expires, regardless of whether your sublease is valid or not, the landlord has the right to stop renting out his house, regardless of whether you sue or not. As for the dispute between you and B, it has nothing to do with whether the original contract expires or not.

If the landlord agrees with your sublease agreement, then the agreement is valid, then you are deemed to have started exercising your tenancy rights on the date of the sublease contract (the date of the landlord's confirmation), and your sublet fee must be deducted from the corresponding fees from the effective date of your sublease to the present before you can be returned, regardless of whether you move in or not. If you stay until the date agreed in the sublease contract, i.e. at the end of the year, then you cannot get your sublease back because you have exercised your tenancy rights.

1. Without the consent of the landlord and if the landlord does not recognize it, the contract is invalid, otherwise the contract will be valid;

2. If you actually occupy it, you can't get the fee back. Pay the equivalent of rental** for the amount of time you actually occupy.

Lawyer Liu Zhaoyan.

In the case of subletting, the consent of the landlord shall be obtained.

First of all, I don't know how the contract of A and B is written, if it is the amount and time written in numbers according to your question, then in all seriousness, this is an irregular contract, which can basically be regarded as invalid. The receipts between you and Party B cannot be regarded as a contract, but they can be used as evidence to facilitate your recovery of the transfer fee from B. Secondly, during the lease period, Party B only has the right to use the house and not the ownership.

So in essence, the so-called contract between you and B is invalid. If you sue Party B, you can only sue Party B, and if the landlord repossesses the house after the contract between A and B expires during this period, it will have no impact on your lawsuit against B, and there is no question of who is in favor of you.

This is a sublease issue under the contract law, and the contract between you and Party B can be terminated without the consent of Party A. After the contract is terminated, Party B must return the property.

If you still want to rent a house, go straight to A.

Isn't there no contract between you, and you can get your money back according to the receipt

The part of your sublease with him is valid, the part that exceeds the term is invalid, and the part that does not exceed the term cannot be used against the lessor. In other words, the landlord has the right to repossess the house at any time after knowing about the sublease.

You can sue for rescinding the contract on the grounds of fraud. Early.

Whether the transfer is valid or not depends on whether the landlord agrees with it.

If the landlord does not approve of it, you can repossess the house, and you can also ask for a refund of the transfer fee. On the contrary, no.

First of all, the contract between you and Party B is valid, and there are many types of contracts, and you belong to the practice contract. You can also get back the transfer fee, because this situation involves the validity of the contract between Party A and Party B, and B has no right to lease the house to you, but only transfers and can get it back. Since the contract is about to expire, it is in your best interest for the contract to expire while you are suing, because Party B is an assignment and not a lease.