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Formal enterprises will not be in arrears of wages, because of the violation of the law in arrears of wages, they will face corresponding penalties. Whether it is in arrears can be asked by the company's internal personnel. Alternatively, you can check whether the company has violated the law through the list of dishonest people (a direct search below) or the National Enterprise Credit Information Network.
If there is any arrears, the employee can file a complaint with the local labor and social security department (labor inspection brigade) or apply to the labor dispute arbitration commission for labor arbitration.
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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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If everyone has noble morality, if the society can provide everyone with a pleasant life, then the law has no meaning of existence, this is the direction of many idealists' efforts, but people are selfish, this situation is probably always an illusion, so it must be limited and protected by the law, and realize personal value.
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What do you do if your neighbor has extra rice at home and you run out of rice? 1. Grab it with your hands; 2. I take things.
Swap with him. If you rob someone, you can't guarantee that someone will rob you tomorrow, and there will be bloody conflicts. The members of the society realized that they could not do this, so the society had a rule that they should not rob other people's things; At the same time, in order to prevent others from breaking this rule, there is a second rule, if anyone robs, he is punished, expelled from the tribe or imprisoned or beheaded.
Finally, write out this rule and announce it to the society so that everyone can abide by it. If you exchange something with someone, then rules about the exchange will appear, such as equivalent exchange.
That's how the law came to be.
Without law, there will be no rules, and without rules, there will be no order, and society will not be able to maintain.
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Law is a product of social development, formulated or approved by the state, embodying the will of the ruling class, and guaranteed by the coercive power of the state. If there is no law, people's behavior depends on moral constraints, but morality is not mandatory by law, and cannot effectively guarantee the stable development of society.
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Just like the emergence of the state is the same reason, people give up part of their rights to get a stable social order, the same law restricts people's behavior to achieve social stability, although the emergence of the law has a certain ruling class to achieve the purpose of serving the rule, but the law is actually divided into many kinds, there are written and ideological, the original law is a wide range of social constraints formed by people's moral consciousness, and over time the concept of law has been formed, so the word law is not simply a legal provision in the current sense, It is a kind of social morality of people at the beginning, an ideology that naturally forms with universal binding force.
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Because this is a kind of demand of society, people are the main body of society, there is no law and there is a law are two completely different societies, people in order to do something, do not let others do something, so there is a law, anyway, it is the relationship between needs and interests, remember needs and interests!
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Read: Engels, The Origin of the Family, Private Property and the State
Eriksson, "Order Without Law".
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Absolute power produces absolute will
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If there is no legal constraint, it will be chaotic.
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The correct way to put it is to regulate people's social behavior and punish crime. The social saying is that without the law, there is no social norm.
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There are no rules, there are no rules.
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Legal principles are the basic truths and principles of law, and the specific legal principles are different depending on the classification.
1. Concept. Legal principles refer to comprehensive and stable legal principles and norms that serve as the guiding ideology, foundation, or source of legal rules in a certain legal system. Legal principles are of great significance to both the creation and implementation of laws.
II. Classification of Legal Principles: 1According to the different bases on which legal principles arise, legal principles can be divided into axiomatic principles and policy principles.
1) The principle of justice, that is, the principle composed of legal principles (jurisprudence), is a legal principle deduced from legal facts, and is a legal principle in the strict sense, such as the principle of legal equality, the principle of good faith, the principle of equivalent compensation, the principle of presumption of innocence, the principle of legality of crimes, etc., which have greater universality in the international scope. (2) Policy principles are some principles formulated by a country or nation out of certain policy considerations, such as the principle of "governing the country according to law and building a socialist country under the rule of law" stipulated in the Constitution of our country, the principle of "the state implements a socialist market economy", the principle of "implementing family planning" in the marriage law, and so on. The policy principles are pertinent, national and contemporary.
2.According to the breadth and narrowness of the coverage and scope of application of legal principles on human conduct and conditions, legal principles can be divided into basic principles and specific principles. (1) Basic legal principles are the principles applied by the entire legal system or a certain legal department that embody the basic values of law, such as the principles stipulated in the Constitution.
2) Specific legal principles are principles that are applicable to specific situations in a certain legal department under the guidance of basic principles, such as the offer principle, the acceptance principle, and the error principle in (Anglo-American) contract law. 3.Depending on the content and issues designed according to legal principles, legal principles can be divided into substantive principles and procedural principles.
1) The principle of substantiality refers directly to the principle that directly involves the issue of substantive law (substantive rights and obligations, etc.), for example, the majority principle stipulated in the Constitution, civil law, criminal law, and administrative law belongs to this category. (2) Procedural principles directly refer to principles related to procedural law (procedural law), such as the principle of "res judicata", the principle of defense, the principle of exclusion of illegal evidence, and the principle of presumption of innocence stipulated in the procedural law.
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Constitution, Criminal Law, Civil Law, Criminal Procedure Law, Civil Procedure Law, Marriage Law, Labor Law, Company Law, Contract Law, etc., and many other laws and regulations...
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There are a total of 261 laws in China!
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Legal acts have the following three characteristics: First, legality. Legal acts are an important part of the phenomenon of law, which is the behavior of people who are prescribed by law, have legal significance, and can be evaluated by law, which is different from ordinary social behavior.
Second, sociality. As a human activity, legal behavior has social characteristics, and legal behavior is not an isolated act, but a form or aspect of other social acts. Third, a legal act is an act that can be governed by the will of a person and is volitional.
A legal act is an act performed by a person and is governed by the will of the person. It reflects people's recognition of certain social values, the pursuit of certain interests and behavioral results, and the choice of certain activity methods.
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Legal Features (Characteristics):
1. Law is a general, universal and rigorous code of conduct.
2. The law is the code of conduct formulated or recognized by the state.
3. The law is the norm of behavior for the state to confirm its rights and obligations.
4. The law is a code of conduct guaranteed by the coercive power of the state.
5. The law is the norm of behavior that regulates social relations.
6. Law is a universal social norm.
The details are as follows: 1. Law is a general, universal and rigorous code of conduct.
Law first refers to a norm of behavior, so normativity is its primary characteristic. Normative refers to the fact that the law provides patterns, standards, patterns, and directions for people's behavior. At the same time, the law is also general, it is a highly abstract behavior pattern from a large number of actual and concrete behaviors, and its object is ordinary people, and it is repeatedly applied.
The law is also universal, that is, the standard of behavior provided by the law is applicable to all citizens in accordance with the law, and no special is allowed outside the law, that is, "everyone is equal before the law", and once the law is violated, it will be punished accordingly, and it will be educated and reformed.
Another important feature of a legal norm that distinguishes it from other norms is its rigor. It is made up of special logic. The elements that make up a law are legal principles, legal concepts and legal norms.
Every legal norm consists of two parts: a pattern of conduct and a legal consequence. Patterns of behaviour refer to the standards and directions that the law provides for people's behavior. There are generally three types of behavior patterns:
This can be done, which is called an enabling specification;
It must be done in this way, which is called imperative norms;
The prohibition of such behavior is called a prohibitive norm.
2. The law is the code of conduct formulated or recognized by the state.
This is an important feature of the law. The so-called state enactment and ratification refer to the two ways in which laws are generated. It is statute law that is enacted by the state, and customary law that is usually recognized by the state.
3. The law is the norm of behavior for the state to confirm its rights and obligations.
The rights and obligations stipulated by the law are different from the rights and obligations of other social norms, and it is a relationship that is recognized or recognized and guaranteed by the state, which is an important feature of the law.
4. The law is a code of conduct guaranteed by the coercive power of the state.
Since the law is a state will, its implementation is guaranteed by the coercive power of the state. The rights and obligations stipulated in the law are enforced by the coercive force of specialized State organs, which include the army, the police, the courts, prisons, and other organized State violence.
5. The law is the norm of behavior that regulates social relations.
Because society refers to the totality of people formed on the basis of material production, the adjustment of the law is directed to people's behavior, and it is the standard set for people's behavior, that is, the adjustment of certain social relations.
6. Law is a universal social norm.
1. Universal validity, which has universal effect in the internal law of a country's sovereignty.
2. Universal consistency, the law cannot be forced.
Law is justiciable. Procedural nature of the law. Legal enforcement is achieved through steps and methods in legal time and space.
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1.Law is a system of norms of behavior.
As a system of behavioral norms, law has the following two basic characteristics of law:
First, it is normative and universal. The normative nature of law means that legal norms are general, abstract rules of behavior, which are not aimed at specific things or specific people, but stipulate a behavior pattern or behavior plan for people, which can be applied repeatedly under the same conditions. The universality of law means that legal norms are universally binding within the scope of state power, are effective for all members of society, and must be observed by everyone.
Second, it has a strict structure and hierarchy. LawEvery legal norm logically consists of three parts: assumption, treatment, and sanction; There are close links between different norms, and different legal departments and legal systems constitute a closely linked whole. The law has statutory methods of creation and expression, and there is a strict subordinate relationship between the normative documents of different levels.
2. Law is the embodiment of the will of the ruling class that rises to the will of the state, and law is a system of behavioral norms formulated or recognized by the state.
Enactment or ratification are the two basic forms of legal norms that are formulated by the state. Enactment refers to the activity of creating normative legal documents by state organs within the scope of their authority in accordance with legal procedures, and generally refers to the process of creating written laws. Recognition refers to the recognition by the state that certain rules of conduct existing in society have legal effect.
3. Law is a system of universally binding norms of conduct guaranteed by the coercive power of the state.
The law is enforced by the coercive power of the State, which includes the military, police, prisons, courts, and other organs of State violence, and the law enforcement activities of these organs directly guarantee the implementation of the law. The coercive power of the state gives the law a universal binding force on society as a whole, not only against the hostile class, but also within the class. Of course, not every process of implementing a law must rely on the coercive power of the state, which is often "prepared but not used".
However, if the law loses the coercive power of the state, it will be tantamount to "a dead letter" and will lose its legal attributes. The laws of different States have different nature and purposes of their coercive force.
4. Law is a system of legal behavior norms that stipulates people's rights and obligations as the main means of adjustment.
Law and rights and obligations are inseparable, it stipulates the freedom of behavior required by a certain mode of production as a legal right, and the corresponding social responsibility as a legal obligation, so that the mutual relations of people in a certain social form are transformed into legal rights and obligations, stipulates what people can do, what must be done, and what they are forbidden to do under certain circumstances, and guarantees the realization of these rights and obligations through the coercive power of the state, so as to confirm, protect and develop the social relations and social order that are beneficial to the ruling class. The rights and obligations stipulated in the law not only refer to the rights and obligations of citizens, social organizations, and the state, but also include the powers and duties of state organs and their public officials.