Seek guidance from a kind lawyer and ask a lawyer for guidance.

Updated on culture 2024-05-23
18 answers
  1. Anonymous users2024-02-11

    The facts of the case you provided are not detailed and cannot be fully answered, so please share your personal views based on experience.

    First of all, I don't know what the internship period is stipulated in your internship agreement, whether it is according to normal employment, or the probation period, if it is a probationary period, then according to Article 19 of the Labor Contract Law, the probationary period shall not exceed six months for a contract of more than three years, so the one-year probationary period is illegal, here you can benefit a little, and even negate the validity of the agreement, so that the liquidated damages will be invalid for you, at least the company will compensate you.

    Then the usual verbal promise should be less credible, or recorded, or go to arbitration, and find a way to get the company to recognize his promise, such as the interrogation, so that the verbal promise can have legal effect.

    Hard work and too much overtime? If you work overtime without compensation, go to arbitration and ask for compensation.

    It's hard to say about liquidated damages, it depends on how the judge decides, mainly because you didn't send the text.

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

    In addition, many companies now have regulations on what to dismiss when you are sleepy at work, which are not in accordance with the law, you can go to work and doze off, smoke or something, let the family fire you, and then you can also file a lawsuit to pay compensation, you can ask your local lawyer for specific operations, or you can make a question to add, now you say that the situation is too brief, it is difficult to say.

  2. Anonymous users2024-02-10

    The Labor Contract Law stipulates that if a person requests to resign during the contract period, he or she shall submit a written request to the company 30 days in advance, and the labor contract may be terminated. If the contract stipulates that the employee shall pay liquidated damages, the amount of liquidated damages shall not exceed the amount of training fees paid by the company for the employee, and if the employee pays liquidated damages, the amount of liquidated damages shall not exceed the amount of training fees that should be apportioned for the failure to perform the contract period.

  3. Anonymous users2024-02-09

    First of all, I feel unfortunate about what happened to your father, who knows that his brother and sister are still at ease about his own affairs, and Jiuquan is also smiling.

    Claims for personal injury should be filed within one year, which is the statute of limitations prescribed by law, which means that if you want to resolve the issue through legal means, you may have exceeded the statutory statute of limitations.

    The solution is to negotiate with the employer to increase a part of the pension.

  4. Anonymous users2024-02-08

    The statute of limitations has passed.

    Have you ever reported or filed a case before with other organs such as the national public security or the courts?

    It's hard ...

  5. Anonymous users2024-02-07

    There is simply no possibility of pursuing it again, and usually the courts will not accept it. Don't think about it

  6. Anonymous users2024-02-06

    It's man-made, find a reason for the statute of limitations to be suspended, and hire a good lawyer

  7. Anonymous users2024-02-05

    More than 20 years have passed, and the statute of limitations has long passed.

  8. Anonymous users2024-02-04

    It cannot be simply considered that all the ** that occurs during working hours are industrial and commercial, mainly because the statute of limitations has passed for too long and cannot be pursued, and there is no reason for the suspension of any litigation!

  9. Anonymous users2024-02-03

    According to the current law, it should be recognized as a work-related death.

    However, more than 20 years have passed since the incident, and the statute of limitations has long passed.

    I deeply regret that I can't help it.

  10. Anonymous users2024-02-02

    Hello, as you said, your father's situation should be an accident. It is not a work-related injury. The unit is only morally obligated. Moreover, more than 20 years have passed since 1989, and the maximum statute of limitations stipulated in the General Principles of Civil Law has passed, and you have lost the right to prevail.

  11. Anonymous users2024-02-01

    One party is a person who has gone abroad (a Chinese citizen who has legally resided abroad for more than 6 months and has not been settled), and the other party is a Chinese citizen living in China who is divorced.

    If one party is a person who has gone abroad and the other party is a Chinese citizen residing in China, and both parties have voluntarily divorced and have reached an agreement on child support and property disposal, both parties must jointly apply for divorce registration at the marriage registration authority at the place where one party is registered in China or where the person who went abroad before going abroad. Chinese citizens residing in China are required to provide ID card and household registration certificate, divorce agreement and marriage certificate; Those who go abroad should provide passports, divorce agreements and marriage certificates.

    If there is a dispute between the parties, they can file a lawsuit with the people's court of the domicile of one of the domestic parties, and the domestic court with jurisdiction is your place of residence or the place of marriage registration.

    Therefore, if one of the spouses is unable to return to their home country abroad, then the marriage can only be dissolved by suing in court. However, one of the disadvantages of litigation divorce is that the procedure is cumbersome, such as the notice and other litigation documents must be served through the basic court - the intermediate court - the high court - the Supreme Court - the Ministry of Justice - *** - China's embassy and consulate in the country, so it is common for a lawsuit to be fought and closed in two or three years. However, some courts have also reformed, such as a grassroots court in Shenzhen, which has served by e-mail, but there is no clear basis for this practice.

    Based on the above reality, I have two suggestions: 1. Let the party abroad write a "Divorce Opinion" agreeing to the divorce and a "Power of Attorney" authorizing his relatives in China to handle divorce matters with full authority, and authenticate these two documents through the Chinese embassy or consulate of one of the spouses abroad, mail them back to China directly, and then let the relatives who are authorized to do so with the party in China go to the court to handle relevant matters. 2. If the first method above does not work, and the domestic party cannot bear the long time required to go through the normal procedure, then the only way to let the foreign party take the time to return to China, and both parties go to the marriage registration office to go through the divorce procedures, which can be completed in a few minutes.

  12. Anonymous users2024-01-31

    Compensation is related to the place, for example: death compensation.

    According to Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the death compensation shall be calculated on a 20-year basis according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

    Therefore, depending on the place of court, the standard of calculation is different, and there must be a big difference between the result and amount of compensation.

    You can find a local legal aid center and ask them to help. You can also agree with the lawyer on the risk**, and the case will be completed and the money will be paid after the compensation is reached. Let's read a book.

  13. Anonymous users2024-01-30

    Hello, I am a lawyer at Henan (Zhengzhou) Hui Zhiyuan Ce Law Firm, and I will answer you as follows:

    This case is a traffic accident damage compensation dispute, you can first ask the culprit party to ask for medical expenses, if you can come, you can ask for it, or you can sue the court later. Nowadays, many people are like this, thinking that the car has insurance and should be compensated by the insurance company, so they are unwilling to pay for the medical expenses in advance. You should see a doctor, if the other party does not pay and there is no way to force him to pay, you should go out first, pay attention to save the relevant evidence materials, and then sue the court after being discharged.

    Disclaimer: In view of the limitations of online consultation, lawyers can only make preliminary analysis and judgment on the issues of consultation without a comprehensive understanding of the facts of the case and a review of the relevant evidence materials of the case. This lawyer's opinion is for reference only and is not used as the basis for the parties to handle the case, and the consequences of the parties' handling of the case in accordance with this opinion have nothing to do with the lawyer.

    If you need further legal help, please call our lawyer directly or bring relevant evidence to our lawyer's office for an interview.

  14. Anonymous users2024-01-29

    Of course, this is a clear violation of the consumer's right to know, since there are previous records that the phone is second-hand, not new, but he sold it to you at the original price, even if you have a good chance of winning in court. However, if you go to the store, he should give you some compensation, after all, there is no need to go to court because of the mobile phone.

  15. Anonymous users2024-01-28

    This evidence is more difficult to fix, if you sue the court, the other party will say that the information retained in the mobile phone is left after you buy it, so it is recommended to negotiate with the business office to return or exchange the goods.

  16. Anonymous users2024-01-27

    You went to work in a state-owned unit in 2001, and you are deemed to have signed a fixed-term labor contract, first negotiated with the unit, but if the negotiation failed, Yin Chunkai filed a labor arbitration lawsuit, and finally filed a lawsuit in court.

  17. Anonymous users2024-01-26

    Unless otherwise agreed by both parties, the employee may refuse an unreasonable job transfer.

    The following situations can be considered unreasonable.

    1. It has a substantial adverse impact on income.

    2. The slag excavation work site is too far away from the original work site, which affects normal life.

    3. There is a major change in the content of the work and deviates from the original agreement between the two parties.

    The employer does not have the right to terminate the contract because the employee refuses to transfer unreasonable work.

    If the contract is terminated illegally, the compensation will be calculated according to the length of service, 2 months' salary for each year of service, and if you have been working for 11 years since 2000, you will be compensated for 22 months' salary.

  18. Anonymous users2024-01-25

    If you don't do it, the unit should compensate you.

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