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You can win the case and fight the lawsuit as soon as possible.
Be careful of long nights and dreams.
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If you don't have a receipt, you can definitely get it back if you have a receipt.
This is unjust enrichment, and it can be returned.
Although China does not recognize the recording evidence, it still plays a supplementary role in practice, and there is fraud in your case, and the lawsuit can be won.
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Find a lawyer with experience in civil litigation for advice.
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Call recordings can only be used as corroboration. I don't know if the other party is calling you moving**or fixed**. If it is fixed**, appoint the public security department to check the real-name registration information of the other party at the local telecommunications bureau.
If it is mobile**, there may not be real-name registration. You'd better be prepared for both. In addition, when you first entered this unit, did you have a paper similar to a contract?
If there is, and what is written in the contract is very different from reality, then there can also be grounds for suing.
Find a lawyer, if 60,000 yuan can be recovered. I don't care about these thousands of dollars.
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Court summons? Passed on to you?
Don't be afraid, you write down the number that was just called to you. Or call the police now and make the situation clear. There will be no problems.
It's best to say to your parents and other relatives around you, lest they be fooled...
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If the other party doesn't take any further action, don't worry.
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The main view of this issue is that minor injuries are punishable by fixed-term detention or controlled release of not more than three years, and serious injuries are punishable by fixed-term imprisonment of not less than three years but not more than ten years. If you do not do anything, you are not the principal offender, and you have the circumstances of voluntary surrender, you can be given a lighter punishment and apply for release on bail pending trial first.
Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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You can be released on bail pending trial, and the sentence should be very low, about a year at most.
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The circumstances are more serious, and it is difficult to be released on bail pending further investigation.
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You can resign immediately and ask the company to make back social security payments and ask the company to pay financial compensation.
Legal basis. Labor Contract Law of the People's Republic of China.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
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;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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If you don't sign a contract, you can resign; You should get some compensation for not signing the contract; Since you have been working for more than 4 years, you should also get some compensation; You can try to negotiate with the company and hire a lawyer if you have any difficulty.
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You can immediately notify the company that you are not working, but the specific handover procedures may not be realistic, you have been in the company for 3 years, if you resign, the company needs to find someone to replace your position, it is impossible to go through the handover procedures with you immediately.
It is their mistake that the company did not sign a contract with you to pay social security, and if you resign immediately and do not notify the unit 30 days in advance, it is your lack of responsibility.
If you do not sign a labor contract for more than one month after entering the company, you can have double salary from the second month, and if you do not sign a labor contract for more than one year, you are presumed to have signed an indefinite labor contract with the company, and now you take the initiative to resign, there will be no economic compensation. What you can claim is double pay.
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1. Clarify the situation of the vehicle insurance of the party causing the accident, whether it has purchased compulsory traffic insurance, third-party liability insurance, and if so, what is the amount.
2. Whether the perpetrator is the owner of the car, if not, who is the owner of the car, and whether he has money.
3. Clarify your father's medical expenses and the level of disability that may be caused.
4. Find a local lawyer to give you a detailed view of the actual situation in the local area (because the enforcement standards of Chinese laws vary from place to place).
5. In this case, it is generally compulsory traffic insurance (122000) and third-party liability insurance (generally 200000 300000) first, and the insufficient amount will be compensated by the perpetrator.
6.After clarifying the above issues, you can have a negotiation plan.
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In the event of such a thing, before the dispute arises, you can:
Negotiate compensation with the offending party. You can calculate the specific amount according to the actual situation and reach an agreement through negotiation. That's the best situation for you. (Since it is a negotiation, you should say it well, and don't be rash).
If a dispute arises between the parties over this matter, then it can be resolved through legal means. It can be mediated by a reputable person or a people's mediation committee, or it can be resolved by filing a civil lawsuit. (If you encounter unreasonableness, you must confidently protect your legitimate rights and interests).
Litigation is relatively costly and time-consuming, but it is the most authoritative and thorough dispute resolution method.
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Is this kind of person still private? Sue him directly for property preservation! If the judgment is not enforced, he will apply for enforcement, and I don't believe that he doesn't even have a house!
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In general, if you go through the judicial process, you should be accompanied or compensated.
You can ask for it to be executed first.
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It is imperative to apply to the court for pre-litigation property preservation to prevent the offending party from transferring and concealing property. At the same time, the injured person will be evaluated for disability, and all medical bills, transportation expenses and other expenses will be kept to prepare for the presentation of evidence in future litigation. It is advisable to hire a lawyer immediately, as the longer it drags on, the worse it will be for you.
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Hire a lawyer for this kind of thing, and he'll do it for you.
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If it's private, then you have to see how much he compensates you. If the money compensates more, then yes. If the compensation is relatively small, then it is better to go through the legal process!! After the judgment is handed down, apply for compulsory enforcement!
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Go to the court to apply for property preservation, and the court will go to the bank to check his account and freeze his personal bank account.
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This kind of person is private, that is, he wants to spend less money with you, so there is no need to talk nonsense with him, it is recommended that you go to the court to apply for property preservation, and then quickly find a lawyer to sue, if there is really no money to pay, let him go to jail and see if he is still up and down.
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1. If you die immediately from a non-work-related sudden illness or within 48 hours after a non-work-related sudden illness, you will be treated according to the work-related injury treatment, and the company will be liable in this case.
2. If it is not an appeal, the company mainly bears humanitarian responsibilities, such as paying funeral expenses.
3. If there is no death due to sudden illness, the company shall bear the basic salary subsidy and other benefits during the first period, and cannot terminate the labor contract until the date of termination of the medical treatment period.
4. In general, you still have to make a specific analysis, your questions and information are too simple, and you can only make a preliminary judgment.
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1. It's not clear, what is the relationship between the person you are talking about and the factory: labor relations or managers?
2. To find out the cause of the disease, is it caused by work, occupational disease, or unrelated to the factory?
3. Explain the problem clearly to give you advice.
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Hello. According to the facts of your case, you and your sister can share the inheritance of your parents' house.
According to the relevant provisions of China's "Inheritance Law": you, your brother and your sister are all first-order heirs and have the right to inherit the inheritance of your parents' house equally. If there are other circumstances, the house shall be inherited equally.
With regard to the disposal of the house, it is possible to enjoy the house together, and one person takes the ownership of the house and compensates the other original co-owners; If the negotiation fails, it can also be discounted, and the price obtained will be divided equally.
I hope you find the above information helpful, and if you have any other questions, feel free to give me information. Happy Holidays!
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Appoint a lawyer's letter to the lawyer, and it will know that it is wrong.
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It is possible that the construction unit does not have warning signs or safety measures, and can claim compensation for the injury caused, and can apply for labor arbitration if it cannot negotiate with the construction unit.
Tort Liability Law
Article 91: Where pits are dug in public places or roads, repairs and installs underground facilities, etc., without setting up obvious signs and taking safety measures, causing damage to others, the builder shall bear tort liability.
Where manholes and other underground facilities cause damage to others, and the manager cannot prove that he has fulfilled his management duties, he shall bear tort liability.
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Yes, there are clear provisions in the Tort Liability Law.
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Eavesdropping that uses the method of evidence preservation in the process of exercising protection for infringement of one's own interests is not only not protected by law, but may be suspected of committing a crime.
Article 284 of the Criminal Law stipulates that anyone who illegally uses special equipment for eavesdropping or eavesdropping photographs, causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or controlled release.
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Only she can.
Article 1: This Law is the basic norm for marriage and family relations.
Article 2: A marriage system of freedom of marriage, monogamy, and equality between men and women shall be implemented.
Protect the legitimate rights and interests of women, children and the elderly.
Family planning is practiced.
Article 3: Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Article 4: Husbands and wives shall be faithful to each other and respect each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
Chapter 2 Marriage.
Article 5 Marriage must be entered into free and complete free will be between the man and the woman, and neither party shall be allowed to coerce the other or any third party to interfere with it.
Article 6: The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and childbearing should be encouraged.
Article 7: Marriage is prohibited in any of the following circumstances:
1) Immediate blood relatives and collateral blood relatives within three generations;
2) Suffering from a medical illness that is medically deemed unfit for marriage.
Article 8 A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.
Article 9: After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, according to the agreement between the man and the woman.
Article 10: Marriage is null and void under any of the following circumstances:
1) bigamy;
2) There is a family relationship that prohibits marriage;
3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;
4) Those who have not reached the legal age for marriage.
Article 11: Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
Article 12 A marriage that is invalid or annulled shall be null and void ab initio. The parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.
The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of this Law on parents and children shall apply.
Divorce by mutual agreement is recommended.
Legal basis: Marriage Law of the People's Republic of China. >>>More
Hello, it is recommended to divide it, so that you will not be happy, or you can find a breakthrough!
First, on the basis of article 234 of the Criminal Law, those who intentionally injure the body of others are to be sentenced to up to three years imprisonment, short-term detention or controlled release. >>>More
If the employer terminates the labor contract without justifiable reasons, the employee has the right to request that the labor contract continue to be performed. If the employee is unwilling to perform the contract or is unable to perform the contract, the employer shall pay compensation equivalent to two months' wages for each full year of your working years. The landlord should pay attention to obtaining evidence in his favor. >>>More
China Legal Consultation Center:
The China Legal Consultation Center is a public institution approved and registered by the State Administration for the Registration of Public Institutions, and is a national legal service organization organized by the China Law Society. The China Legal Consultation Center has independent legal personality. The purpose of the China Legal Consultation Center is to adapt to the new situation of reform, opening up and modernization, as well as the needs of governing the country according to law and building a socialist country under the rule of law, give full play to the advantages of expert "think tanks", provide legal services for leading organs, enterprises, institutions and citizens, perform the social supervision functions of judicial organs and departments in accordance with the law, protect the legitimate rights and interests of enterprises and citizens, promote the best administration according to law and reasonable administration, promote exchanges and cooperation in Chinese and foreign legal affairs, and actively promote the construction of a harmonious socialist society. >>>More