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Unless there is an agreement in your contract that the landlord will compensate you for the loss of renovation for breach of contract, there is nothing else to mention except liquidated damages.
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Only liquidated damages stipulated in the contract can be claimed.
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Either claim liquidated damages or buy and claim losses, choose one of the two.
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1. "Has my relative formed a de facto employment relationship with the enterprise?" ”:
1) If you have worked for 4 years and received monthly wages, as long as you have evidence to prove the above facts, it can be recognized as a de facto labor relationship.
2) Evidence can be: various registration forms, salary schedules or wage splits, work clothes, worker certificates, audio recordings recognized by the boss or other management personnel during your relatives in the enterprise, etc.
2. "But it is not a criminal case": how to prove that it is not a criminal case? Have you reported the case to the public security and have the opinion and conclusion of the public security organ? If not, it is recommended to report the case to the public security organs and find out the cause of the fire and the cause of death.
3. "How to ask the enterprise for compensation?" ”
1) Your relative died during working hours or in the workplace due to work-related reasons, so you can claim work-related injury compensation from the enterprise or social security institution; If, after reporting the case, the public security organs find out the cause of the fire and find the person who caused the fire or the arsonist, they can also claim compensation from the person who caused the fire or the arsonist.
2) If you want to get work-related injury compensation: you should collect relevant evidence that you can prove that your relatives have worked in the enterprise for 4 years, and if the company does not declare the work-related death for your relatives within 30 days after the accident, the family members should apply for work-related injury recognition to the labor bureau where the factory is located within one year after the accident, and then claim compensation after getting the work-related death certificate.
3) Claim compensation: If the company has purchased work-related injury insurance for your relatives, you can claim compensation from the local work-related injury insurance agency; If you do not buy work-related injury insurance, all will be compensated by the enterprise.
4) When making a claim: first negotiate and settle it, and if the negotiation fails, you can file a labor arbitration with the labor arbitration commission where the enterprise is located.
Please note: The one-year statute of limitations for individuals to apply for work-related death determination and the one-year statute of limitations for initiating labor arbitration.
5) If it is a recent matter, according to the revised "Regulations on Work-related Injury Insurance", the standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year, and you can also claim 6 months' salary for funeral expenses and pension for supporting relatives, please refer to Article 37 of the "Regulations on Work-related Injury Insurance" for details.
4. Your relatives can also ask the company for the following:
1) If the wage is lower than the local minimum wage, it is required to make up and claim compensation of 50% of the arrears of wages;
2) If the employment contract is not signed, double wages can be claimed, but in view of the statute of limitations, double wages for the last 11 months can be claimed at most.
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1. Form a de facto labor relationship;
2. If an employee of an employer who should participate in work-related injury insurance but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
3. If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.
Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.
4. In the event of a dispute between the close relatives of the disabled or deceased employee or the close relatives of the disabled child worker or the deceased child worker over the amount of compensation with the employer, it shall be handled in accordance with the relevant provisions on the handling of labor disputes. That is: labor arbitration first; If you are not satisfied with the labor arbitration, you will go to court.
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A de facto labor relationship has been formed, and he is entitled to work-related death benefits in accordance with the Regulations on Work-related Injury Benefit Insurance.
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From your description, it is clear that your relatives have formed a de facto employment relationship with the company, and now the key is to collect evidence. Evidence 1: Proof of the company's payment of your relative's salary, such as a bank statement; If it is a cash payment, there should also be something to pay the salary, signatures, etc.
Evidence 2: Proof of your relative's work in the company, such as a sign-in book, or camera surveillance data, etc. In short, it is necessary to prove that your relatives have indeed formed a de facto employment relationship with the company.
It is advisable to apply to the local labor department for arbitration.
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Your relatives have formed a de facto employment relationship with the company. According to Article 16 of the Labor Law, the legal form for establishing an employment relationship is to conclude a written labor contract, and if the two parties have not signed an employment contract, the employee shall be deemed to have a de facto labor relationship if he or she has performed normal work and received remuneration for his or her labor. However, to determine whether there is a de facto employment relationship, it is not only one of them that the employee has paid for his labor.
There are other manifestations of de facto labor relations, such as the fact that the worker has provided normal labor and received labor remuneration without signing a labor contract; Employees who have agreed orally or in writing with the employer to retain the employment relationship, etc.
References:
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Hello! Legal Network-Legal Q&A Service Team will answer your questions as follows:
1. Specific analysis:
According to the situation you described, the house you are talking about is in a state of community by shares. For the disposition of property rights, the first thing to see is whether there is a specific agreement between you and other co-owners on this, and if there is an agreement, it must be in accordance with the agreement. If there is no agreement, according to the provisions of the Property Law, co-owners by share may transfer their share of the immovable or movable property jointly owned.
You can dispose of your share.
2. Legal basis:
Article 101 of the Property Law A co-owner may transfer his share of the immovable or movable property in common. The other co-owners have the right of first refusal under the same conditions.
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