Questions about Academic Qualifications Contracts Arbitration!

The employer of the unit has not verified and proved the information of the employed person, the unit has been derelict in its duties, the fact of the employed person's work is true, and the issue of academic qualifications has no substantive effect here, because of the problem of the employee's own dereliction of duty.

Because there is no contract, it means that there is no written agreement, and the certificate presented by the unit you said is objectively untenable, and if the unit proposes a written certificate, then it means that there is an order to follow between the two parties, and the graduation certificate can be overturned according to the unit's dereliction of duty.

Didn't you say that she worked for 10 months and only paid 4 months less, so that means that the unit still paid 6 months, then the 6-month social security certificate indirectly proves that the employer admits that the two parties have an employment and employment relationship, and with this relationship, it can be proved that there is an order between the two parties Even if you can't produce a certificate, with the fact of work and the 6-month social security documents paid by the unit during the period, the employer has no reason not to hand over the remaining 4 months of social security, because as mentioned earlier, neither party can provide proof of terms After all of them, even if the unit comes up with a certificate, it is basically untenable, or it is easy to overturn.

If the other party has not submitted a college diploma, then first see if the employer has asked your girlfriend to submit it; If the employer can prove that the request has been made and your girlfriend has not submitted it, it depends on whether the employer has urged the payment again.

As long as you get evidence that you have worked for ten months, the company will pay social security to employees according to law, as for your college diploma and high Chinese certificate, you can fill in the college study, any enterprise has no reason not to pay social security because of academic qualifications. Social security is because you work for the company, and the company should be responsible for the welfare of employees or the obligation of the company.

According to your agreement, you cannot apply for arbitration (because the agreement is not clear), and you can only file a lawsuit in court to request the termination of the contract.

If there is only one arbitration commission in your city, the arbitration commission of that city can make the ruling, and the judicial interpretation of the Arbitration Law has relevant provisions.

Is the agreement submitted to the Municipal Arbitration Commission for arbitration valid? If it is stated that it shall be submitted to the Beijing Arbitration Commission, this agreement shall be valid in accordance with the law. Only write the city, and do not specify which city it is, it is unclear that there is no agreement, so this agreement is invalid, and if there is a dispute, it should be sued to the court.

A change in license is actually a name change. The obligation to change the name is not specified in the contract. In the contract, the title of "legal person" shall be the legal representative or person in charge.

It is advisable for the two parties to resolve the issues in dispute through consultation.

Amendments to the contract are subject to the consent of both parties, and neither party has the right to do so.

There is no deposit in the contract.

The land rent was also not stipulated in the contract.

These should be matters of consultation.

Judging from the content of the contract, if there is no sufficient evidence to prove that the other party is in breach of contract, the court will not support your claim.

You are asking the question of arbitration, which can tell you that the arbitration clause agreed in the contract is invalid because it does not have a clear name of the arbitration institution (e.g., the words Shenyang Arbitration Commission). When a dispute arises between you and the other party, if both parties still wish to resolve the dispute through arbitration, they should sign a supplementary agreement specifying the name of the arbitration institution; If the parties cannot reach an agreement, the lawsuit can be filed directly with the court where the defendant is domiciled.

Judging by the circumstances you added, the contract should have been fulfilled. This is a matter of contract variation and negotiation. If the contract has been agreed, it shall be executed according to the agreement; If one party wants to make changes, it shall obtain the consent of the other party.

First, it is legal for the employer to terminate the relationship, after all, you have not been able to provide the corresponding academic qualifications to prove that you have indeed met the recruitment requirements of the other party (due to the school's problems, you can solve it with the school separately).

Second, it will not affect the labor you have already engaged in and obtain the corresponding remunerationTherefore: according to the circumstances, if you meet the requirements of general workers, you can file an arbitration claim for the remaining company; If the requirements are not met (if the student does not graduate from school and does not meet the status of a general worker), he or she can negotiate or sue to claim the corresponding remuneration.

Note: The premise is that you will need to prove that you have actually been engaged in labor for two months.

First of all, you have established an employment relationship with the heat-using unit, so whether there is an agreement involving relevant academic qualifications in the signed labor contract, that is, the degree of education required for you to meet before the employer enters into a labor contract with you, and the unilateral termination of the labor contract by the employer must comply with the statutory circumstances, that is, whether the employer can unilaterally terminate the labor relationship on the grounds that your academic qualifications are fraudulent and fraudulently concluded a contract with you, this needs to be verified.

Secondly, if there is no problem with your academic qualifications and you are not at fault for breach of contract, then the employer may require the employer to pay compensation if the employer unilaterally terminates the labor contract. In this case, it can be required to pay the arrears of wages and pay compensation, and it can apply for labor arbitration.

Article 26 The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Hello, yes. You should be paid your full salary for the time you actually work.

First of all, before you sign the employment contract, does the employer know that you have not received a diploma? If you don't know, then there is a certain amount of fraud, but generally before signing the contract, some valid documents must be handed over to the personnel record for the record, they should know that you do not have a diploma and only a certificate, should be proposed at the time, why wait until you sign the contract to find that you do not have a diploma and terminate the contract, secondly, I personally believe that no matter what, the company has no right to deduct the remuneration due to the employee, you can arbitrate, even if you can't get the money, so that you can clearly know that the fault is **. Hope it helps.

Personally, I believe that equal civil subjects have the right to choose an arbitration institution in accordance with the provisions of the arbitration rules, and the parties can choose a domestic or foreign arbitration institution, but they must be agreed in accordance with the arbitration rules of the selected arbitration institution, otherwise the agreed jurisdiction may be invalid. For example, if a party wants to agree to arbitration in London or Singapore, it must determine whether its contract is within the scope of its acceptance according to its arbitration rules, and only if it meets the scope of acceptance stipulated in the arbitration rules, can it finally obtain the jurisdiction of the arbitration institution.

Whether it will have an impact on the arbitration result or review it in combination with specific evidence, it depends on the reason for applying for labor arbitration, and whether it has anything to do with academic qualifications.

Legal analysisWhen an employee joins the company, the company will generally ask the employee to fill out the employment registration form, which is the company's right. However, the establishment of the labor relationship does not start from the date of employment, such as submitting a resume, filling in the employment registration form, etc., so the falsification of academic qualifications will not affect the determination of the labor relationship. Secondly, the resume and employment registration form should be in accordance with the provisions of the employment contract, even if there is a falsehood, the employer must comply with the relevant laws if it wants to terminate the employment relationship.

When hiring employees, the employer may conduct a background check in accordance with the law to verify whether there are any discrepancies in the employee's information, and then decide whether to establish an employment relationship with the employee based on the results of the investigation. If an employee is hired without investigation, the employer should bear the legal consequences, and cannot later demand the termination of the employment relationship on the grounds that the employee did not truthfully register the relevant information or submit a false resume, or require the employee to bear the legal consequences of fraud. Employees are a vulnerable group, and the relevant laws have a certain degree of protection for their rights, and for the sake of protecting the vulnerable group, it will generally not affect the outcome of labor arbitration.

Legal basisArticle 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

If the other party catches on the issue, it will have a bit of an impact

It is recommended that you call 114 to inquire about labor law related consultations**, which is the most effective and correct in giving a complaint

If you use a forged academic certificate to make the company mistakenly believe that you meet the application conditions and sign an employment contract with you contrary to your true intentions, your behavior constitutes fraud and the employment contract signed by both parties is invalid.

It may be affected, but it depends on whether it can be found out and how the other party asserts it.

But you can get partial or full compensation anyway.

It depends on whether the company requires academic qualifications, and if the company does not have strict requirements, it will not affect the outcome of your arbitration.

There will be an impact, but it will not be decisive.

1. According to the provisions of the Arbitration Law, arbitration does not require a place of jurisdiction, therefore, the arbitration can arbitrarily choose a place of arbitration, you can choose, Wenzhou, Changsha, or any other place, 2. The arbitration must choose a only clear place of arbitration, which cannot be ambiguous, or two or more places of arbitration, otherwise the arbitration agreement is invalid.

No, arbitration can be conducted in a third place.

Arbitration jurisdiction in disputes depends on the arbitration agreement reached between the parties.

China's Arbitration Law stipulates as follows: "If a party adopts arbitration to resolve a dispute, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one of the parties applies for arbitration, the arbitration institution shall not accept it", and "the arbitration commission shall be selected by agreement of the parties".

In order to prove that the parties have agreed on arbitration, various arbitration institutions generally stipulate that the parties shall submit a written arbitration agreement when applying for arbitration, which may be in the form of a contractual arbitration clause or a separate arbitration agreement.

Not necessarily, as long as the two parties agree that there is a real arbitration institution in a certain place in China.

No, the arbitration institution can be agreed upon by both parties through negotiation.

Arbitration is a final award, and if an arbitration clause is agreed, you can only apply to the arbitration institution for arbitration, and cannot file a lawsuit with the people's court. It is not possible to stipulate both arbitration and court jurisdiction. You can negotiate and resolve the disputed terms, but if you do not reach an agreement, you can only file a lawsuit with a court of competent jurisdiction if you do not reach an agreement.

Your agreement is not an explicit arbitration agreement, it is an invalid jurisdiction agreement and cannot be arbitrated. If you are the plaintiff, you can choose the court of the plaintiff's residence, the defendant's residence, the place where the contract is signed, and the place where the contract is performed. If the other party sues first, they also have the option to go and you need to go and defend the lawsuit. The court's lawful trial is based on evidence and law.

Your agreement is invalid, and you cannot agree on both the Huizhou Arbitration Commission and the court, which is tantamount to not agreeing on arbitration.

The opposing landlord is right that both arbitration and court cannot be agreed upon in the clause.