Is it a crime to work in a unit without any business license without knowing it?

Updated on society 2024-07-13
3 answers
  1. Anonymous users2024-02-12

    The operation of a unit without a license is generally an administrative violation and does not constitute a crime. The administrative department for industry and commerce shall give administrative punishment in accordance with law. Naturally, it is not a crime to work in a unit that operates without a license. Unless there are special circumstances provided for in the Criminal Code.

    Measures for the Investigation and Punishment of Unlicensed Operations".

    Article 14. For unlicensed business activities, the administrative department for industry and commerce shall ban them in accordance with the law and confiscate the illegal gains; Where the criminal law is violated, criminal responsibility shall be pursued in accordance with the provisions of the Criminal Law on the crime of illegal business operation, the crime of major liability accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; where it is not sufficient for criminal punishment, a fine of up to 20,000 yuan is to be imposed; where the scale of unlicensed business activities is relatively large and the harm to society is serious, a fine of between 20,000 and 200,000 RMB is to be imposed; Where unlicensed business activities endanger human health, have major potential safety hazards, threaten public safety, or damage environmental resources, the tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business operations shall be confiscated, and a fine of between 50,000 and 500,000 RMB shall be imposed.

    Where laws and regulations provide otherwise for the punishment of unlicensed business operations, follow those provisions.

  2. Anonymous users2024-02-11

    If the employer does not have a business license, it is illegal to establish a labor relationship with the employee, and the worker can file a complaint with the industrial and commercial bureau where the employer is located, or apply for labor arbitration at the labor dispute arbitration commission where the employer is located.

  3. Anonymous users2024-02-10

    Legal analysis: A business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity. The format shall be uniformly prescribed by the State Administration for Industry and Commerce.

    The registration items are: name, address, person in charge, amount of funds, economic components, business scope, business mode, number of employees, business period, etc. The business license is divided into original and copy, both of which have the same legal effect.

    The original shall be placed in a conspicuous position in the company's domicile or place of business, and the business license shall not be forged, altered, leased, lent or transferred. Industrial and commercial enterprises or self-employed enterprises without a business license are not allowed to open a business, and they are not allowed to engrave official seals, sign contracts, register trademarks, or advertise, and banks are not allowed to open accounts.

    Legal basis: Article 30 of the "Interim Provisions on Land Asset Management of Joint-stock Pilot Enterprises" joint-stock enterprises that use the land of collective enterprises must hold the approval documents of the competent department responsible for the examination and approval of the establishment of joint-stock enterprises, and with the approval of the people at or above the county level, they shall be requisitioned by the state in accordance with the provisions of the national construction requisition of land, and shall be transferred to joint-stock enterprises in accordance with the law, and shall be leased or invested by the state. The land use right shall be assessed by the land management department of the people's ** at or above the county level, and shall be submitted to the people's ** at or above the county level for review and approval as the amount of land assets approved.

    Shareholders who contribute capital with land use rights must hold a new state-owned land use certificate issued by the Ministry of Land Management. After the establishment of the company, the shareholders will hand over the state-owned land use certificate to the company, and the company will apply to the local people's land management department for changing the land registration.

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