-
If what you say is true and there is relevant evidence, the reasonableness and legality of the company's termination of the employment contract are questionable. Article 39 of the Labor Contract Law stipulates that an employer may terminate a labor contract if an employee 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.
The sixth item is that the employee can only terminate the labor contract if he or she is held criminally liable. Criminal detention is a criminal coercive measure, not a criminal liability. Now it depends on whether the police will drop the case against your friend because he should not be held criminally responsible, or change the coercive measures (such as residential surveillance).
In the case of revocation, the parties may apply to the labor dispute arbitration commission where the company is located for arbitration, demanding the continued performance of the labor contract, or claiming compensation (Article 48 of the Labor Contract Law: If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. )
-
If the contract is not signed, it should be refundable, and the full amount paid for the apartment bought, and the contract says that the office is refunded, so you can directly find the company of the apartment.
-
Legal analysis: Generally speaking, it is possible to check out after signing a pre-sale contract. The so-called pre-sale contract of commercial housing actually refers to the evidence of agreement between the pre-sale sales department of commercial housing and the pre-made purchaser, and the pre-sale seller transfers the completed finished housing right to the pre-purchaser within the agreed time of the pre-purchaser, and the pre-purchaser accepts the written agreement of the house according to the deposit given by the pre-seller, or part of the house payment and accepts the house within the time limit.
Although in general, it is.
Legal basis: Civil Code of the People's Republic of China
Article 119:Contracts established in accordance with law are legally binding on the parties.
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
-
Legal analysis: Generally speaking, it is possible to check out after signing a pre-sale contract. The so-called pre-sale contract of commercial housing actually refers to the evidence of agreement between the pre-sale sales department of commercial housing and the appointment to purchase hail auspicious party, and the pre-sale party transfers the completed finished housing right to the pre-purchaser within the agreed time of the pre-purchaser, and the pre-purchaser pays the deposit according to the pre-sale party and pays it in advance, or part of the house payment and accepts the written agreement of the house within the time limit.
Although in general, it is.
Legal basis: Civil Code of the People's Republic of China
Article 119:Contracts established in accordance with law are legally binding on the parties.
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
Article 577:Where one of the parties fails to perform the duties of the contract or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
-
Generally speaking, it is possible to check out after signing a pre-sale contract. The so-called pre-sale contract of commercial housing actually refers to the evidence of agreement between the pre-sale sales department of commercial housing and the pre-registered purchaser, and the pre-sale seller transfers the completed finished housing rights to the pre-purchaser within the agreed time of the pre-purchaser, and the pre-purchaser accepts the written agreement of the house according to the deposit given by the pre-seller, or part of the house payment and accepts the house within the time limit. Although in general, it is.
Civil Code of the People's Republic of China
Article 110 of the contract established in accordance with the law shall be legally binding on the parties.
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
1. The key is to see what is blank in other projects. If there is a blank salary, will you sign it? >>>More
As long as the parties can be judged from the content of the contract, the validity of the agreement will not be affected, not to mention, it can also be changed. If Party A stamps the seal of "Party A" and signs under the seal of Party A, but "Party B" does not sign and seal, in this case, the agreement has come into effect. >>>More
There is no legal requirement for contracts to be stamped. The Contract Law mentions that if the parties conclude a contract in writing in the process of concluding it, the contract will be deemed to be formed as long as both parties sign or affix their seals. In real life, we can see that many legally binding contracts do not have a seal or page number, which does not have much impact on the parties. >>>More
Xiaomi** goods to be shipped out of the warehouse can directly apply for a refund, according to the relevant regulations, the goods sold by the network Lingjingshan can be returned for 7 days without reason except for some fresh special goods. >>>More
First of all, you must refer to the provisions of the Contract Law to see whether the so-called contract has all the necessary clauses for your injury, if not, the contract is not established at all, and you will not be bound by this. The Labor Contract Law stipulates that an employment contract must have the following clauses: the name and address of the employer, the ID card of the legal representative or the main person in charge; The worker's name, address, and resident ID card or other valid identification number; the duration of the employment contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; Social insurance; protection against labor conditions, working conditions and occupational hazards; Other. >>>More