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Not exactly.
Chapter IV Working Hours, Rest and Vacation.
Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.
Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) New Year's Day; 2) Spring Festival;
3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations.
Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions of Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:
1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;
2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
Article 45 The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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Not necessarily, this depends on how many classes the unit has given you. In layman's terms, there is a problem with overtime. If you work 12 hours and work overtime for 12 hours, isn't it worse than the contract workers in the old society?!
According to the provisions of the Labor Law, due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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Yes, once you sign it, it means that you are voluntary, and there is nothing to say.
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Simple civil disputes.
If the lease contract does not stipulate a reason for quitting the lease, the lease can be rented until the end of the lease period. Unilateral termination of the contract is a breach of contract, and it is possible to demand continued performance of the contract, and if losses are caused, compensation for losses may be claimed.
If the landlord has no reason to check out and cannot be supported by the court, let him sue If he directly evicts the person, you can sue according to the above unilateral breach of contract handling method, and pay attention to saving the evidence such as the loss documents, which is the basis for future claims.
Hope it helps!
Supplement: The liquidated damages were agreed in the original contract, and if the contract is not agreed, then you can claim compensation for losses. The rent is to be returned, the loss of the goods is calculated according to what you can sell under normal circumstances, and the cost of going out, etc., not every penny can be counted as a loss, you can calculate it yourself, the loss part of the loss is to be proved by you, or that sentence, keep the bill.
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If the term of the lease agreed between you and the parties in the lease agreement has not expired and the conditions for terminating the contract are not met, the landlord has no right to ask you to move out, and his behavior is a breach of contract.
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Since the contract mentions that the landlord is not allowed to move out for any reason during the contract period, what are you worried about? Although said"Check-out is not allowed for any reason"This is not legally recognized, but you really don't have a reason to ask your landlord to move you out.
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Whether or not you have the right to terminate the contract depends on the contract. If there is no agreement in the contract, the landlord has no right to terminate the agreement.
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Hello, to the problem you described, the lawyer replied as follows:
Refer to the rental contract. Blessing!
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1. What you enter into with Party A is an intermediary contract, which means that the intermediary provides the client with the opportunity to conclude the contract and media services, and the service is completed and the remuneration is obtained. The remuneration of the intermediary contract shall be paid in accordance with the agreement if there is an agreement. Accordingly, you have agreed on the remuneration method, which is in line with the law and there is no problem, as for reaching 20%, because it is agreed by both parties, there is no clear restriction in the law, that is, it is valid, after all, there is a risk!
2. You say that "Party A's house has not yet applied for the real estate certificate, and its property rights still have a bank mortgage", I have a different view on this, since the bank has handled the mortgage loan (such as mortgage), then it means that the house has handled the property right certificate, but Party A has not yet arrived, but Party A should have other warrants for the house, so the house has been legally registered as Party A's name, Party A is the legal owner of the house, but the house has set up a mortgage claim.
3. Back to your question, because of the difference in the above views, I suggest that you need to verify the mortgage procedures of Party A, if consistent with my opinion, the intermediary contract is legal and valid, but in the contract you should indicate that Party A's commitment to perform the obligation of the loan has nothing to do with the performance of this contract, and at the same time, it should also be agreed that the contract cannot perform the liability for breach of contract that Party A should bear. If I disagree, I can't figure it out, the purchase contract is a creditor's right, and the creditor's right cannot be mortgaged by the bank, so there should be no such possibility.
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Of course, it is not invalid, he lives with his father, and you have reason to believe that he has the right to dispose of the property that he and his father have in common, so his act of buying and selling the house is a civil law appearance** in this case.
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If it was really your uncle who stole it, it was suspected of embezzlement. You need to go to court on your own and provide sufficient evidence that the crime of embezzlement is a criminal offense and can be attached to the criminal offense to claim reimbursement from your uncle for your financial losses. This type of private prosecution case is a criminal offense, that is, a case of "no prosecution and no reason".
Whether it was your uncle who stole it or not, you can report it, and the police believe that it was not your uncle who stole it, and if you file a case, it will be a theft. **If you think that your uncle stole it, you may not file a case and let you go to the court to prosecute yourself.
You can't doubt it, you have to prove it. I suggest that you secretly bring a voice recorder, talk to your uncle, tell him about the relationship, and tell him that if he really doesn't help deal with it, you can only call the police.
When you say it, make it clear that "I have a batch of more than 200,000 cotton yarn at home, and I temporarily sent it at my uncle's house at that time", otherwise, after calling the police, he will not admit that there is so much cotton yarn.
It is indispensable to take advantage of people's hearts, and it is indispensable to prevent people's hearts. Keep an eye out and call the police.
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Suspected of embezzlement. The crime is a private prosecution case, and a lawsuit shall be filed in the court to demand restitution.
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What a hassle! ~~
So much cotton yarn, why throw it away at someone's house?
If you say goodbye, there is one less relative!
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1. The worker died in the factory due to heat stroke while working in the factory, and the factory bears full fault responsibility for her accidental death during working hours and places. The factory and she did not sign a contract and could not say anything.
2. The cost of compensation must be constant according to the local situation, depending on the woman's household registration is urban or rural, and the death compensation generally includes funeral expenses, death compensation, and the necessary living expenses for the deceased who actually raised him before his death and has no other life. Funeral expenses generally include the cost of transporting the body, cremation, ordinary urns and urn storage; Death compensation, calculated according to the average living expenses of local residents, for 20 years; Where the deceased's children are under the age of 18, the necessary maintenance shall be paid until the age of 18, and the deceased's parents shall be raised for 20 years, but if the age is over 60 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years, and so on.
3. In addition, the deceased must bear the necessary rescue expenses and medical expenses.
The above is the scope of reasonable compensation specified in accordance with the current interpretation of maximum personal damage, for your reference.
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Death compensation of 40-600,000 yuan. The other is the funeral expenses and the living expenses of the deceased's dependents. If you have children, you will pay maintenance until they reach the age of majority.
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It doesn't matter how the female worker is forcibly supported or has a contract. She died in the workplace of this factory, and according to the law, the factory is legally responsible. Heat stroke shows that the working environment in the factory is not good, the ventilation and cooling are not good, although your uncle's factory has also taken positive measures, but now it is not good to say anything.
Reparations are inevitable. Negotiate well with the family, and the amount is about three or four hundred thousand is possible. If it's negotiated.
Children are not entitled to a pension because there is no employment contract between the parties.
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The compensation for work-related death can be up to 600,000.
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