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If there is any inconsistency between the provisions of the 06 law and the provisions of the 03 law, the 03 law cannot be applied to the act of 03 according to the principle of "the law does not apply retroactively".
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The principle of the application of the Criminal Law in the old law and the new law is to "treat the old with lightness".
The statement "acts causing damage" is inappropriate.
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The judgment can only be made in light of the specific facts of the case.
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The time for which criminal law applies is based on the termination of the act.
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Hello: According to Article 14 of the Labor Contract Law, you can apply to the employer to renew the contract with an indefinite term.
Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years; )
According to Article 47 of the Labor Contract Law, if the employment contract is terminated with the employer due to reasons other than you, you shall receive 10 months of economic compensation.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. )
Hope the answer is helpful to you.
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If the employee has worked for the employer for 10 consecutive years, he may request to conclude an indefinite labor contract.
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What are the requirements? Is it financially compensated? The financial compensation is:
You will be compensated with one month's salary for every full year] You will be given more than ten months' salary for more than ten years. For example, if you have worked for thirteen years and seven months, those seven months will also be compensated to you [more than six months will be counted as one year, and less than six months will be counted as half a month] will be calculated according to your average monthly salary before.
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The employer may be required to sign an indefinite-term employment contract.
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There is no legal basis for the claims of the industrial and commercial authorities, and they have no right to punish.
Even if it is a real violation, the power to punish should be in the People's Bank of China.
If you are not satisfied with the penalty decision of industry and commerce, you can apply for reconsideration; If you are still not satisfied, you can file an administrative lawsuit.
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Jack-of-all-trades, as long as it's not technical, you can do anything.
Some people have taken the civil service examination, and there are public security and law systems, and there are also ** departments.
Some people went to the bank, and in the first two years, the bank recruited a lot of people.
Some people go to the company to do business, and some people become lawyers.
Some people stay in school to teach, and some go to the sea to do business.
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Since the implementation of the Labor Law of the People's Republic of China in 1995, there has been no change. On January 1, 2008, the Labor Contract Law of the People's Republic of China came into effect, and some conflicting provisions of the original Labor Law and the Labor Contract Law were repealed.
In the event of a labor dispute due to a work-related injury, the first person should apply to the labor dispute arbitration commission for labor arbitration, and cannot directly file a lawsuit with the people's court. Taking a step back, even if a lawsuit is filed directly with the people's court on the grounds of personal accident, the court will not accept it on the grounds that the statute of limitations has expired, which is a legal provision that cannot be changed because the respondent declares that the statute of limitations has waived the statute of limitations.
1. Two surgeries are required to write the diagnosis in the hospital, which cannot be used as legal evidence; The calculation of the actual cost is subject to the actual incurre;
2. The overtime pay needs to be proved by the employee, who can prove how long the overtime work can be claimed in accordance with the provisions of the Labor Law;
3. You can enjoy economic compensation equivalent to 3 months' salary;
4. If the court accepts the case, it should also be handled in accordance with the provisions of the Labor Law, and cannot be handled in accordance with the provisions of the Labor Contract Law, on the grounds that the law does not have retroactive effect.
The issue you mentioned has exceeded the statutory statute of limitations, and your arbitration request will not be accepted by the Labor Dispute Arbitration Commission.
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Of course, it is possible to have a criminal case attached to a civil lawsuit...
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A civil lawsuit attached to a criminal case may be filed.
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100% can be accompanied by civil lawsuits. Unless the case is a private prosecution. If the public security organs have intervened, then it should be a public prosecution case. Has the other party been criminally detained?
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