Netizens who know the law come in and give a suggestion

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

    Judging from your statement, it is obvious that the company will fail to meet the standard of the salesman's 1000 yuan as a bonus for the standard, then you first need to judge the ** of 1000 yuan, if it is paid by your salesman rather than deducted from your theoretical performance bonus, then the collection of this money violates the law that employees are not allowed to collect property (the above answer has been detailed, I will not be verbose), this point you can complain to the labor inspection brigade of the labor department to solve. However, if the bonus** is different from other methods, then it needs to be analyzed and judged in detail.

    Secondly, if the company organizes the gambling of these funds, this practice is a little suspicious of organizing gambling, but this nature is indeed difficult to determine, and the key is that the company does not have any formal benefits, although this practice indirectly promotes the expansion of the business. However, it is still possible to request a refund of this amount if the labor department intervenes in the investigation. As for the actual payment of employees' wages, there is no payroll, but there should be no obstacle for each person to sign the payroll and the payroll standard if any.

    The only thing that needs to be determined is, who will report it? Because this person may not be able to continue working in the company.

  2. Anonymous users2024-02-11

    1. The act of collecting a "deposit" violates Article 9 of the Labor Contract Law: When an employer recruits a worker, it shall not seize the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

    Article 84 stipulates that if an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

    If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

    Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

    2. The issue of wages is a debt of civil disputes, and wages shall be stipulated in the labor contract. You can first arbitrate the labor dispute, and then civil litigation will recover it.

  3. Anonymous users2024-02-10

    It depends on the cause of the incident.

    Which side started the fight first, and who made the mistake.

    If the opponent hits first, do you fight back?

    If there is a counterattack, it is not out of self-defense.

    Finally, according to the situation of the medical report, the circumstances are not serious.

    If you hurt someone, mediation is generally recommended if you are fine.

    To put it simply, the law says yes.

    1. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release;

    2. Whoever intentionally injures the body of another person, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;

    The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person. In judicial practice, attention should be paid to the following issues in the determination and punishment of this crime: 1. The perpetrator's illegal and intentional conduct that harms the physical health of others is the key to constituting this crime.

    In this regard, the following two points should be noted: (1) The illegality of the injurious act is a prerequisite for the establishment of this crime. If the act of harm is lawful, such as causing certain harm in the course of legitimate defense or emergency avoidance, it does not constitute a crime; (2) The intentional injury of this crime must be the physical health of another person.

    For example, if a soldier injures himself in wartime to escape military duty, he shall be punished as the crime of self-injury in wartime in accordance with the provisions of Article 434 of the Criminal Law.

  4. Anonymous users2024-02-09

    Seven against one, the nature is very bad.

  5. Anonymous users2024-02-08

    Intentional wounding resulting in minor injuries does not constitute a criminal offence. According to the hospital report, your injuries are not serious, that is, the extent of the injuries are minor (but it depends on the results of the judicial evaluation), and it is difficult to hold the person who beat you criminally responsible.

    The above are legal issues, and the following are some common sense suggestions for you: 1. There are thousands of cases of your situation every day, and you have to think about it yourself; Second, since the other party agrees to be private, you accept it, and take the money to buy medicine to recuperate from your injuries; 3. The next time seven people beat you up, unless you have practiced, you will be on top.

  6. Anonymous users2024-02-07

    No, the fight is only a violation of the "Public Security Administration Punishment Regulations", and if it does not cause serious injury, it will not be investigated for criminal responsibility. The detention is a few days at most, so in general, the police also want the two sides to negotiate a settlement, so it is a good idea to go private.

  7. Anonymous users2024-02-06

    According to the law, this benevolent brother has no right to do this. He can only call the police and provide materials. He is breaking the law by doing so. However, the judge will also find a way to protect him from legal sanctions. That's probably it, for example, in the West, a thief comes to your house to steal something, and you don't have the right to arrest him. Catching thieves is the business of the police. You can only ask him to drop his things down and leave or call the police. The thief usually walks away. If you arrest him, you're breaking the law.

  8. Anonymous users2024-02-05

    Contribution and merit do not mean that he can kill people for the purpose of saving people. The decision on the offender's right to life is subject to a judicial process.

  9. Anonymous users2024-02-04

    Since he has so much ability, the ending should not be to surrender. He killed many, many people. It's impossible in China!

  10. Anonymous users2024-02-03

    1. Whether such a lending relationship really exists, very critical! Your father knows this best;

    2. The statute of limitations for the loan relationship is 2 yearsHow does this time start?

    The loan will be calculated from the second day of the agreed repayment date. If there is no agreed date for repayment, the lender may request repayment from the borrower at any time, but the borrower should be given the necessary time to prepare.

    3. It is also important to have a time agreement on the IOU!

    If so, it is necessary to see when the original lender died, if it expired long before the death, and more than 2 years, then the statute of limitations has passed.

    If it does not expire before death, the court should find out why the heirs did not claim their rights in time. If there is no statutory reason for interruption, then the validity period will be exceeded.

    4. If there is no agreed repayment timeThen it is also possible for the heir to claim the right now! At that time, it did not work.

    5. As for your father's loans, whether they are used for family lifeIt's up to your father to prove this! It is also subject to a court review of whether it is true. If it is for the father's personal use, it is the father's personal debt!

    In the absence of strong evidence, it is generally presumed to be a joint household debt.

    6. In addition, according to what you said, how can there be a guarantor? Was it a guarantee for your father's original loan?

    This person is also crucial, and he can prove that it is true!

    In this case, your father is a defendant who must appear in court, because the case cannot be clarified because he is not present. According to the practice of judicial practice, if your father does not appear in court, your mother can apply for an adjournment of the trial. The court shall grant it.

    Of course, your mother can appear in court and explain her claims: 1. I don't know; 2. Question the authenticity of the IOU; 3. Denying the existence of a real lending relationship;

    In other cases, because I don't know it, it's hard to judge now, so I can only provide the above opinions.

    Suggestion: The target of 150,000 yuan is not small, and it is best to consult your local lawyer.

    There are two key points in this case: 1. the authenticity of the IOU; 2. Statute of limitations.

    What is the real situation, your father knows best! Remember: internal unity is the only way to agree externally.

  11. Anonymous users2024-02-02

    Your dad has to go to court.

    Whether the IOU is genuine.

    Fake can't be real. Rest assured.

  12. Anonymous users2024-02-01

    When you mentioned home, you should know how to live at home and how to deal with family affairs, of course, you can ask older people, it is a fact that the state has not publicly abolished, and no law will confront the facts. Don't ignore the family and tout personal thoughts.

  13. Anonymous users2024-01-31

    1. After remarriage, do you have the obligation to support the other party's children?

    After remarriage, there is an obligation to raise the other party's children.

    According to the Marriage Act:

    Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

    If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

    In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

    Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.

    Article 27: There must be no abuse or discrimination between stepparents and stepchildren.

    The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

    On the issue of change of custody: If one of the following four conditions is met, one of the parents may file a request for change of custody with the court.

    1.The parent living with the child is unable to continue to raise the child due to serious illness or disability.

    2.The party living with the child does not fulfill the obligation to support the child or has abusive behavior, or the party living with the child has an adverse impact on the child's physical and mental health.

    3.Minor children over the age of 10 who are willing to live with the other parent.

    4.There are other legitimate reasons that need to be changed.

    2. What are the maintenance obligations of children?

    The supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Dependents refer to the children of the elderly and other persons who are legally responsible. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

    The caregiver shall provide medical expenses and nursing care for the sick elderly. The supporter must not refuse to perform the maintenance obligation on the grounds of waiver or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance.

    The caregiver shall not require the elderly to undertake work beyond their means.

    The supporter shall make proper arrangements for the housing of the elderly, and shall not force the elderly to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the housing owned by the elderly.

    The supporter is obliged to cultivate the fields contracted by the elderly, take care of the elderly's forests and livestock, etc., and the proceeds belong to the elderly.

    Older persons and their spouses have an obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister reaches adulthood and is able to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.

    Dependents may enter into an agreement between themselves on the performance of their maintenance obligations and obtain the consent of the elderly. The residents' committee, villagers' committee, or the organization to which the supporter belongs supervises the performance of the agreement. The maintenance obligation of the supporter is not eliminated by changes in the elderly.

    Inheritance can be specified, that is, a will is sufficient.

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