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This person doesn't think you should give money, and you have already given a part of the deposit.
If there is no problem with the materials you provide, if you are not responsible, you should not need to give them a penny, they are still delaying your business, you can not use the house you decorate on time, this has also caused a certain impact on you, so it is unreasonable for them to ask for money, they take that part of the deposit and steal it away, if it is serious, you can let them compensate you!
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I wonder if you have a contract with the workers beforehand? If the contract is signed. It was the workers who did it for five days and then they decided not to do it. It is a breach of contract. This five-day salary should not be given to them.
You should follow the contract, if there is no contract. You can argue with reason. Because the workers agreed to do the work, but after only five days, they gave up on the work, and then you used a lot of time, wasted a lot of days, and went back to find someone else to continue the work.
Time itself is money, and you have already wasted a lot of money for this time, so it is the other party who voluntarily gives up and does not continue to work. There is no reason to ask for a few more days' wages.
If they are not satisfied, they can go to labor arbitration. Labor arbitration will not support them, and they are the party who voluntarily waives the automatic repudiation.
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This should be signed between the two parties before you renovate. Contract. on quality.
Duration. and so on. and the liability for breach of contract.
Strict gaze. If others disturb your quality requirements in the decoration, it is just that you have temporarily changed the decoration plan, or improved the quality of the decoration, requirements. When someone else has completed a part of the renovation task with only a part of the installation, the decoration has been stopped.
It's yours. Real person, I thought you had to talk to someone else when you were around. Pay for the renovation.
Of course, if it's the other party. The quality is strict, not too bad. Resulting in rework or wasted material.
This can be done according to the contract. Hold him accountable for breach of contract.
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You say that things are too wordy, and you should do it according to the contract or the first agreement between the two parties.
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If it were me, I wouldn't give it, and even if I did, I could only give a small part, and I would give him some hard work.
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Sometimes it's really not deliberately in arrears, it's that the workers don't deserve pity at all, they won't do it, no, it's just to be clever enough to ask for more money.
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Legal Analysis:
When a dispute over consumer rights and interests arises between a consumer and a business operator, it can be resolved through the following channels: 1. Negotiate with the decoration company 2. The owner requests the consumer association to mediate 3. Appeal to the relevant administrative department 4. Submit to the arbitration institution for arbitration according to the arbitration agreement reached with the decoration company 5. File a lawsuit with the people's court. However, it should be noted that, under normal circumstances, if arbitration is filed, no further litigation may be brought in court.
Decoration does not give money to demolish things to commit a crime depends on the loss to the homeowner, generally do not give money can not be demolished to solve, this behavior can be negotiated by both parties, negotiation can not be solved by means of litigation, owes workers wages will make the homeowner pay the price. If there is any arrears in the decoration payment project, the first can be filed with the arbitration authority to request the payment of the decoration payment, but the arbitration takes a long time. If the problem is solved, a lawsuit can be filed directly with the court to ask the court to enforce it.
Legal basis: Civil Code of the People's Republic of China Article 565 Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
Derivative question: What should I pay attention to in decoration?
1. The design layout should be reasonable: design is the first step in the beginning of decoration, first of all, the plane layout should be reasonable and suitable for your own living habits; Don't follow the trend. 2. Attention should be paid to hydropower materials and construction technology
The materials of hydropower cannot be saved, and you must not buy wires that do not meet the national standard or use smaller wires in order to save money. 3. Waterproofing can not be saved: generally waterproofing is done in the bathroom, but the kitchen and balcony are still recommended to do, waterproof is to make yourself worry-free, more than less to do better.
4. The flue should be packaged: this is a construction detail, the flue left by the developer is generally sealed with plates, and it is best to build a layer of red bricks on the outside so that it can not only insulate the heat but also fix the wall cabinet with nails on it. 5. The anti-cracking treatment of the wall should be in place
If there is a newly built wall or a wall with grooves, be sure to use anti-crack wall cloth, kraft paper, etc. to prevent cracking. 6. The latex paint process can not be urgent: the construction of latex paint is the most urgent process, if it is winter or rainy day, then the putty will dry slowly, if it does not dry thoroughly, the next process will lead to the appearance of latex paint cracking, peeling and other phenomena in the later stage.
7. The second topcoat of colored paint and other furniture should be brushed after entering the site: you must pay attention when installing and entering the furniture, in order to avoid traces, you can leave the second topcoat at the end of the brush.
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Legal analysis: specific analysis of specific issues, if the responsibility for the delay is not confirmed when the contract is signed, and the two parties cannot compromise, they can find the consumer association or the decoration industry association to complain.
Legal basis: Article 11 of the Labor Contract Law of the People's Republic of China If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standard stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
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Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation.
The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
1. How many days of arrears of wages is illegal.
1. It is illegal to pay wages for 30 days, because according to the Labor Law of the People's Republic of China, the payment method of wages is paid monthly, and if the employer does not pay on a monthly basis, it is illegal; The monthly salary includes the basic salary of the worker and the other commissions due to him/her.
2. The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
3. Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
2. Provisions on compensation for arrears of wages for more than three months.
1. If the employer is in arrears of wages, it shall pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.
2. In addition, the employee may apply for labor arbitration to request the employer to pay economic compensation.
3. Dissolving or terminating the labor contract without paying economic compensation to the employee in accordance with these Regulations.
Legal basisArticle 85 of the Labor Contract Law of the People's Republic of China Where an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Do the math how much it will cost you to renovate your home
1. You can sort out the relevant evidence, such as bank transfer receipts, arrears IOUs, paper documents signed on the construction site, bills, labor contracts, etc., and then find relevant departments to help solve them.
2. If you find the decoration company many times, and the decoration company does not give money, then you can file a lawsuit with the court within 2 years of the statutory statute of limitations, if it is more than 2 years, the court may not support the employee's claim.
3. If the decoration company does not reply to the text message, does not answer the phone when it is turned off, or runs away to play missing, the worker can sue according to law, which can interrupt the statute of limitations, and the court can also make a default judgment according to the actual situation.
4. You can find valuable property clues of the decoration company, and then apply for property preservation in a timely manner, but there will be a limit to the scope of preservation, which is limited to the scope of the request or the property related to the case. In addition, such preservation measures are limited to sealing, seizure, or other means prescribed by law, and the person to whom the property is preserved should be notified immediately after the preservation.
5. Find labor arbitration to deal with it, since the labor arbitration award takes effect, if the decoration company does not enforce it, then the worker can apply to the court to compel the decoration company to enforce the treatment.
Enter the area and get the decoration for free**].
Enter the area and get the decoration for free**].
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If the negotiation fails, you can collect evidence, go to the labor inspection department to complain, or apply for labor arbitration.
Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.
Labor dispute arbitration not only has some common characteristics of the arbitration system, but also has its own particularities.
The Labor and Personnel Dispute Arbitration Commission is a specialized institution authorized by the state to independently handle labor disputes in accordance with the law. The Labor and Personnel Dispute Arbitration Commission shall be established in accordance with the principles of overall planning, rational layout and adaptation to actual needs. The people of provinces and autonomous regions may decide to establish them in cities and counties, and the people of municipalities directly under the Central Government may decide to establish them in districts and counties.
Municipalities directly under the Central Government and cities divided into districts may also establish one or more arbitration commissions for labor and personnel disputes. If the labor and personnel dispute arbitration commission is not established at each level according to the administrative division, and the city needs to establish an arbitration commission, it shall be determined by the people of the province, autonomous region and municipality directly under the Central Government. There is no administrative subordination between arbitration commissions at all levels, and they independently arbitrate labor dispute cases within their respective administrative areas, and they are responsible for and report to the people at the same level.
The statute of limitations for labor dispute arbitration refers to the system whereby an employee and an employer do not apply to a labor dispute arbitration institution for arbitration within the statutory time limit, they will lose the right to request the labor dispute arbitration institution to protect the realization of their rights. The statute of limitations for arbitration is the period of validity of the procedural right of the parties to request the settlement of labor disputes through arbitration, so it is of great significance.
Labor Contract Law of the People's Republic of China
Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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Hello, in the case of wage arrears by the employer, the employee should first negotiate with the employer, and if the negotiation cannot be resolved, the employee can solve the problem through the following legal channels: (1) complain and report to the local labor and social security supervision agency; (2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute; (3) Resolve through litigation. This is divided into three cases:
First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court; Second, if the employer does not enforce the labor arbitration award after the labor arbitration award takes effect, the employee may apply to the court for compulsory enforcement; Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.
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