Question: What benefits will an employee with a level 10 work-related injury receive if the labor contract is terminated?
Lawyers answer questions: According to the "Regulations on Work-related Injury Insurance", those with level 10 disabilities will enjoy a one-time disability subsidy of benefits and 7 months' salary; a one-time work-related injury medical subsidy, a one-time injury subsidy Disability Employment Grant.
Lawyers believe that the specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies are stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Hubei Province stipulates that the employer shall pay the one-time work-related injury medical subsidy for 8 months’ average wages and the one-time disability employment subsidy for 8 months’ average wages.
Is the compensation of 25,000 yuan necessary?
Q: Ms. He and her ex-husband agreed to divorce, but his ex-husband failed to pay her 500,000 yuan in compensation according to the divorce agreement. what do I do?
Lawyer Q&A: It is recommended that you file a lawsuit with your ex-husband in the grassroots court based on the divorce agreement filed with the marriage registration department.
Lawyers believe that agreements must be abided by and rights must be safeguarded as early as possible.
3. Is the father obliged to pay for his daughter’s graduate school education?
Q: My daughter was raised by my ex-wife. Now my daughter is earning 30,000 yuan for graduate school. My ex-wife wants me to pay. Do I have this obligation?
Lawyer’s Q&A: According to the law, parents are responsible for their children who are still receiving high school education or below, or for adult children who are unable to maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability. Support obligations. It shows that you are not obligated to pay for your daughter’s graduate school education.
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Lawyers believe that the relationship between parents and children will not change due to divorce. If the father has money, voluntary assistance is a good option.
4. House sales lead?
Q: Ms. Wang said that she purchased a second-hand house in 2012, paid the full payment, and agreed to repay the bank loan on her behalf. At that time, because the house still had an outstanding bank mortgage loan, the house transfer procedures were not completed. In March this year, Ms. Wang discovered that her house had been sealed by the People's Court. It is understood that Wu was sued because he owed money to others. Ask what to do?
Lawyer’s answer: Ms. Wang purchased the property in good faith and paid a reasonable price. It has been decorated and moved in. Although the transfer procedures have not been completed, according to the preemption principle of the Property Law, the house should be owned by Ms. Wang, and the woman filed an objection to the preservation with the court.
Lawyers believe that the principle of registration is the basis for housing transactions. Generally speaking, the transfer time should be registered by the competent authority. However, the promulgation of the Property Rights Law broke this principle, because property rights are marked by possession.
5. What is the division of responsibilities for accidental injuries on campus?
Question: Teacher Hou said that his son was in the third grade and other students were injured in a fight with the sports students during afternoon training. How to divide responsibilities?
Lawyer’s Q&A: According to the "Measures for the Handling of Accidental Injuries to Students" issued by the Ministry of Education, students who are accidentally injured on campus are caused by the fault of the school, students or other relevant parties, and they shall bear their respective responsibilities. responsibility. Mr. Hou's son and the classmates who were fighting should bear the primary responsibility. Because the leading teacher failed to stop the students' dangerous actions in time, the school should bear the secondary responsibility.
The lawyer believes that teenagers are at a lively and active age, and schools and seniors should strengthen safety education to avoid accidental injuries on campus as much as possible.
6. How to protect the rights and interests of small and medium-sized shareholders of limited liability companies?
Q: Mr. Wang said that he and his brother-in-law opened a company and it has been making profits, but there has been no dividends and no wages. Ask how to do it?
Lawyer’s answer: Two different legal issues. 1. If you are owed wages, you can apply for arbitration to the labor arbitration department. 2. No dividends: According to the company law, when the company has made profits for five consecutive years and does not distribute dividends, small shareholders can ask major shareholders to redeem their equity.
Lawyers believe that the new company law focuses on strengthening the protection of the rights and interests of small shareholders because it often happened in the past that large shareholders used their advantages in capital and voting rights to infringe on the rights and interests of small shareholders.
7. If an employee encounters a traffic accident while going out during working hours, is it considered a work-related injury?
Q: An employee of my unit was injured in a traffic accident while riding a motorcycle during work hours. After recovery, the employee said he was out.
In order to correct the missing content of the electronic screen advertisement on the bus, a traffic accident occurred on the way to the bus company. Since we have objections to the alleged cause, our company believes that it is not a work-related injury. Is our handling correct?
Lawyer’s Q&A: If it is confirmed that your company did not assign the employee to contact and correct the missing advertising content, and his outing has nothing to do with the company’s work, then your company’s handling is correct.
The lawyer believes that if you go out during working hours for the benefit of the company or are assigned by the company to work outside, and are injured in a traffic accident, it is a work-related injury, otherwise it does not meet the conditions for work-related injury recognition.
8. Can houses without a land acquisition compensation agreement be forcibly demolished?
Q: The area around my farmhouse is listed as a government land acquisition area, and I signed a land acquisition compensation agreement with the government. I am not satisfied with the compensation standard and do not agree with the demolition. Am I doing it right?
Lawyer’s answer: After signing the land acquisition compensation agreement, both parties must strictly implement it. What you did is wrong.
The lawyer believes that land acquisition compensation shall not be used for demolition compensation. Under the land acquisition model, the state is the holder of land acquisition rights. After the land acquisition compensation agreement is signed, the ownership of the house has been transferred to the state and you are no longer the original owner of the house. Therefore, if demolition is stopped upon expiration, the state can stop forced demolition.
9. If the debtor transfers assets, what should the creditor do?
Question: When a company defaulted on my payment, it invested its good assets into another company in the name of restructuring, while the debt remained with the original company and sent people to stay behind to deal with the debt. what do I do?
Lawyer’s Q&A: By freezing or auctioning the company’s equity in the investment company in accordance with the law, you can realize your own claims.
The lawyer believes that if a company establishes a new company by transferring assets, the newly established company shall be responsible for the debts of the original company within the scope of the assets received; if the company invests in another company in the form of equity capital, A company's equity in another company can be used as an asset to satisfy a debt.
10. After divorce, are you responsible for repaying the loans taken during the marriage?
Q: I was divorced by the court in July 2014. The judgment divided my family and property. In August, my ex-husband and I were listed as co-defendants and were required to repay my ex-husband’s loans during the marriage. Am I responsible for repayments?
Lawyer’s answer: Loans borrowed by one spouse during the marriage are generally regarded as joint debts of the family. If there is no evidence that the loan is your ex-husband’s personal loan and is not used for family living together, you should still be responsible for repayment.
The lawyer believes that: in the absence of contrary evidence, loans made by one spouse during the marriage are generally regarded as the same debt. In divorce proceedings, while dividing property * * *, we should also pay attention to the division of * * * and debts.
11. I am not the actual borrower, but I signed the IOU. Should I take responsibility?
Question: When my friend borrowed money from others, because he did not have an ID card, he used my ID card and I signed the IOU. Now my friend has no money to repay. I was asked to repay the loan and interest, but I didn’t take it. Should I take responsibility?
Lawyer’s answer: Although your friend borrowed money from others and received the money, the act of signing the IOU should be regarded as a lending relationship between you and the other party. Whether you possess or use the loan funds does not affect the establishment of the loan relationship between you and the other party. Therefore, you are responsible for repayment.
Lawyers believe that in our daily lives, we often encounter situations where we borrow ID cards and sign IOUs and other documents for others, which leads to disputes. When using your ID card, try to avoid giving the original to others. When providing a copy, you should indicate the purpose of the copy, and do not sign other people's IOUs, IOUs and other documents at will.