How do individual industrial and commercial households list litigants?

Individual industrial and commercial households can hire workers as employers, but individual industrial and commercial households are not legal entities, and the owners or investors of such employers need to bear unlimited liability. When there is a labor dispute between workers and individual industrial and commercial households, do you regard the boss as the defendant or the defendant?

The first method:

Take the name of individual industrial and commercial households as the party, and indicate that the operator is XXX. The main reason is that because the Labor Law and the Labor Contract Law only stipulate that enterprises, private non-enterprise units and individual industrial and commercial households are employers and have the qualification of employment subject, but the operators of individual industrial and commercial households do not have the qualification of employment subject according to law, so they are not parties. The basis is Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II). In a labor dispute lawsuit between a laborer and an individual industrial and commercial household with a shop name, the people's court shall take the shop name registered in the business license as the party, but at the same time, it shall indicate the natural situation of the owner of the shop name.

The second method:

According to the provisions of Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II), the people's court shall take the name registered in the business license as the party to the labor dispute lawsuit between the laborer and the individual industrial and commercial household with the name, but it shall also indicate the natural situation of the owner of the name. Where the registered owner is inconsistent with the actual operator, the name and the actual operator shall be listed as the same party.

The main reason for indicating the owner's natural situation is that in real life, a considerable number of owners registered in the business license of individual industrial and commercial households with shop names either subcontract or lease their industries to others for business use, or change their shop names to avoid debts and legal responsibilities. Therefore, it may be difficult to determine the actual subject of labor legal liability only by taking a single store name as the party. Therefore, the natural situation of the owner should be indicated when determining the parties.

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Cite the law

[1] People's Republic of China (PRC) civil procedure law (20 1 ...

Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If there is any infringement, please contact and delete it through the feedback channel. The above provisions refer to the Civil Code.

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How to confirm the litigation subject of individual industrial and commercial households

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Provide legal commodity sources, such as purchase orders, payment records, etc. It proves that the goods were purchased through formal channels and can be exempted from liability for compensation.

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This is a dispute between equal subjects, and a civil lawsuit should be filed.

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Three friends cooperated to open a shop, individual industrial and commercial households and legal persons were my friends, and they were in a state of loss for half a year. Because of my different business philosophy, I want to quit. My boyfriend and girlfriend don't agree with me. No agreement was reached. I only verbally promised to pay 30% of the money, take 30 shares and pay every month. Never made a profit, and basically invested every month. I think there is no hope for the store to stop the loss in time. They are still unwilling.

I suggest you discuss how to quit the partnership first.

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