From April 19th to 21st, the "Ask the Law in Hunan" column of the red network received a total of 69 replies from lawyers, and the main consulting areas were contract signing, consumer rights protection, labor arbitration, pension insurance, etc. The enthusiastic lawyers mainly include: Yan Yueqing of Hunan Riyueming Law Firm, Tang Min of Hunan Changyan Law Firm, and Wang Zhuang of Hunan Tiandiren Law Firm.
Lawyer Responses Featured Catalogue 1
If I buy a house in another place, can I still move my hukou back to my hometown?
2
The hotel waiter serves the wrong dish, do I need to pay for the price difference?
3
Is there still legal effect when the business license of an enterprise is revoked and the contract is signed?
4
If the employee pension insurance has been interrupted for 9 years, can it still be paid?
5
Can a pregnant woman sue the other party for assault?
6
If the company does not reimburse me for my travel expenses, can I arbitrate?
1
Loudi netizens asked: If I buy a house in another place, can I still move back to my hometown?
Hunan Tiandiren Law Firm
Lawyer Wang Zhuang answers:
Hello, the general procedures for moving your account are:
1. Apply to the police station where you move in;
2. The police station at the place of relocation agrees to move in;
3. Submit an application to the police station where the current household registration is located;
4. The police station where the household registration is located will issue a household registration certificate;
5. With the household registration certificate and relevant supporting materials and reasons, go to the household affairs department of the municipal public security bureau in the place of relocation to apply for moving in;
6. The Household Affairs Division issues the "Permit for Relocation";
7. Go back to the police station where your household registration is located with the "Permit to Relocate" to move out and issue a relocation permit;
8. Go to the police station where you move in with your migration certificate and ID card.
To go through the procedures for moving out of the household registration, you can do it on your behalf if you don't go to do it, and the agent should be an adult among the members of the original household, and you need to provide a certificate of permission to move in (the copy of the place of moving out), a resident household registration booklet, and a resident ID card, and the police station of the place of moving out will issue a certificate of household registration after reviewing and complying with the requirements. Policies vary from place to place, so it is recommended to consult the local household registration department.
Links to the law:
Article 10 of the "Household Registration Regulations" stipulates that if a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain the relocation certificate, and cancel the household registration.
Citizens who move from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.
Citizens moving to border areas must be approved by the public security organs of the county, city, or municipal district where they habitually reside.
2
Hengyang netizens asked: I went out to eat and ordered 5 dishes, 2 of which were on the wrong restaurant, more expensive than the dishes I ordered, and I found that it was wrong when I checked out later, and the store told me that it was the wrong dish, and then said that we were all finished, and we had to pay according to the wrong dish, is this reasonable?
Hunan Changyan Law Firm
Lawyer Tang Min answers:
If the customer does not know and does not know that the waiter has served the wrong dish and the dish is eaten, it is equivalent to the customer does not know that the contract content has been changed, and he does not bear the obligation to return the benefit. If the customer knows about it, that is, he knows that the waiter has served the wrong dish and still eats it, it is equivalent to the customer knowing that the content of the contract has changed, and eating it at this time is equivalent to agreeing to the change of the contract by default, and the corresponding price should be paid. Link to the law: Article 986 of the Civil Code of the People's Republic of China, if the profiteer does not know and should not know that the benefits obtained have no legal basis, and the benefits obtained no longer exist, he shall not bear the obligation to return the benefits. Article 987 of the Civil Code of the People's Republic of China: Where the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request the gainers to return the benefits they have obtained and compensate for the losses in accordance with law. 3
Changde netizens asked: If the business license of the enterprise is revoked, does the contract still have legal effect?
Lawyer of Hunan Riyueming Law Firm
Lawyer Yan Yueqing answers:
If the business license is revoked, it does not affect the validity of the contract that has already been signed. If the business license is revoked and the contract cannot be performed, the contract may be terminated.
The parties may terminate the contract under any of the following circumstances:
(1) The purpose of the contract cannot be achieved due to force majeure;
(2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;
(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;
(4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;
(5) Other circumstances provided for by law.
Links to the law:
Article 143 of the Civil Code
Civil juristic acts that meet the following conditions are valid:
(1) The actor has the corresponding capacity for civil conduct;
(2) The expression of intent is true;
(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
4
Shaoyang netizens asked: After interrupting the employee pension insurance for 9 years, can I make supplementary payments?
Lawyer of Hunan Riyueming Law Firm
Lawyer Yan Yueqing answers:
Generally speaking, the supplementary pension insurance can be made by the unit or the individual.
The supplementary payment process is as follows: before applying for supplementary payment of endowment insurance, individuals should fill in the supplementary payment commitment letter and application form, and at the same time provide relevant supporting materials, and submit an application for supplementary payment to the archiving agency.
Links to the law:
Article 86 of the Social Insurance Law of the People's Republic of China If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment;
5
Changsha netizens asked: A neighbor of mine did whatever he wanted because he was pregnant, and there was a quarrel a few days ago, and then the pregnant woman did it, we saw that the other party was pregnant and didn't fight back, the more I thought about it, the more angry I became, can I sue the other party?
Tang Min, a lawyer from Hunan Changyan Law Firm, answered: The act of beating others violates the right to health of others. If the circumstances are minor, the other party may claim compensation for the medical treatment and transportation expenses incurred as a result of the beating. If the circumstances are serious, you can call the police for treatment and conduct an injury evaluation. Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" provides that whoever assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Assaulting or injuring others in a group; (2) Assaulting or injuring a disabled person, pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Assaulting or injuring another person multiple times, or assaulting or injuring multiple people at a time. 6
Huaihua netizens asked: If the company does not reimburse me for travel expenses, can I arbitrate?
Lawyer of Hunan Riyueming Law Firm
Lawyer Yan Yueqing answers:
Disputes over travel expenses cannot be subject to labor arbitration. Travel expense disputes are not labor disputes under the law. If the company fails to reimburse the travel expenses paid by the employee in advance, the company shall deal with the dispute with the company due to the failure to reimburse the account in time, and the company shall deal with it according to the internal accounting system. Therefore, if the company does not reimburse the travel expenses, the employee should do a good job of collecting evidence: first, in accordance with the company's accounting system, the relevant funds will be reimbursed in a timely manner, and then the company should arrange the approval process for approval and confirmation; second, the company should confirm the amount and time of reimbursement by email or in writing, and finally if the company does not reimburse the travel expenses, the employee can file a lawsuit with the people's court according to the ordinary creditor's rights and debts. Link to the law: Article 2 of the Labor Contract Law of the People's Republic of China shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations, (2) disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts, (3) disputes arising from removal, dismissal, resignation and resignation, (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection, (5) disputes arising from labor remuneration, medical expenses for work-related injuries, (6) Other labor disputes as stipulated by laws and regulations. Source: Red Network "Ask Hunan" column Editor: Peng Mengying