Litigation and arbitration, labor disputes, industrial injury compensation
Beijing
Profile of Zhou Chen
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Lawyer Zhou Chen, Master of Law, China University of Political Science and Law.Focusing on the field of labor disputes and contract disputes, he has practiced for more than 10 years and has rich experience. He is good at handling economic dispute litigation cases caused by labor disputes between individuals and enterprises, and has long provided individuals and enterprises with non litigation legal service solutions such as labor relationship management planning, legal document review, etc.Service content: acting as an agent for labor dispute and contract dispute cases, collecting and integrating case evidence, holding court sessions, responding to lawsuits, etc;Drafting and reviewing various legal documents;Provide labor relations management planning scheme and risk assessment for enterprises and individuals;Establish and improve rules and regulations, employee handbook, labor contract, confidentiality agreement, attendance system and other employment management systems for enterprises;Provide full case service for enterprise layoff;Legal training;Participate in mediation and negotiation.
Lawyer Zhou Chen
Beijing Taigu Law Firm
Litigation and arbitrationLabor disputesWorker's Compensation
The value of Zhou Chen's lawyer: to strive for the maximum rights and interests of work-related death compensation for the family members of work-related death
Wang has nearly one million fans. After signing the relevant operation contract with a cultural media company, the company paid "five insurances and one fund" for himself, and he also clocked in on the company's office app.Wang thought that he had a labor relationship with the company, but this was denied by the other party.Wang appealed to the court for confirmation of labor relations.The Third Intermediate People's Court of Beijing believes that a certain culture
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Author: Wu Bowen, can the Sixth Civil Division of the First Intermediate People's Court of Beijing agree that the employee shall bear the non competition restriction and liquidated damages during the service period in the labor relations?The law and judicial interpretation do not clearly stipulate this, and there are different views on this issue in judicial practice.The author believes that it can be agreed that the employee shall bear the competition restriction during the service period, but it cannot be agreed that the employee shall bear the competition restriction during the service period
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
”My resume is mine. I just wrote a part of it short and did not falsify my resume. This is not cheating! "Ms. S "argued" in court, however, her defense ignored the fact that a person's past resume can largely reflect the person's adaptability to new environment and new things, team cooperation ability, etc
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Notice of Beijing Municipal Human Resources and Social Security Bureau, Beijing Municipal Medical Security Bureau, State Administration of Taxation, Beijing Municipal Taxation Bureau on Unifying the Upper and Lower Limits of the Wage Base of Various Social Insurance Contributions in 2024 (JRSF [2024] No. 12) To ensure that the insured units and individuals in the city will pay the social insurance premiums in 2024 on time and in full, the social insurance contributions are now paid
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Author: Zhai Huanhuan, a worker of the People's Court of Shunyi District, Beijing, proposed to pay the social insurance by himself, requiring the employer to pay the expenses in the form of wages. After leaving his job on his own, the worker asked the employer to pay economic compensation on the ground that the employer did not pay social insurance for him. Can the court support this?Basic Case A gallery was established on October 21, 2008, with a total of
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Author: Liang Shichen, Beijing Haidian District People's Court, employers' personal information processing runs through the whole process from pre employment to post employment.With the acceleration of talent flow, background survey is more and more frequently used in the enterprise recruitment process.In this case, employers and workers are prone to dispute over the scope of personal information provided by the background survey
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Source: Beijing Pinggu District People's Court (I) Basic case: Nan attached a van he purchased to a company in Beijing.In 2021, Nan arranged his hired truck driver, Liu, to drive the truck to pull goods. Liu drove the truck back and collided with the truck driven by others, and died the next day.After the accident, Liu was confirmed by the labor arbitration department
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Author: Wang Guoqing, Tang Da, in the life of Beijing First Intermediate People's Court, it is not uncommon for industrial accidents caused by third party infringement, among which the more common is that workers encounter traffic accidents on their way to and from work or going out to work.In the concurrence of the third party's infringement and industrial accidents, workers can request both industrial injury insurance compensation and the infringer's compensation.Then workers are enjoying
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
Source: The workers of the Third Intermediate People's Court of Beijing enjoy the rights of sick leave, rest, etc. according to law, and should also abide by the principles of professional ethics and good faith.If the laborer provides false diagnosis to "cheat" sick pay, can the employer terminate the labor contract accordingly?Let's take a look at this labor dispute case recently heard by the Third Intermediate People's Court of Beijing.Basic Case Gao
Attorneys' Essays · Popularizing the Knowledge of the Chief Justice
In order to optimize management, reduce costs and increase efficiency, more and more enterprises choose diversified employment forms based on production and operation needs and their own business characteristics.On July 9, Chaoyang Court held a press conference to report the hearing of labor dispute cases involving multiple employment and release typical cases.From 2021 to 2023, Chaoyang Court concluded 9 labor dispute cases involving multiple employment
Lawyer's analysis: Maternity leave is a legal leave. First, it is a legitimate application to the employer. The employer shall not reduce the salary of female employees, dismiss them, or terminate their labor or employment contracts due to pregnancy, childbirth, or breast-feeding.The second is to enjoy maternity leave with the birth certificate issued by the hospital or family planning service agency.
Lawyer's analysis: Article 51 of the Labor Law of the People's Republic of China stipulates that the employer shall pay wages according to law to workers during legal holidays, marriage and funeral leave, and when they participate in social activities according to law.According to the above relevant laws and regulations, workers are entitled to paid funeral leave.Therefore, the company should give employees paid funeral leave in accordance with national laws and regulations.
Lawyer's analysis: Jiangsu's marriage leave is 13 days.The marriage leave stipulated by the state is 3 days. According to Article 27 of Jiangsu Provincial Population and Family Planning Regulations, which is newly revised in Jiangsu Province, couples who have gone through marriage registration according to law will enjoy the marriage leave stipulated by the state for an extension of 10 days.
Lawyer's analysis: Both men and women pay maternity reimbursement, and if they meet the conditions, the man can apply for maternity allowance.Reimbursement conditions for male maternity insurance: 1. Male insured employees who meet the following conditions can apply for one-off maternity subsidies: ⑴ Meet the national family planning policy and legal maternity conditions.2. The male employees who meet the above conditions can apply for one-off maternity subsidies: 200 yuan for abortion;1200 yuan for natural production;2000 yuan for dystocia or multiple births.
Lawyer's analysis: Alipay or WeChat can be queried.The housing provident fund shall be paid by the unit on a monthly basis.The unit shall remit the housing provident fund deposited by the unit and withheld for employees to the special housing provident fund deposit account within 5 days from the date of monthly salary payment, and the office shall record it into the employee housing provident fund account.The housing provident fund shall accrue interest at the interest rate specified by the State from the date of deposit into the employee housing provident fund account.
Lawyer's analysis: after the insured has established the basic endowment insurance relationship and paid the fees in accordance with the regulations in the new employment place, the employer or the insured shall submit a written application for the transfer and continuation of the basic endowment insurance relationship to the social security agency in the new employment place.The social security agency of the new insured area shall review the transfer and continuation application within 15 working days.
Lawyers' analysis: 1. The category and approval time limit are different.Dismissal is an administrative sanction and the most severe one.Dismissal is an administrative treatment, not an administrative sanction.2. Applicable objects and conditions are different.Dismissal punishment is applicable to employees who seriously violate laws and disciplines.Dismissal in violation of discipline is applicable to those employees who do not make major mistakes and continue to make minor mistakes. Their wrong procedures are not enough for dismissal.
Lawyer's analysis: apply for witness testimony for industrial injury determination, state clearly and write key points.1. Indicate the certification items;2. Write down the time and place, as well as the content that you want to prove, and write down the reason why the injured person was injured and how he was injured;3. Summarize and express that the statement is true, or be willing to bear legal responsibility;4. Sign and date.
Lawyer's analysis: First of all, apply to the local labor and social security administrative department for work-related injury recognition. After making the work-related injury recognition, you can enjoy work-related injury benefits (if the employer fails to pay the work-related injury insurance premium, the employer will pay the related costs of work-related injury benefits).
Lawyer's analysis: how to deal with the social insurance after resignation: if a new unit is found immediately after resignation, the social insurance can handle the transfer procedures, and the renewal premium will be borne by the new unit.If you do not find a new company immediately, you can transfer it to an individual for renewal, and transfer it from the company's account to your own account.
[Lawyer's reply] The company's behavior is illegal, so it can put forward the requirement of signing labor contract and paying social insurance in time.
[Lawyer's Reply] If the company provides professional technical training and agrees on a service period, if the service period has not expired, compensation will be paid for leaving the company.
[Lawyer's reply] You can claim the wage difference of twice that of the contract not signed, compensation for dismissal and supplementary payment of social security.