Wrapping 250 times the salary!I didn't wait until I refunded the money, but waited for the resignation letter ...

Author:Qinghai Pu Law Time:2022.09.01

Say good tomorrow

Who knows it is tomorrow

Hope Stars and the Moon

I didn't look forward to a "already arrived"

Who is responsible for the wrong salary?

"I feel that I am that 250!"

Due to work errors, the company issued a monthly salary of 250 times to an employee. Initially, the employees took the initiative to contact the financial staff and agreed to transfer the money back to the company's account the next day. The next day he "put the pigeons" and re -proposed to remit the money immediately after a "call bombing". But two days later, the employees still did not return the extra salary and submitted a resignation letter to the company.

Can this money still come back?

In the case of no contract basis and legal provisions, employees have obtained more salary, but they do not provide corresponding labor. It is improper profit, and the extra salary should be returned in accordance with the law. If the company negotiates with employees, the company can collect relevant evidence, and filed a lawsuit to the court on the grounds of improper gain, asking the employee to return the corresponding property.

Law -universal time

Article 985 of the People's Republic of China

If the List does not have the law, if it obtains improper benefits, the person who suffers can ask for the benefits obtained by the benefits, except for one of the following situations: except:

(1) Payment to perform moral obligations;

(2) Clear before the debt expires;

(3) Debt claims that have no obligation to pay.

Article 987 of the People's Republic of China

If the Liman knows or should know that the interests obtained are not legal, the person who suffers can ask for the benefits of the benefits and compensate the losses in accordance with the law.

It's the dog "move" first

People are on the way, and they can't help themselves!

Xiaomei (pseudonym) rushed home after get off work, and suddenly rushed out of a dog on the road. She fell to the ground before she could avoid it, causing a head trauma, a fracture of the skull, and admitted to the hospital. Without a perpetrator, "the driving dog" or a stray dog, who should you find it?

Is injury injury on the way to get off work?

The situation that Xiaomei encountered belongs to a traffic accident and has no fault in the accident. According to the law, traffic accidents that are not responsible for non -person on their way to get off work should be identified as work injuries. Therefore, Xiaomei can call the police after the accident, and apply for work injury identification to the Human Resources Bureau based on the "Road Traffic Accident" produced by the traffic police to safeguard her legitimate rights and interests.

Law -universal time

"Regulations on Work Injury Insurance" Article 14

If an employee has one of the following circumstances, it should be identified as a work injury:

(1) In working hours and workplace, they are harmed by accident due to work reasons;

(2) In the workplace before and after working, the preparations or ending work related to work are harmed by accident;

(3) In the working hours and workplace, it was injured by accidental injuries such as violence due to performance responsibilities;

(4) Dynamics of occupational diseases;

(5) During the work of the work, it is injured or the whereabouts of the accident are unknown due to work reasons;

(6) On the way to and from get off work, a traffic accident or urban rail transit, passenger ferry, and train accidents that receive non -person responsibility;

(7) Law and administrative regulations should be identified as other circumstances.

The company's "cheap" is not easy to occupy

Only white paper and black words are true.

A woman has more than 4,000 fans because she has an account on the short video platform, and some companies want to sign her to become a "Internet celebrity". The company's employees promised that women can be unlikely to cancel the contract within three months. After the contract is canceled, the company will return her account number, but such unique clauses will not be written in the contract.

"I will not lose any losses for the company's money to incubate operations. This is a big cheap!" After repeated messages confirmed with the employee, she agreed to sign the contract.

Signing for about a month, because there is no time to operate the account, the woman proposes to cancel the contract. However, the company rejected her request and denied the existence of the "three months without responsibility" and asked her to pay more than 10,000 yuan in liquidated damages. Isn't the employee's commitment counting?

On behalf of the company, the employee conducts intended consultations with others. Before and after signing the contract, he has promised "no responsibility for cancellation within three months". It belongs to a commitment within the scope of employee's authority. The company can collect legal effect on the company. The company is required to interpret the contract according to the agreement.

Law -universal time

Article 180 of the People's Republic of China

Those who execute the tasks of legal persons or illegal persons organize work tasks shall be effective on the corporate legal acts organized in the name of legal person or illegal organization within the scope of their powers, and will have the effect on the legal person or illegal organization.

The restrictions on the scope of personnel authority of the legal person or illegal personnel shall not fight against goodwill.

It is inevitable to encounter some bad things at work

Learn the law and optimize the contract

In order to effectively safeguard your rights and interests

Legal, compliant, and reasonable is the last word

Source: CCTV today's saying

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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