@These cases of immune -related disputes may be related to you!
Author:Chengdu Daily Jinguan Time:2022.09.19
Along with the streets of car water and people, the familiar fireworks returned in Chengdu.
Some time ago, all the members have encountered legal problems in community group purchase and home office? Today, the judges of the Chengdu Internet Court sorted out some typical cases for everyone, you can understand.
01
I have received a notice from the recruitment unit, but because the epidemic is isolated, can I calculate my salary from the date of receiving the notice?
Can't. Article 7 of the Labor Contract Law of the People's Republic of China stipulates: "The employer will establish a labor relationship with the workers from the date of use. If the two parties do not go through the job procedures, they should be deemed that the two parties have not established a labor relationship, and the employer does not need to pay the wages of the workers.
02
I have a personal injury during my home office. Can I apply for work injury to the company?
It should be analyzed depending on the specific situation, but it should be noted that the work injury of home -office is highly required for employees. According to Article 14 of the "Regulations on Work Injury Insurance", the identification of work injury is mainly concentrated in traffic accidents, damage and occupational diseases that occur during work, and basic work hours, workplace, and work reasons. Due to the impact of the epidemic, the company requires employees to work at home, but the family can be regarded as "workplace" or "during the period of going out". The key is whether the physical damage suffered by the employees and whether there is a inevitable relationship between the existence of the duties and the cause and effect.
03
Our company is a supplier of the raw material of moon cakes. Because of the influence of prevention and control measures during the epidemic, many workers are closed and controlled by the time that it cannot be supplied to the food company in accordance with the time stipulated in the contract. Liability for breach of contract?
Enterprises should draft a written notification letter as soon as possible to inform the counterparts that cannot perform the contract due to the epidemic reasons, and provide proof of the epidemic (such as the announcement of the closure of the residents or office spaces in the local area). At the same time, the proper extension of the contract performance or change of the content of the contract is properly negotiated with the counterparts. During the epidemic situation, the resumption of work due to epidemic or epidemic prevention and control measures, isolation measures, and government recruitment, which can not fulfill the delivery obligations normally. Generally, force majeure can be exempted or partially exempt from responsibility. However, the parties shall take positive measures as soon as possible to avoid the expansion of losses. If the loss is expanded due to failure to take measures, it is possible to bear the corresponding responsibilities of the loss of losses.
04
I should have moved into the rental house near the children's school before the start of school, but the communities and rented communities I live in are now closed. Can I ask the landlord to reduce the rent?
Analysis is required according to the agreement of the "Lease Contract", and it is recommended to negotiate first. If the court is sued to the court, the court will comprehensively analyze a variety of factors such as the lease period, the actual usage of the house, and the impact of the epidemic, and deal with it in accordance with the principle of fairness.
05
What should I do with the quality problem of the goods purchased by the community group purchase?
After consumers pay the corresponding price to the seller, the seller shall provide products that meet the quality of the product. If there is a short lack of pounds, fakes and inferiority, such as the requirements of the "Protection Law of the Consumer Rights and Interests of the People's Republic of China", consumers can request the obligation to return or require merchants to perform the replacement obligations. If the seller has fraud, consumers can also advocate a punitive compensation for refunding one compensation.
Chengdu Daily Jinguan News Wu Ting reporter Chen Di is responsible for Editor He Qixie's internship editor Lu Yarui
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