Tuesday
February 2024
Spring festival, the most important traditional holiday in our country, is both the importance of new rhetoric and the great occasion for family reunification。
Visiting friends and friends, having a dinner and a drink, praying for the good of spring or going on a trip... There are a number of potential legal risks that could be ignored in these practices during the past few years, and for this reason, during the spring, the court of sigu prepared for you a “spring pamphlet”, so that we can all be safe and secure, and enjoy a happy new year
Entertainment
During spring festivals, activities such as mahjong, landlords, etc., are characteristic of popular entertainment. However, it should be noted that many do not know the boundaries between entertainment and gambling. Is it gambling to play between relatives
1. There shall be no penalties for recreational activities such as mahjong, poker, etc., between relatives, not for profit; and recreational activities such as mahjong, poker, etc., between persons other than relatives, with small amounts of money。
2. A person who, for profit, provides conditions for gambling or who participates in gambling with greater money shall be liable to detention for up to five days or a fine of up to 500 yuan; in serious cases, to detention for 10 to 15 days and a fine of between 500 and 3,000 yuan。
3. Anyone who, for profit, gathers or engages in gambling shall be punished by imprisonment, detention or control for a term not exceeding three years and a fine。
Catering
In the course of the year, it would also be a great pleasure to have a good time with family and friends, but would the same drinker be responsible if someone overdrinking had an accident
It is noted that the following four situations persuade alcoholics to be legally liable:
1. Forced dissuasion. Any person who incentivizes the other party in a language or, in the event of a lack of consciousness or self-control, persuades the other party to drink alcohol, or who causes certain consequences as a result of the illness caused by the counselling of the other party, is liable under the law。
2. To persuade a person to drink, knowing that he or she cannot do so. (b) to persuade the other party to drink alcohol and cause disease, if he is aware of his condition。
3. Unsafe escort of drunks. If the drinker has lost or is about to lose control of himself, the drinker has not sent him to a safe place, and in the event of an accident (especially during the spring season, the weather is cold, with a high risk of death and death from freezing) the drinker also bears some legal responsibility。
4. Drunk driving was not discouraged. In the event of damage, such as a car accident, caused by a drunk driving, the same drinker, if he or she is not discouraged, is legally liable。
Travel
At the peak of spring traffic, it was hard to get a ticket, and the carpooling became a choice for many returnees. Would it be illegal to say that the good intentions and behaviour of an acquaintance, who does not charge any fees, are paid for the ride home
The nature of the paid cycling is not clearly defined at this stage in our country, and the return of spring cycling vehicles to their homes does not, of course, constitute an illegal operation, which should be determined in a comprehensive manner on multiple fronts. The purpose of the driver's carpooling is to cover the cost of returning home or to make a profit, which is the key to determining whether or not to operate illegally。
Who is responsible for any accident on the way to the car
Since carpooling is mostly a matter of family, friends or hometowns, where verbal engagements are often limited to potential accidents, while valid oral agreements are difficult to prove in the event of an accident, it is important that a written security agreement be concluded prior to the carpooling, clarifying their respective responsibilities and obligations. For example, how the liability for damage to vehicles should be assumed, and how the damage caused by traffic accidents should be compensated。
Work page
Everyone else is in new year's, but the company is asking for spring break overtime. Can workers refuse
During spring holidays, when overtime is arranged by the employer, the employee is consulted, and overtime may only be arranged if the employee so wishes, and overtime is limited. However, there are emergencies that endanger public safety and the public interest, and the law allows employers to extend their working hours appropriately。
How is the spring overtime paid
(i) according to our regulations, the first day of the first month of the agricultural calendar (10 february), the second year (11 february), the third year (12 february) is a statutory holiday, during which overtime is paid three times the salary; (ii) the first day of the first four (13 february), the first five (14 february), the first six (15 february), the first seven (16 february), the first eight (17 february) is a statutory day of rest, during which the worker is placed in work, and the worker is paid double the salary if the worker is subsequently not transferred。
In the heart of legal knowledge, the new year is happy and safe! In two days' time, spring break, court in saigu wishes you a happy new year and a happy and harmonious new spring festival
