if the booth deposit in the market is not refundable, you can ask for a refund through negotiation or litigation. According to Article 586 of China's Civil Code, both parties can decide that one party pays the deposit to the other party as a guarantee of creditor's rights, and it needs to be returned when there is no breach of contract.
1. What should I do if the booth deposit in the market is not refunded? If the booth deposit in the market is not refundable, you can ask for a refund through negotiation or litigation. 1. The deposit is non-refundable and protected by law only if the other party does not violate the rules. 2. However, if the other party violates the rules before paying the deposit, the individual can ask double indemnity or refund the original deposit instead. Article 586 of the Civil Code, the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 21% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit. Article 9 of the Labor Contract Law stipulates that the employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names. Because the law clearly stipulates that the employer shall not charge the employee a deposit, the transportation company's practice of charging a deposit of 11,111 yuan is contrary to the law and should be refunded in full.
second, what should the employer do if the deposit is not refunded? If the company insists on not refunding the deposit, it can report the complaint to the labor inspection department or apply for labor arbitration, and then it can bring a lawsuit in court to safeguard the legitimate rights and interests. Article 9 of the Labor Contract Law stipulates that the employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names. Because the law clearly stipulates that the employer shall not charge the employee a deposit, the transportation company's practice of charging a deposit of 11,111 yuan is contrary to the law and should be refunded in full. Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates that after the termination or termination of labor relations between workers and employers, the people's court shall accept disputes arising from requesting employers to return the labor contract deposit, deposit, mortgage and collateral collected by them, or disputes arising from handling the transfer procedures of workers' personnel files and social insurance relations, and after arbitration by the labor dispute arbitration commission, the parties shall bring a lawsuit according to law. In our daily life, the deposit is actually to protect one of the parties from default. Therefore, under the condition that the other party has not violated the rules and regulations, if the two parties decide not to cooperate anymore, the deposit generally needs to be refunded.