1. What should I do if the booth deposit in the market is not refunded?
If the booth deposit in the market cannot be refunded, 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 regulations.
2. However, if the other party violates the rules before paying the deposit, the individual may request double indemnity or refund the original deposit.
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 20% of the subject matter of the main contract, and the excess shall have no deposit effect. 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 employer 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 collect the deposit from the laborer, the practice of the transportation company to collect the deposit of 654.38+0,000 yuan violates the law and should be returned in full.
Second, what should the employer do if the deposit is not refunded?
If the company insists on not returning the deposit, it can complain to the labor inspection department or apply for labor arbitration, and then it can bring a lawsuit to the court to safeguard the legitimate rights and interests.
Article 9 of the Labor Contract Law stipulates that the employer 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 collect the deposit from the laborer, the practice of the transportation company to collect the deposit of 654.38+0,000 yuan violates the law and should be returned 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 dissolution or termination of the labor relationship between the laborer and the employer, the people's court shall accept the dispute arising from the request of the employer to return the deposit, deposit, mortgage and collateral of the labor contract, or the dispute arising from the transfer procedures of the employee's personnel file and social insurance relationship, and the parties bring a lawsuit according to law after arbitration by the labor dispute arbitration commission.
In our daily life, the deposit is actually to protect one party from default. Therefore, in the case that the other party has not violated the rules and regulations, if both parties decide not to cooperate again, it is generally necessary to refund the deposit.