All posts by legal

Zhan is the purchasing manager and trade union president of Shanghai K Company. K fired Zhan for serious violation of rules and regulations due to fake sick leave. Zhan filed labor arbitration, claiming that K had illegally terminated the labor contract with the reason that K had not obtained the consent of the trade union at the next level up. In order to protect committee members of a trade union from unfair treatment due to their performance of their duties, the “Trade Union Law”, the “Interim Measures for the Protection of the Legal Rights and Interests of the Trade Union…

Have you ever been attracted by a commodity’s using experience video on “Xiao Hong Shu” app? Maybe some of you have brought the endorsed commodity. Have you ever been touched by an article published via a WeChat official account? You found it had aroused your internal idea, the structure was so smooth, a commodity or service was just so matched, you would have the same using experience, you liked the brand, and finally you wanted to buy one. The video and article mentioned above are the so-called “Advertorial”. An “Advertorial” is a concept compared to “Advertisement”. Normally, an “Advertorial” refers…

The background investigation of “Employees” involves two circumstances. An employer requires an investigation of its candidate, or an employer is required to provide information of its former employee. Such investigation involves employees’ personal information which is sensitive. Recently, with the release of the “Personal Information Protection Law”, HRs become more alert to such investigation. Here, we would like to talk about the risks related to such investigation, and the relevant prevention measures. First, when an employer requires an investigation of its candidate, the following issues are worth to be noted. (1) What is the source of the relevant information? If…

While discussing the 20th anniversary celebration event of Company M, the planning department proposed to buy a batch of thermos, mark with M’s logo, and distribute to consumers and other commercial partners as souvenirs. Some staffs questioned about this proposal from the perspective of legal risk prevention and control. Generally speaking, the marks on a product or its packaging mainly have 4 functions: 1) to distinguish the source of goods by using a trademark or a design patent; 2) to meet the needs of consumers for acquiring product quality liabilities; 3) to regulate fair competition, and protect consumers’ right to…

“Shared Employment” (“SE”) and “Platform Employment” (“PE”) become very popular in recent years. They are always mentioned as a method to reduce labor cost in social Medias. However, many enterprises donot have a comprehensive picture of the two, such as the employment model, the difference from normal employment, and relevant risks. Let’s talk about the “SE”. At the beginning of 2020, due to the epidemic, the majority enterprises had to suspend operation, especially those enterprises in the catering and tourism industries, at the same time, manufacturers of anti-epidemic products, logistics enterprises and a few enterprises which could and must operate…

Chen was the executive chef of Company H, and the model of H’s promotional photos, posters and videos, in which he wore a chef’s uniform, holding a plate of Hainanese chicken or a bowl of Hainanese chicken rice. After resigned, he found those promotional materials were still presenting on internet, so he filed a lawsuit against H with the claim that H had infringed his portrait rights. H defended that Chen was aware that it would use those promotional materials, and he had not raised any objections, so it did not constitute an infringement of portrait rights. Chen argued that…