All posts by legal

From March to September 2015, within 6 months, the State Council has mentioned that the relevant departments shall analyze on how to apply the IP protection on the new forms of the creative innovations including the business model, in 3 files, the ‘Some Opinions concerning Deepening Structural and Mechanism Reform and Accelerating the Implementation of the Innovation Driving Development Strategy’, the ‘Opinions of the State Council on Several Policies and Measures for Vigorously Advancing the Popular Entrepreneurship and Innovation’ and the ‘Plan for the Implementation of Deepening the Science and Technology System Reform’. The business model (hereinafter referred to ‘BM’)is…

Lee was the employee of a Shanghai Company. One day, he was injured within the working hour, and was sent to the hospital immediately. 4 months later, Lee left the hospital. After another 3 months, Lee was assessed as the 10th Grade Disability. The company refused to pay the 3 months’ salary after Lee had left the hospital. Lee brought the dispute to the labor arbitration committee. Finally, the labor arbitration committee supported Lee’s claim. According to Article 33 of the ‘Regulations on Work-Related Injury Insurances’, the suspension-of-work-with-pay period (‘SWP Period’) is a welfare benefit for the employee who has…

The ‘Detailed Rules for the Implementation of the Patent Law’ has prescribed that the agreement on the reward and remuneration for service invention (hereinafter refers to ‘Service Invention Rewards’) shall prevail, which further prescribed that an employer could make an agreement with the employee, or prescribe in the internal rules and regulations on the payment methods and amount of ‘Service Invention Rewards’.( hereinafter refers to ‘Agreement’) (Note: the internal rules and regulations are determined after the consultation with the labor union or employee representative on the basis of equality, so it is essentially a supplementary to the labor contract) Recently,…

Several engineers of Company A downloaded drawing software from the internet. A few months later, Company A received a Lawyer’s Letter from Company B, in which it stated that Company A had downloaded Company B’s software, Company B required Company A to pay the license fee amount up to RMB 1 million. The evidence of using was attached to the Lawyer’s Letter. Company A insisted that it was the employees’ personal behavior, so it refused to pay the license fee. Then Company B filed the lawsuit to the court, under the mediation of the court, finally, the two parties reached…

In order to be the leader in the market, Company A took the ‘Sales is Everything’ as its first priority. All the salesmen had done their best to make the deal, but ignore the examination of the clients’ credit and the management of the payment terms. Later on, the sale volume increased a lot, but the company had to face the serve finance burden on collecting debts. ‘Collecting debts’ is a common problem, and the reasons are varied, such as some companies may focus on the sale volume, but ignore the examination of the credit of the other party; some…

As the salesman of a Shanghai company, Liao had to travel throughout the country frequently, and apply for reimbursement with a lot invoices every month. At the end of the year, the company hired an accounting firm to conduct audit. The auditor found that some of the invoices submitted by Liao did not match the time and cities of the actual business travel. After investigation, the company found that Liao had used the invoices amount to nearly RMB30, 000 to apply for the reimbursement, and such invoices had no relationship with the business travel, which should be deemed as the…

In February 2014, Ms. Zhou asked for the marriage leave. Because Ms. Zhou got married at a late age as stipulated by the relevant law (Note: The late marriage leave would be abolished since the ‘Amendment of the Law of the People’s Republic of China on Population and Family Planning’ will come into force on 1st Jan. 2016 ), the company approved 10 days leave. Later then, Ms. Zhou got divorced. In 2015, Ms. Zhou remarried, and asked for the marriage leave again, but the company refused her application. In practice, the employers would ignore the issues related to the…