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  • 2023-07-31
  • 4 minutes Read
Labor arbitration or civil litigation, which one is the first choice to claim for compensation against an employee?

There are 5 main circumstances that a company may claim for compensation against an employee. The circumstances are, (1) the employee brings damage to the company’s property; (2) the employee infringed a third party’s rights while working, and the company has compensated the third party; (3) the employee infringes the company’s trade secrets; (4) the employee embezzles the company’s property; and (5) the company has undertaken expenses which are not employer’s responsibilities, such as the company overpays for social security, or pays medical expenses first for the employee. If the company claims for compensation from the perspective of employment, the…

  • 2023-06-30
  • 3 minutes Read
The impact of the administration regarding advertising from the second half of 2023 on advertisers

In mid-June 2023, the General Office of the SAMR issued the “Notice of the General Office of the SAMR on Solidly Conducting the Investigation and Governance of Prominent Issues in the Field of Advertising Administration” (hereinafter referred to as the “Notice”). This “Notice” reflects the key aspects of the administration regarding advertising. The “Notice” is very brief, mainly proposing specific administrative requirements and measures for 10 aspects. The following is a brief introduction and explanation from the perspective of the impact of the “Notice” on advertisers. Reduce the burden in three aspects of “three products and one equipment” The term…

  • 2023-06-30
  • 3 minutes Read
The effectiveness of electronic signatures and relevant risk prevention methods

The newly revised “Counterespionage Law” will come into effect on July 1, 2023. It has expanded the definition of espionage, adding espionage acts of “joining espionage organizations and their agents”, and “network attacks, intrusion, interference, control, destruction and other activities against state organs, secret related units or key Information infrastructure”. At the same time, the scope of protected objects has expanded from “national secrets and intelligence” to “other documents, data, materials, and items related to national security and interests”. Before the amendment of the “Counterespionage Law” was announced, reports of suspected espionage events had already been hot news, such as…

  • 2023-06-30
  • 3 minutes Read
Caution, the “Counterespionage Law” has been revised!

The newly revised “Counterespionage Law” will come into effect on July 1, 2023. It has expanded the definition of espionage, adding espionage acts of “joining espionage organizations and their agents”, and “network attacks, intrusion, interference, control, destruction and other activities against state organs, secret related units or key Information infrastructure”. At the same time, the scope of protected objects has expanded from “national secrets and intelligence” to “other documents, data, materials, and items related to national security and interests”. Before the amendment of the “Counterespionage Law” was announced, reports of suspected espionage events had already been hot news, such as…

  • 2023-05-31
  • 3 minutes Read
The “Measures of Administrative Penalty for Ecological Environment” will be implemented from July 1, 2023

In view of the new problems arisen in the environmental law enforcement in the past 10 years, and the implementation of the newly revised “Administrative Penalty Law” on July 15, 2021, the General Office of the Ministry of Ecology and Environment revised the “Measures of Administrative Penalty for Environment” (hereinafter referred to as the “Old Measures”) and publicly solicited opinions in August 2022. On May 8, 2023, the Ministry of Ecology and Environment issued the revised ” Measures of Administrative Penalty for Ecological Environment” (hereinafter referred to as the “New Measures”), which will be implemented from July 1, 2023. Here…

  • 2023-05-31
  • 3 minutes Read
Whether an agreed non-assignable debt could be assigned?

An effective transfer of debt usually requires four factors: 1) there is a valid debt; 2) the debt has assignability; 3) there is an effective debt assignment agreement; and 4) the debtor is notified. Otherwise, the assignment of debt shall not have any effect on the debtor. Therefore, as long as the debt has assignability, and it is not prohibited to be assigned according to legal provisions, normally such debt could be assigned without the consent of the debtor. However, if both parties have agreed that the creditor’s rights cannot be assigned, whether such agreed non-assignable debt could be assigned?…

  • 2023-05-31
  • 3 minutes Read
Blind Spots related to the special working hour systems

There are 3 categories of working hour system, which are the standard working hours, the flexible working hours arrangement, and the comprehensive calculation regarding working hours, among which, the latter two could be implemented upon the approval of the labor administrative department, and they are generally referred to as the special working hour systems. The “Notice on Issuing the Measures for the Examination and Approval of Flexible Working Hours Arrangement and Comprehensive Working Hours Scheme Adopted by Enterprises” has stipulated the objects of the two special working hour systems. However, there are some blind spots. Q: Whether an employer shall…

  • 2023-05-01
  • 4 minutes Read
The “Administrative Measures for Internet Advertising” has been implemented from May 1, 2023

The “Administrative Measures for Internet Advertising” (hereinafter referred to as the “New Measures”) implemented on May 1, 2023, has replaced the “Interim Measures for Internet Advertising Management” (hereinafter referred to as the “Old Measures”) implemented on September 1, 2016. Compared to the “Old Measures”, the key changes are as follows: Regarding the advertisements of special commodities or services (such as pharmaceuticals, food, cosmetics and medical deviceswhich are subject to censorship, in addition to the censorship as required by the “Old Measures”, the “New Measures” adds 2 requirements, which are the advertisements subject to censorship shall be released in strict accordance…

  • 2023-05-01
  • 7 minutes Read
Should a one-person company and its shareholder be joint defendants?

Company A sued Company B for a dispute over the sales contract and applied to add Company B’s shareholder, Company C, as a joint defendant. Company C defended that Company A had abused its right of prosecution, because the dispute between Company A and Company B had no business with Company C. Article 63 of the “Company Law” stipulates that, “A shareholder of a one-person limited liability company who is unable to prove that the company’s assets are independent of the shareholder’s personal assets shall bear joint and several liability for the company’s debt.” In addition, Article 20 of the…

  • 2023-05-01
  • 3 minutes Read
How to design a better layoff plan?

In January 2023, ByteDance downsized the company for 10%. In March 2023, Google China initiated a layoff plan. … In 2023, various news of “layoffs” hit the hot search from time to time. From the perspective of enterprises, a layoff plan mainly focuses on two aspects, which are the purpose and objectives of “layoffs”, and the legal risks caused by “layoffs”. The former involves commercial issues, while the latter involves legal issues. The commercial issues mainly include two points: Firstly, the purpose of “layoffs” shall be very clear. Losing money is not the only reason for “layoffs”, because a company…