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  • 2023-02-01
  • 3 minutes Read
The “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” will be implemented from February 10, 2023

On January 5, 2023, the NDRC issued the “Administrative Measures for Examination and Registration of Medium and Long-term Foreign Debts of Enterprises” (hereinafter referred to as the “Decree No.56 “), which will be implemented on February 10, 2023. The “NDRC Notice on Promoting the Reform for Filing and Registration-based System for Issuance of Foreign Debts by Enterprises” (FGWZ [2015] No. 2044, hereinafter referred to as the “Notice No.2044”) will be abolished accordingly. Here is a brief introduction of some key contents of the “Decree No.56 ” compared with the “Notice No.2044”. 1.To specify the definition of the foreign debts. The “Notice…

  • 2023-02-01
  • 5 minutes Read
Precautions for canteen outsourcing

In practice, many companies outsource staff canteen to a contractor with relatively mature supply chain system and catering service experience. The food safety and staff health are the top two risks of a canteen, so laws and regulations have set special restrictions and requirements regarding the management of a canteen. If a company ignores relevant regulations and practical rules, it may encounter food safety accidents, administrative penalties and other risks. In view of this, let’s talk about the precautions for canteen outsourcing. First of all, we have to clarify a cognitive misunderstanding, that is, “If a company outsources to a…

  • 2023-02-01
  • 7 minutes Read
Taking the risks related to interns into control.

Enterprises prefer to recruit interns, because of 2 reasons: (1) enterprises don’t have to pay for interns’ social security, and interns’ remuneration could be calculated daily, so the cost is relevantly lower than employees; and (2) enterprises don’t have to sign the labor contract with interns, so it is flexible for enterprises to terminate the relationship with interns. However, if enterprises ignore potential risks related to interns, they might have established a labor relation with interns, or even have to undertake a greater economic loss than a labor relation. HRs may have doubts about these potential risks, but these risks…

  • 2022-12-30
  • 3 minutes Read
The “Regulation on the Application of Deep Synthesis in Internet Information Services” will be implemented on Jan. 10 2023

By using AI technology, you may edit existing works in a depth synthesis manner, such as to replace the actor’s face or the original speech, or to cut partial of the works. Those editing brings fun to readers, but also risks of infringement to editors. The risks of infringement mainly include the infringement of the copyright of the work itself, the infringement of the reputation of the synthesized object, and even some people may constitute the crime of fraud by using the edited works. Therefore, the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the Ministry…

  • 2022-12-30
  • 6 minutes Read
What is the difference between a contract of work and a sales contract?

In commercial activities, when parties sign a contract for the supply of certain goods, they usually ignore the nature of the contact, which says a contract of work or a sales contract. However, when a dispute arises, the party who sues the counterparty shall determine the cause of the litigation, such choice of the nature of relevant contract may lead to a significant difference in the judgment. The reason is that the rights and obligations of the parties, the burden of proof, and the jurisdiction provisions (the jurisdiction for a contract of work is mainly the place of processing, and…

  • 2022-12-30
  • 4 minutes Read
Is it risky to gamble on football matches among acquaintances?

The 2022 Cartel World Cup is a big event for football fans. The topics about this event is everywhere, such as in the subway, the office, restaurants and etc. Among those topics, you may have heard people discussed about bet on the winner. In some companies, some colleagues even set up a WeChat group, in which they bet on different winners. However, they have not realized that despite the sports lottery tickets sold by the authorized lottery stations, the rest gambling methods are illegal, no matter individual or group betting, for serious situations, the relevant person may be prosecuted for…

  • 2022-12-01
  • 4 minutes Read
The “Law on the Protection of Rights and Interests of Women” has been revised for the third time, and will be effective on Jan. 1, 2023

The “Law on the Protection of Rights and Interests of Women” is implemented in 1992, and revised in 2005 and 2018, recently, the third amendment (hereinafter referred to as the ” 2022 Version “) was adopted on Oct. 30, 2022, and will come into force on Jan. 1, 2023. The following is a brief introduction of the clauses which are very important in enterprises’ daily management. Regarding sexual harassment Article 1010 of the “Civil Code” stipulates that, “Where a person conducts sexual harassment of another person in the forms of verbal remarks, written language, images, physical behaviors or otherwise against…

  • 2022-12-01
  • 4 minutes Read
“Substitute for XXX”, a smart idea or a stupid idea?

When you see “Substitute for LV” and “Substitute for SK-II”, do you instinctively imagine that the quality and grade of the product may reach the same level as “LV” and “SK-II”? The public may have a positive answer to this question, so some enterprises take advantage of those famous brands by using “Substitute for XXX” as their publicity core, and directly connect their products with those famous brands in the relevant industries, by which they could attract more customers and expand their market. More seriously is that some enterprises have applied for trademark registration with the phase “Substitute for XXX”. From the perspective of commercial…

  • 2022-12-01
  • 5 minutes Read
Can you reject employee’s application for getting medical treatment abroad?

Different people have different opinions on this topic. In fact, this topic does have different answers. Let’s take a look at 2 cases firstly. Case 1: Zhan went to a hospital on December 25, 2019, and was diagnosed with discogenic low back pain and soft tissue injury. The doctor issued a sick leave of one month. On the same day, Zhan asked his colleague to send the sick leave certificate to the company, and then flew to Canada. Due to the outbreak of COVID-19, Zhan was unable to return as scheduled. When the company doubted his trip to Canada, he defended…

  • 2022-09-30
  • 4 minutes Read
The “Administrative Provisions on Internet Pop-up Window Information Push Services” have come into effect on September 30, 2022

Recently, the “Administrative Provisions on Internet Pop-up Window Information Push Services ” (hereinafter referred to as the “Provisions”) is jointly released by the Cyberspace Administration of China, Ministry of Industry and Information Technology. The “Provisions” have stipulated clauses regarding the Pop-up Window Information, especially those pop-up advertisements pushed based on the algorithm. The “Provisions” have taken effect from September 30, 2022, and its main contents are as follows: To require relevant enterprises to establish relevant management mechanisms According to Article 2 and 4 of the “Provisions”, if an enterprise provides information push services in the form of pop-up message windows…