Legal Notebook

Chen’s toes were bruised while operating a machine in the workshop, and he was ascertained to have suffered from work-related injury. After the treatment, Chen returned to work. Later, he was dismissed for discipline violations. Chen required the company to pay the lump-sum disability employment subsidy (“Subsidy”), the company refused to pay with the excuse that he had violated the discipline. Is the company, right? Item 2 Article 37 of the “Regulation on Work-Related Injury Insurance” (hereinafter refers to “Regulation”) stipulates that if a labor or employment contract is terminated upon expiry, or an employee himself requests for rescinding the…

Company A participated in an investment promotion event, the township government promised to provide many preferential policies in the land price, taxation discount and etc.. Both parties reached an agreement on purchasing 500 acres of land use right, and Company A paid the price. Unexpectedly, the land was not only a collectively-owned land, but also a reclaimed land, Company A could not obtain the construction land planning permit and the state-owned land use right certificate. Company A wanted to dissolve the agreement and get back the money. The township government refused Company A’s request. Finally, Company A had to bring…

The Standardization Administration of China has released the “Personal information security specification” (GB/T 35273-2017), which will be implemented from 1st May 2018. Although GB/T 35273-2017 is a recommended national standard, in July 2017, CAC, MIIT, MPS and several other departments had conducted a joint action on the personal privacy, this action took the draft of GB/T 35273-2017 as the guideline. In addition, in view of the recent administration enforcement on individual enterprises, GB/T 35273-2017 was used to be the guideline practically. So, enterprises shall take GB/T 35273-2017 seriously and strengthen the management on personal information accordingly. The main highlights of…

A well-known domestic air-conditioning brand company A likes the products designed by an air-conditioning manufacturer company B. Both parties agreed that company B will design and manufacture products with the brand of company A, and company A will sell the product. Unexpectedly, when company A is selling the product, company C believes the product has infringed its patent, and brings a lawsuit against company A and company B. Whether company A shall undertake the patent infringement liabilities related to the product which is designed and manufactured by company B? If company A has to undertake such liabilities, then it shall…

In Company A, many employees asked for leave frequently. What’s worse, some of those employees had asked for personal leave accumulated to more than 60 days in 1 year. In 2015, Company A amended the “Employee Handbook”, in which it stipulated that the accumulated personal leave should not exceed 10 days in 1 year, otherwise the employee would be deemed as absent. In 2017, Chen had asked for personal leave for 10 days, and he asked for the personal leave again because he wanted to attend his good friend’s wedding, but the company rejected his application. Chen insisted to attend…

Article 63 of the “Civil Procedure Law” has listed 8 categories of evidence, which include the authentication opinion. Article 76 only prescribes 2 methods to initiate the judicial authentication, which are, ①the parties may apply to the court for authentication, or ②the court may entrust an agency to conduct the authentication at its own discretion, if no party apply for authentication. Since there are only 2 methods to initiate the judicial authentication, in practice, some people think the unilateral commissioning authentication is lack of legal basis, which shall not be deemed as the evidence listed in Article 63. In fact,…

In 2014, a company recruited Chen. Chen did not want to bear the individual payment part of the social insurance, and issued a “Commitment”, in which he said he would release the payment responsibility of the company voluntarily, and undertake the relevant adverse consequences. In 2017, Chen dissolved the labor contract with the reason that the company failed to pay the social security, and requested the company to pay the economic compensation. In practice, such case is not rare. Then, whether the labor arbitration committees or the courts will be in favor of the claim like Chen has requested? It…

MOHRSS released Guiding Opinions of the Ministry of Human Resources and Social Security on the Mechanism for Adjusting and Determining Work-related Injury Insurance Benefits (REN SHE BU FA [2017] No.58, hereinafter refers to “No.58”) on 28th July 2017. No.58 has adjusted some rules on the work-related injury insurance benefits, by considering many factors, such as the increase of workers’ wages, the change of CPI, the payment ability of work-related injury insurance fund, the adjustments of other relevant social security benefits, and the differences on the benefits among different areas. The main content includes: 1.No.58 requires every province shall adjust the…

A foreign Company A and a Chinese Company B jointly set up a joint venture Company C, which is a limited liability company. The GM of C was assigned by Company B. Because the finance report showed years of loss, A decided to transfer all its equity to B. Several months later, by a chance, A found the GM had set up another company without notified the shareholders. C purchased raw materials with unreasonable high prices from this company for years. A required C to provide the relevant finance documents for review, but C rejected this request. A filed the…

A Japanese Mr. A rode a sharing bike to home after work. He was knocked down by a car and got injured. Mr. A required the sharing bike company to compensate, and asked the company to apply for the work-related injury benefits. However, the sharing bike company rejected Mr. A’s claim by explaining that it would only undertake liabilities for the accidents due to the defects of the sharing bike. The company rejected Mr. A’s application, because the company insisted that Mr. A was not Chinese, and he could not us Chinese ID card to register for a sharing bike,…