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Recruiting talent through headhunting companies is an important way for many companies. However, disputes arising from headhunting agency services are not rare in practice. How can we reduce such risks and take preventive measures? Firstly, we have to figure out the common causes of such disputes. In practice, the causes could be mainly classified into the following categories: The first cause is the "collision…

Jia and Company A, a Beijing company, signed a labor contract which expired on Feb. 16,2016. After the expiration, Jia was arranged by Company A to sign a 3-years labor contract with Company B, a wholly-owned subsidiary of Company A. During the implementation of the contract with Company B, Company A sold its share to a third party. Before the expiration…

The 12th Amendment to the “Criminal Law” was reviewed and approved by the Standing Committee of the National People's Congress on December 29, 2023, and will come into effect on March 1, 2024. This revision will bring a significant impact on anti-fraud policies of foreign-funded enterprises. To add liabilities to the crime of offering bribes, which may curb this crime,…

Generally speaking, an employer should complete the social insurance registration for new employee from the date of employment, by which can avoid the risk that the employer has to bear all liabilities when a new employee suffers a work-related injury before the employer completes the registration (referred to as the “gap period”). However, in practice, different companies have different practices.…

Company A, a US funded enterprise in Jiangsu, and Company B, a Japanese funded enterprise in Shanghai, have signed a sales contract, in which stipulates that in the event of a dispute, either party may submit it to an arbitration institution in Hong Kong for arbitration. Is this agreement valid? A typical viewpoint is that one of the basic principles…

At noon on July 31, 2017, Wong completed his resignation procedures and left the company. Unexpectedly, Wong was dead in a traffic accident on his way home. He was not liable in this accident. Wong’s family filed an application for work-related injury recognition, the Human Resources and Social Security Bureau of Shanghai Pudong New District approved the application. The company…

At the end of November 2023, a judgment by the Beijing Internet Court sparked heated discussions. In this case, the plaintiff used AI to generate images and published them on Xiaohongshu (an app), the defendant used those images in his article. The plaintiff filed a lawsuit to the court on the grounds of copyright infringement. The first instance judgment of…

The labor contract signed between a company in Beijing and Tian is valid until October 8, 2021. The company sent a renewal notice to Tian on October 8, 2021, but the two parties did not reach an agreement on the renewal afterwards. Later, Tian filed a labor arbitration, one of his claims is that he requested the company to pay…

In order to contribute to the community and enhance awareness for brands, many companies would sponsor public service activities, themed conference, competitions, and etc., no matter voluntarily or not. Such sponsorship is supposed to be a win-win event, but if the sponsorship is implemented in a wrong way, it may bring risks to those companies. Generally, the risks related to…

At the end of each year, various business gatherings and enterprises’ annual parties are typical programs. Alcohol is one of the links in those activities. Some people may be tipsy, some people may get drunk, and some people may die. If an individual died due to drinking too much alcohol in a business gathering, whether such death could be identified…