Notification of product discontinuance is a must or not?

Nowadays goods are being updated frequently. Consumers don’t have any trouble with the updated FMCG, however, there are troubles with those updated durable consumer goods (“DCG”), such as appliances. Because consumers may need components and parts for the maintenance and repair of DCG. Therefore, the manufacturer shall pay attention to two issues, 1) how long should components and parts be…

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How to deal with the labor disputes related to foreign employees?

According to the “Administrative Provisions on Employment of Foreigners in China” (hereinafter referred to as the “Provisions”), an employer hiring a foreigner shall apply an employment permit for the said foreigner. Many provinces and cities require the employer to provide a labor contract with the foreign as stipulated in Article 17 of the “Provisions” for applying the employment permit. However,…

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The negative impacts to the company whose legal person shareholder is deregistered without notification.

Company A had three legal person shareholders, one of which was deregistered without notifying A. Due to the absence of this shareholder, and the director appointed by it, A faced many challenges, including the effectiveness of resolutions of the shareholders' meeting and the board of directors, as well as the procedures for business registration, and etc. With the slowdown of…

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Does death from overwork belong to a work-related injury?

Lau works as a packaging worker at a company in Dongguan. On October 13, 2017 at 21:22, Lau got off work. On the next day at 8:00, Lau's wife contacted Lau's supervisor to ask for a sick leave on his behalf. Lau went to the hospital for medical treatment. At 11:30, Lau was lack of consciousness, and died due to…

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Common risks and preventive measures regarding headhunting

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…

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An employee is transferred to a new employer for reasons not attributable to himself, whether the frequency of the labor contract signed with the original employer shall be consolidated into the frequencies of the labor contract signed with the new employer?

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…

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The Impact of the 12th Amendment to the “Criminal Law” on Anti-fraud policies of Foreign-funded Enterprises

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,…

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Who bears the responsibilities for work-related injuries during the “gap period”?

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.…

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Whether overseas arbitration institutions could govern the contract disputes between two domestic foreign-funded companies?

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…

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An employee was hit by a car on his way home on the day of resignation, is it a work-related injury or not?

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…

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