All posts by legal

A Singapore company and Singaporean Bai signed a contract, in which the company hired Bai as the manager of Shanghai business development department. Soon, Bai signed a labor contract with the Shanghai branch of a Xiamen company invested by the company. The Shanghai branch applied the employment permit (hereinafter referred to as the “EP”) for Bai. Later, Bai and the Shanghai branch were in dispute; finally, the court determined that there was no labor relationship the two parties. The Shanghai branch signed the labor contract, and applied the EP, why the court still denied the labor relationship? Let’s analyze step…

Cao sued Company X on the ground of a dispute over a contract of house transaction, and required Company X to assist him to handle the property registration procedures. The court of the first instance carried out mediation, and Company X agreed to assist Cao to handle the property registration procedures within 3 days after the mediation document became effective. Then the court of the first instance made a mediation letter. Subsequently, Company X applied for a retrial of the mediation letter on the ground that the contract should be invalid, and provided relevant evidence. The court of the second…

Lee, the former employee of Huawei, left Huawei at the expiry of his labor contract, and Huawei gave him “2N” compensation. 1 year later, Lee was arrested on suspicion of extortion, and after being detained for 251 days, he was released without charge. This is the “Huawei 251 Incident”. In Qingdao, after resigned from the company, Yang filed alabor arbitration on the ground that the company had induced and coerced him, and required the company to pay economic compensation. In the end, both the court of the first instance and second instance supported Yang’s claim (See (2017) Lu 02 Min…

Company S applied for trademark registration with the combination of the Chinese character “没事儿” and a circular pattern. The Trademark Review and Adjudication Board (“TRAB”) rejected the application. Company S applied for a review with the reason that the sign had certain originality; however, TRAB rejected Company S’s application for the review in accordance with item 3, paragraph 1 of Article 11 of the “Trademark Law”, which says the sign is lack of distinctiveness. Company S filed a lawsuit against TRAB later then, after the first and second instance, Beijing High People’s Court rejected Company S’s claim. (See (2016) Jing…

During the employment, Shen obtained 2 professional qualification certificates (“PQCs”), which are the ISO9000 Quality System Chief Auditor and the Chief Auditor. Because the company undertook the relevant training expenses, PQCs were kept by the company. Shen resigned his position, and required the company to return PQCs, but the company refused. Shen brought the dispute to the labor arbitration committee, after the first and second instance, the court ordered the company to return PQCs. Unexpectedly, the company denied that it had kept PQCs. The judgment could not be enforced. Shen filed a lawsuit against the company again, and claimed a…

Are you confused with the title? If a party leases a warehouse for storage, the two contracts shall state the same thing, and there shall be no difference. However, from the perspective of the nature of a contract, the two contracts have huge differences on the rights and responsibilities, consequences of breach of contract, and the way to defense when there is a dispute. In the “Contract Law”, Chapter 13 stipulates relevant articles on a lease contract, and Chapter 20 stipulates relevant articles on a warehousing contract. A lease contract requires a lessor delivers the warehouse to the lessee who…

Company A dissolved the labor contract with Ding, with the reason that Ding had severely violated the “Administrative Measures on Labor Discipline of Company A”, due to Ding’s habitual absenteeism. Ding filed a labor arbitration against Company A. Ding stated that Company A released the internal rules on its official website, the reader had to click the link and download the document, so this was not the way to announce as required by relevant laws. The labor arbitration committee supported Ding’s claim, but both the courts of the first-instance and second-instance rejected Ding’s claim. The “Labor Contract Law” prescribes that…