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A Nanjing company and a Harbin company entered into a sales contract, in which the dispute resolution clause was stipulated as “any disputes arising from this contract shall be settled by the Arbitration Institution of Jiangsu Province”. Later then, the Harbin company failed to pay on time, the Nanjing company applied for arbitration to the Nanjing Arbitration Institution, but it was informed that the agreement on the dispute resolution was invalid. Finally, the Nanjing company had to bring a lawsuit against the Harbin company to the court in which the Harbin company was located. Such cases are not rare. Many…

Chen and Company A entered into a labor contract, in which the term of the contract was prescribed as 1 year, and the probation period was 1 month. During the probation period, Chen got sick, and the hospital issued a 6months sick leave. Company A dissolved the labor contract by the reason that Chen was unhealthy and did not meet the employment requirements. Although an employer could set a requirement on physical health, once an employee could not work due to health reason, in practice, we have not searched any judgments which support the employer. From the legislative purpose of…

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…