All posts by legal

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,…

Do you think this title is ridiculous? Many people may nod their heads. However, the fact is even more ridiculous. Wang planned to decorate his new apartment. He signed a contract with the “branch” of a well-known K decoration company and paid. Unfortunately, the “branch” suddenly went out of business after received the payment. Wang requested K to perform the contract, but he was told that the counterparty signed the contract was not the real branch of K. Wang checked the name of the party, and he found this party did not registered. It is not easy for Wang to…

Mrs. Wang worked in Company A for 6 years, and she worked in the Administration Dept.. Came back from the maternity leave, she often came to work late and left early, and became forgetful, which was not the right working attitude. No doubts, she was disqualified in the performance evaluation. Company A transferred her to the finance dept. for the reason that she was incompetent. Afterwards she was disqualified in the performance evaluation again. Then Company A dissolved the labor contract in accordance with Article 40, Section 2 of the “Labor Contract Law”. However, the court held that the dissolution…

On June 28, 2017, the State Intellectual Property Office promulgated “Administrative Measures for Priority Examination of Patent Applications” ((2017) Order No. 76, hereinafter referred to as the “New Measures”), which has come into force on August 1st, 2017. Compare with “Administrative Measures for Priority Examination of Invention Patent Applications” implemented on August 1st, 2012 (hereinafter referred to as the “Old Measures”), the “New Measures” has optimized the priority examination, such as the scope of the application, the applicable circumstances and procedures. The specific highlights are as follows: 1. Expanding the scope of the application In the “Old Measures”, the priority…

It is common that many sellers would mark their shops, no matter online ones or offline ones, with “Exclusive Right to Sell XX”, “XX Brand Discount Shop” and etc.. When a seller is selling counterfeit products, it is an obvious trademark infringement behavior. What if a seller sells certified products, whether it shall be deemed as a trademark infringement behavior? It is possible. Then what is the reason? In order to clarify the reason, we shall discuss the fair use of a trademark firstly. Generally, the fair use of a trademark includes the descriptive use and nominative use. Article 59…

Company A’s “Sales Regulations” specifies that, where the price of any transaction is lower than the normal price level, such transaction shall be approved by the accounting dept. in advance, otherwise, the responsible person shall be recorded for a serious mistake. Sales manager Qian sold products to his friend’s company at a lower price, which brought the loss of 0.17 million to Company A. Company A issued a “Notice on the Dissolution of a Labor Contract” to Qian, in which it dissolved the labor contract with Qian for the reason that he had seriously violated Company A’s internal rules and…