All posts by legal

Article 63 of the “Civil Procedure Law” has listed 8 categories of evidence, which include the authentication opinion. Article 76 only prescribes 2 methods to initiate the judicial authentication, which are, ①the parties may apply to the court for authentication, or ②the court may entrust an agency to conduct the authentication at its own discretion, if no party apply for authentication. Since there are only 2 methods to initiate the judicial authentication, in practice, some people think the unilateral commissioning authentication is lack of legal basis, which shall not be deemed as the evidence listed in Article 63. In fact,…

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,…