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Jiang was a business receptionist. He was assigned to be on duty for 6 days during the National Day and the New Year’s Day. 1 year later, Jiang dissolved the labor contract, and requested the employer to pay the economic compensation, because he insisted that the employer had failed to pay the full amount of overtime pay. Finally the court dismissed Jiang’s complaint. A series of laws and regulations, such as the ‘Labor Law’, have stipulated that an employer shall pay for the overtime work if an employee has worked during the statutory holidays. Why the court dismissed Jiang’s complaint?…

Company A and Company B signed a contract, in which it has stipulated that B would be A’s exclusive distributor by selling A’s digital products, and B should not sell the other similar products. B promoted A’s products very well, and its sales amount was increasing step by step. Company C, the competitor of A, found B’s talent, and proposed a distribution contract with high profit to B. B accepted this proposal and signed another distribution contract with C, which said that B had to sell C ’s products. Hearing of this, A’s in-house counselor proposed to request B to…

Lee and Wang jointly assigned an agency to handle the registration procedures for the establishment of their company. Because Wang was located in the other city, the agency signed Wang’s name on the documents without authorization. 3 years later, Wang planned to transfer his equity to a third party. While handling the registration procedures for the equity transition, the registration authority rejected his application for the reason that his signature was different from the previous signatures. Wang was caught in a dilemma. A series of laws, regulations, such as the ‘Company Law’, the ‘Regulations on Administration of Registration of Companies’,…

Mr. Wang was the director of Company A, a limited liability company. Because Wang had a different view on the theory of the business with the other directors, he wanted to resign. Unexpectedly, the shareholders of Company A were afraid that Wang would compete with the company after his resignation, so the shareholders rejected his resignation application. Wang was in the dilemma. The ‘Company Law’ has prescribed the provisions on the selection and change of the director of a limited liability company, however, it fails to prescribe the procedures on the resignation of the director. Then, where the Articles of…

Mr. Pei is Company A’s employee. One day, Company A sent a ‘Notification on the Negotiation of the Termination of the Labor Contract’ to Pei, which stated, ‘……The company is going to negotiate with you on dissolving the labor contract, please respond in written to the company within 3 days after you have received this notification, otherwise, it shall be deemed that you are agree to dissolve the labor contract.’ 11 days later, Company A sent a ‘Notification on the Dissolution of the Labor Contract’ to Pei. Then the dispute arose. After the second trial, the court decided that Company…

Recently, a case attracted the widespread attention. Honda was ordered to compensate Shuanghuan RMB16 million by the Supreme People’s Court (‘SPC’), because SPC decided that Honda had violated the Unfair Competition Law by sending the warning letter improperly. Since in May 2015, the First Circuit Court of the Supreme People’s Court (‘FCC’) addressed the nature and validity of the warning letter in a business defamation case (Edan v. Mindray). The Honda v. Shuanghuan case is another milestone in the application of Unfair-competition Law on the warning letter (‘WL’), in which the SPC has further addressed the relevant factors and criteria.…

The sales staff Zhang was suffering from depression. He asked the employer Company A to provide the work-related injury welfare, because he insisted that this disease was caused by the sales pressure, which should be ascertained as the work-related injury. Company A refused his request, it insisted that the mental illness did not belong to the scope of the work-related injury which as stipulated in the ‘Regulations on the Work-related Injury Insurances’. Then the dispute occurred. In practice, with the severer competition, accelerated life pace, there are more and more labor cases related to the mental illness. While an employee…