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As the salesman of a Shanghai company, Liao had to travel throughout the country frequently, and apply for reimbursement with a lot invoices every month. At the end of the year, the company hired an accounting firm to conduct audit. The auditor found that some of the invoices submitted by Liao did not match the time and cities of the actual business travel. After investigation, the company found that Liao had used the invoices amount to nearly RMB30, 000 to apply for the reimbursement, and such invoices had no relationship with the business travel, which should be deemed as the…

In February 2014, Ms. Zhou asked for the marriage leave. Because Ms. Zhou got married at a late age as stipulated by the relevant law (Note: The late marriage leave would be abolished since the ‘Amendment of the Law of the People’s Republic of China on Population and Family Planning’ will come into force on 1st Jan. 2016 ), the company approved 10 days leave. Later then, Ms. Zhou got divorced. In 2015, Ms. Zhou remarried, and asked for the marriage leave again, but the company refused her application. In practice, the employers would ignore the issues related to the…

Mr. Wong was the technical department manger at Company A. One day, he downloaded Company A’s food formula and the entire process drawings into his personal computer, which had violated the company’s confidentiality provisions. After that, he resigned with the reason that he would go back to his hometown. Later, Company A was informed that Wong was working at Company B, who was the competitor of Company A. After investigation, Company A found that Company B was planning to use the new technology brought by Wong to build a new production line. Company A reported to the police quickly. But…

Company A and Company B had signed a “Sales Contract”, in which it had prescribed that Company A would purchase a set of machine from Company B. Later, the machine was delivered to Company A, but Company A refused to make the payment. After more than one year delay, Company B filed the dispute to the court, and required Company A to make the payment and undertake the late payment penalty. Company A defended that the contract had prescribed that the payment should be made upon receiving the invoice. Because Company B had not issued the invoice yet, Company A…

In order to protect the shareholder’s right to know (‘SRK’), Article 33 of the ‘Company Law ‘has stipulated that a shareholder may request to examine the articles of association, the meeting minutes of the shareholders’ meeting, the resolution of the board of directors, the resolutions of the board of supervisors, the financial reports, and accounting books. However, such documents may state the information which may be deemed as trade secrets as stipulated in the ‘Anti-Unfair Competition law’, e.g. the business plan, production management, purchase and sale information. If there is no restriction on ‘SRK’, then such right might be abused…

In the “Employee Handbook”, Company A has stipulated while an employee asks for an emergency sick leave, the employee shall go through the formalities in 3 working days upon the completion of the sick leave, otherwise, the employee’s absence shall be deemed as absenteeism. Mr. Wang asked for an emergency sick leave, but he failed to go through the formalities. Six months later, Company A terminated Mr. Wang’s labor contract with the reason that his absence should be deemed as absenteeism, which had severely violated the company’s rules and regulations. Mr. Wang filed the dispute to the labor arbitration committee.…