All posts by legal

In accordance with relevant laws and regulations, retirees mean the person whom terminates the labor contract with the employer when he/she meets the criteria of age, type of work the work ability and the endowment insurance. Nowadays, some High-tech retirees are rehired by the enterprises in the relevant fields. The relationship between retirees and the enterprises should be deemed as the service relation between equal entities (“Ministry of Labor on Several Issues Related to Implementation of Labor Contract”,” Reply Letter of the General Office of the Ministry of Labor on Answering to the Request for Several Issues Related to Implementation…

In 2011, Mr. Zheng brought commercial third-party liability insurance for motor vehicles (“CTLI”) for his car. One day, Mr. Zheng lent the car to his friend Mr. Pan, unfortunately, a traffic accident happened, Mr. Pan was identified with full responsibility. The victim appealed to the court against both Mr. Zheng and Mr. Pan, the court made the decision that Mr. Pan should undertake the compensation of 130,000 Yuan, and Mr. Zheng was not liable. As per the court decision, Mr. Zheng and Mr. Pan claimed compensation from the insurance company. However, the insurance company said that because the insured Mr.…

“Labor Contract Law (Amendment),” will go effective on 1st, July, 2013, and the new requirements on labor dispatch (“LD”) become a compelling topic, the widely focused topics include: the new requirements on 3items of the position in LD, the issues related to the transfer from LD to labor contract, whether LD can be replaced by service outsourcing, and etc.. The Amendment has clearly stipulated the 3 attributes of “temporary, auxiliary, replaceable” of the position in LD, however, the distinction between “main business positions” and “ancillary business positions” varies by enterprise. Meanwhile, the local authorities have set different criteria on the…

Mr. Chen is the salesman at company Shadow (“Shadow”). One day, Mr. Lee whom was the client of Shadow invited Mr. Chen to play cards. A few hours later, Mr. Chen lost 20,000Yuan in gambling, and Mr. Chen promised to pay the money within 1 month. 1 month later, Mr. Lee asked for payment for several times, but Mr. Chen refused to pay. Mr. Lee went to Shadow to negotiate, however, both parties could not make an agreement and ended fighting with each other, Mr. Chen was injured, and his colleague Mr. Wong who tried to mediate was injured too.…

In practice, more and more cases on the infringement of patent, which are taken action by the third party against OEM separately or both OEM and the purchasing company to the court. OEM manufactures products based on the commission processing contract, if the products infringe the third party’s patent right, besides the tort liabilities undertaken by the purchasing company, whether OEM shall undertake such liabilities? Generally speaking, there is no dispute on the tort liabilities undertaken by the purchasing company. Therefore, there is a view that, since the manufacturer is the purchasing company, OEM only engages in producing products in…

Miss Wang brought a piece of cake in a store. After the payment, she found that the identified shelf life had expired, so she required the store to refund the payment, and pay a compensation equivalent to ten times of the price of the piece of cake. The store agreed to do so. A few days later, Miss Wang’s colleague Miss Zhang bought a piece of cake in the same store, after a few bites, she found a fly in the cake, thought of Miss Wang’s experience, she asked the store for the same compensation as Miss Wang, however, the…