Legal News

When calculating overtime pay, annual leave pay, salary for personal leave, and salary for sick leave, it will involve the calculation of working hours and the conversion of daily salary and hourly salary. Due to the revision of the “Measures for Holidays on National Festivals and Commemorative Days”, the number of legal holidays has been increased from the original 11 days to 13 days. Therefore, the calculation of working hours needs to be adjusted accordingly. Since the calculation of annual working days requires deducting legal holidays, the annual working days before the adjustment were 250 days, the quarterly working days…

In judicial practice, various problems such as difficulty in filing cases, unresolved cases, and arbitrary termination of enforcement have been criticized. On December 30, 2024, the Supreme People’s Court issued the “Guiding Opinions of the Supreme People’s Court on Promoting Quality Improvement, Efficiency Enhancement and Substantive Resolution of Contradictions and Disputes in Trial” (hereinafter referred to as the “Guiding Opinions”). There are 17 provisions in total. The following highlights are worth paying attention to by enterprises. Measures to improve the difficulty of filing cases The Guiding Opinions emphasize that in accordance with the requirements of the registration system for filing…

The laws and regulations related to safety production, such as the “Safety Production Law” and the “Law on the Prevention & Control of Occupational Diseases” and etc., clarify the discretionary scope of administrative penalties. On October 1, 2010, the “Regulations on the Application of Discretionary Administrative Penalties for Work Safety (Trial)” has further specified the principles regarding the application of the relevant laws. On November 1, 2023, the “Interim Provisions on the Discretion Benchmark for Administrative Penalty for Emergency Management” prescribes a relatively detailed discretion benchmark, and replaced the regulation as implemented since October 1, 2010. On November 1, 2024,…

For intellectual property rights holders, it is very difficult to prove the amount of compensation, due to the intangible nature of intellectual property. Regarding trademarks, the “Trademark Law” stipulates three methods for calculating compensation: loss to the rights holder, gains derived by the infringer, and statutory compensation. In addition, the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement” and the “Opinions of the Trademark Office of the State Administration for Industry and Commerce on Several Issues Concerning the Protection of…

The “Cybersecurity Law”, the “Data Security Law”, and the “Personal Information Protection Law” are the three fundamental laws in the field of information security. Based on those laws, the “Regulation on Network Data Security Management” further clarifies the relevant provisions, which has been be promulgated on September 24, 2024 and will come into effect on January 1, 2025. This regulation is very important and there are many points worth paying attention to. Due to space limitations, we only select those points related to network data processors. Requirements for Network Data Security Systems Regarding the technical measures, Article 9 of the…

On September 13th, 2024, the State Council issued the “Measures of the State Council on the Gradual Raising of the Statutory Retirement Age” (hereinafter referred to as the “Measures”), which will be implemented from January 1, 2025. The main content is as follows: Rules for the raising of the statutory retirement age Article 1 stipulates that, “As from January 1, 2025, the statutory retirement ages for male employees and female employees for whom the original statutory retirement age is 55 years old shall be delayed by one month every four months to the age of 63 and the age of…

The Supreme People’s Court has issued the “Several Provisions of the Supreme People’s Court on the Application of the Temporal Effect of the Company Law”(hereinafter referred to as the “Provisions”) regarding the legal retroactive effect of the revised provisions after the implementation of the revised “Company Law” on July 1, 2024. The “Provisions” clarifies that in principle, the previous “Company Law” shall be applied to the previous legal behaviors, except 5 categories of exceptions, which are as follows. Applying the revised “Company Law” is more conducive to the realization of the legislation purpose of the “Company Law”. The new regulations…

In 2013, the revised “Company Law” stipulates the subscribed capital system for limited liability companies. However, during the past 10 years, a large number of companies with inflated registered capital have emerged, which brought more commercial risks for business transactions. In order to deal with such risks, the “Company Law” was revised on December 29, 2023, and it stipulates that the registered capital should be fully paid within 5 years after the establishment of a company. In addition, the newly revised version also stipulates that for the companies already registered for establishment before this Law comes into force, if their…

Article 12 of the “Anti-unfair Competition Law” stipulates three types of internet unfair competition behaviors, which are traffic hijacking, malicious interference and malicious incompatibility. In addition, it also has a catch-all provision. Article 21 and 22 of the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-unfair Competition Law” furtherly prescribes the determination of traffic hijacking and malicious interference. However, with the development of online commercial behaviors, the above provisions could not solve the new problems. In view of this, the SAMR released the “Interim Provisions Against Unfair Competition in Cyberspace” on May 11,…

In 1985, China promulgated the “Regulations on Import and Export Duties”, which has undergone six revisions in nearly 40 years of implementation. In view that Article 11 of the “Legislation Law” stipulates that only laws can be formulated for the basic system of taxation, although the “Customs Law” stipulates duties, the specific duty rates and administrative management are mainly implemented in accordance with the “Regulations on Import and Export Duties”. In addition, with the development of market, especially the e-commerce, the original duties collection policy faces a huge challenge. Therefore, the 9th meeting of the Standing Committee of the 14th…