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  • 2024-11-01
  • 4 minutes Read
Key points of a continuous buying and selling transaction

In practice, it is very common for a buyer to purchase products from the same supplier for many years. The characteristics of this transaction are continuous trading and continuous settlement. When there is a debt dispute, both parties may argue over the inconsistence of payment, or delivery and so on. The disputes stem from the following key points. Firstly, the agreement is unclear. Many parties may not have signed an agreement or a comprehensive agreement, or some orders have been missed, therefore, it is difficult for the plaintiff to find provisions to prove the agreement regarding acceptance, payment settlement, breach…

  • 2024-11-01
  • 3 minutes Read
Getting poisoned in the employer’s cafeteria shall be considered as a work-related injury or not?

Many companies set cafeterias for employees. If an employee gets poisoned after dining in the cafeteria, such illness or death shall be considered as a work-related injury or not? According to the “Reply of the Labor Insurance Department of the China Federation of Trade Unions on Labor Insurance Issues” (implemented on April 1, 1964), “If workers or employees have problems in the following situations with reliable proof, they can be treated according to work-related benefits: getting poisoned after dining in the unit’s cafeteria, which caused illness or death due to food poisoning, and the worker or employee shall not be…

  • 2024-09-30
  • 4 minutes Read
What should a creditor do if the debtor goes bankrupt? (2)

In the previous issue of ‘What should a creditor do if the debtor goes bankrupt? (1)’, we have analyzed the types of debt assets and the impact of whether the debtor has entered the litigation process on debt recovery. This issue will introduce various measures for safeguarding rights under special circumstances. Scenario 1: Creditors and debtors have debts toward each other. According to Article 40 of the “Enterprise Bankruptcy Law”, the creditor may propose to the administrator to set off the debt prior to the acceptance of the bankruptcy application. It should be noted that in order to avoid malicious…

  • 2024-09-30
  • 4 minutes Read
If a branch was deregistered, whether it could terminate the labor contracts with employees?

If a company was deregistered, the labor contracts between it and its employees shall be terminated. However, in practice, there is dispute regarding the termination of labor contracts where a branch was deregistered. Because according to the “Company Law”, a branch does not have the corporate capacity and its liability shall be borne by the company. The reason for this dispute is the different interpretations of Article 44 (5) of the “Labor Contract Law”. Article 4 of the “Implementation Regulations of the Labor Contract Law” stipulates that, a branch which has obtained a business license, is entitled to conclude labor…

  • 2024-09-02
  • 5 minutes Read
What should a creditor do if the debtor goes bankrupt? (1)

When an enterprise enters bankruptcy proceedings due to insolvency, the bankruptcy administrator will be responsible for distributing the remaining assets. As a creditor, normally, it could only declare its claim and wait for distribution, and the results of distribution are often unsatisfactory.   In fact, in regarding the type of a debt, the litigation status of related debt, etc., creditors may take more measures to recover more debts. (Note: This article will not mention the situation of bankruptcy of real estate development enterprises, as there are special regulations for this industry.) Firstly, to check whether the debt related property shall…

  • 2024-09-02
  • 4 minutes Read
How to reduce all employees’ salary?

Recently, “layoffs” or “salary cuts” frequently popped up on social media. Employers believe that they could independently determine the salary level of all employees according to Article 47 of the “Labor Law”, which prescribes that, “An employer shall, in light of the characteristics of its production and business operations and its economic benefits, independently determine its own salary distribution measures and salary levels.” Employees believe that the salary level could only be changed based on employees’ consent according to Article 35 of the “Labor Contract Law”, which prescribes that, “Upon negotiation and consensus between an employer and an employee, the…

  • 2024-08-01
  • 4 minutes Read
Whether invoices should be issued for liquidated damages ruled by courts?

In contract dispute cases, if a court determines that the defendant has breached the contract, it often orders the defendant to pay liquidated damages. Whether the plaintiff should issue an invoice for such liquidated damages? Firstly, for those who are ordered to bear compensation liability due to the fault of one party in the contract, since the contract has not been established, is invalid or revoked, which means the business has not actually occurred, the plaintiff should not issue an invoice. Article 29 of the “Implementing Rules for the Administrative Measures for Invoices” (2024 Edition) prescribes that, where an invoice…

  • 2024-08-01
  • 4 minutes Read
Whether an employer shall arrange the job duties of its employee whose medical treatment period has been expired?

According to Article 40 of the “Labor Contract Law”, an employer could unilaterally terminate the labor contract with its employee who suffers from an illness or a non-work-related injury and is unable to undertake the original job duties or other job duties arranged by the employer following completion of the medical treatment period. Literally speaking, there are two prerequisites, which are, the employee is unable to undertake the original job duties, in addition, the employee is unable to undertake the other job duties arranged by the employer. Generally speaking, the first prerequisite refers to an employee who still needs medical…

  • 2024-07-01
  • 4 minutes Read
What should creditors who apply for enforcement do in the event of failure of a judicial auction?

A creditor applies for compulsory enforcement, if the court discovers that the debtor has real estate, movable property, or other property rights (such as equity), the court would auction such properties. However, if auction fails in a judicial auction, what could creditors do? Whether those properties could be used to offset the debt? According to the relevant provisions of the ” Provisions of the Supreme People’s Court on Auctioning or Selling off Property by People’s Courts in Civil Execution (Amended in 2020)” (hereinafter referred to as the “Auction Provisions”), the process of a judicial auction is as follows: The court…

  • 2024-07-01
  • 4 minutes Read
Can you fire an employee who is chronically late?

On May 12, 2024, the All-China Federation of Trade Unions published an article titled as “A company fired an employee who was late 98 times with 2N compensation” ?!”. In this article, the company fired an employee who was late 98 times, however, both the Beijing Fangshan District People’s Court and the Beijing Second Intermediate People’s Court determined that such termination is illegal. This article has a ripple effect. Because the management of attendance is very important for enterprises, many of whom have stipulated punishment rules for being late and leaving early in their internal rules and regulations. If such…