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…
Read MoreOn 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…
Read MoreNowadays goods are being updated frequently. Consumers don’t have any trouble with the updated FMCG, however, there are troubles with those updated durable consumer goods (“DCG”), such as appliances. Because consumers may need components and parts for the maintenance and repair of DCG. Therefore, the manufacturer shall pay attention to two issues, 1) how long should components and parts be…
Read MoreAccording to the “Administrative Provisions on Employment of Foreigners in China” (hereinafter referred to as the “Provisions”), an employer hiring a foreigner shall apply an employment permit for the said foreigner. Many provinces and cities require the employer to provide a labor contract with the foreign as stipulated in Article 17 of the “Provisions” for applying the employment permit. However,…
Read MoreCompany A had three legal person shareholders, one of which was deregistered without notifying A. Due to the absence of this shareholder, and the director appointed by it, A faced many challenges, including the effectiveness of resolutions of the shareholders' meeting and the board of directors, as well as the procedures for business registration, and etc. With the slowdown of…
Read MoreLau works as a packaging worker at a company in Dongguan. On October 13, 2017 at 21:22, Lau got off work. On the next day at 8:00, Lau's wife contacted Lau's supervisor to ask for a sick leave on his behalf. Lau went to the hospital for medical treatment. At 11:30, Lau was lack of consciousness, and died due to…
Read MoreRecruiting talent through headhunting companies is an important way for many companies. However, disputes arising from headhunting agency services are not rare in practice. How can we reduce such risks and take preventive measures? Firstly, we have to figure out the common causes of such disputes. In practice, the causes could be mainly classified into the following categories: The first cause is the "collision…
Read MoreJia and Company A, a Beijing company, signed a labor contract which expired on Feb. 16,2016. After the expiration, Jia was arranged by Company A to sign a 3-years labor contract with Company B, a wholly-owned subsidiary of Company A. During the implementation of the contract with Company B, Company A sold its share to a third party. Before the expiration…
Read MoreThe 12th Amendment to the “Criminal Law” was reviewed and approved by the Standing Committee of the National People's Congress on December 29, 2023, and will come into effect on March 1, 2024. This revision will bring a significant impact on anti-fraud policies of foreign-funded enterprises. To add liabilities to the crime of offering bribes, which may curb this crime,…
Read MoreGenerally speaking, an employer should complete the social insurance registration for new employee from the date of employment, by which can avoid the risk that the employer has to bear all liabilities when a new employee suffers a work-related injury before the employer completes the registration (referred to as the “gap period”). However, in practice, different companies have different practices.…
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