How Important Leave Request Procedure Is?

Due to the bone hyperplasia, Jia submitted the application for sick leave and proofs to the department head. The department head approved the application, but the HR department refused to approve, because proofs did not meet the requirements, and the general manager did not approve as well. Later, the company dissolved the labor contract with Jia, by the reason that…

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Financing Leasing vs Operating Leasing

Zhu and Company Y signed a financing leasing contract, in which both parties agreed that Zhu would purchase a set of equipment and lease to Company Y, after the lease expired, if Company Y could pay off the financing principal and the lease fee, then the set of equipment should belong to Company Y, otherwise, the lease period shall be…

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How to Deal with the Employees’ Complaints on the Internet?

Lau did not get the year-end bonus, because his year-end assessment was poor. He complained about the poor welfare in the company’s WeChat group, and encouraged other employees to strike. The company dissolved the labor contract by the reason that Lau had made mischief. But the company lost in the labor arbitration. Withe the popularity of the Internet, some employees…

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Dispute Resolution Clause is Easy to be Ignored

A Nanjing company and a Harbin company entered into a sales contract, in which the dispute resolution clause was stipulated as “any disputes arising from this contract shall be settled by the Arbitration Institution of Jiangsu Province”. Later then, the Harbin company failed to pay on time, the Nanjing company applied for arbitration to the Nanjing Arbitration Institution, but it…

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When the Probation Period Encounters the Medical Treatment Period

Chen and Company A entered into a labor contract, in which the term of the contract was prescribed as 1 year, and the probation period was 1 month. During the probation period, Chen got sick, and the hospital issued a 6months sick leave. Company A dissolved the labor contract by the reason that Chen was unhealthy and did not meet…

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Be Dismissed for Discipline Violations, whether a Lump-sum Disability Employment Subsidy shall be Paid?

Chen’s toes were bruised while operating a machine in the workshop, and he was ascertained to have suffered from work-related injury. After the treatment, Chen returned to work. Later, he was dismissed for discipline violations. Chen required the company to pay the lump-sum disability employment subsidy (“Subsidy”), the company refused to pay with the excuse that he had violated the…

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Risks and Prevention Actions Related to the Land Use Right

Company A participated in an investment promotion event, the township government promised to provide many preferential policies in the land price, taxation discount and etc.. Both parties reached an agreement on purchasing 500 acres of land use right, and Company A paid the price. Unexpectedly, the land was not only a collectively-owned land, but also a reclaimed land, Company A…

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“Personal information security specification” will be implemented from 1st May 2018

The Standardization Administration of China has released the “Personal information security specification” (GB/T 35273-2017), which will be implemented from 1st May 2018. Although GB/T 35273-2017 is a recommended national standard, in July 2017, CAC, MIIT, MPS and several other departments had conducted a joint action on the personal privacy, this action took the draft of GB/T 35273-2017 as the guideline.…

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To Prevent Patent Infringement in ODM

A well-known domestic air-conditioning brand company A likes the products designed by an air-conditioning manufacturer company B. Both parties agreed that company B will design and manufacture products with the brand of company A, and company A will sell the product. Unexpectedly, when company A is selling the product, company C believes the product has infringed its patent, and brings…

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Can We Set Time Limits for the Personal Leave?

In Company A, many employees asked for leave frequently. What’s worse, some of those employees had asked for personal leave accumulated to more than 60 days in 1 year. In 2015, Company A amended the “Employee Handbook”, in which it stipulated that the accumulated personal leave should not exceed 10 days in 1 year, otherwise the employee would be deemed…

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