Archive

The 2021 Spring Festival is approaching, but the epidemic becomes severer in many cities. Almost all the local governments have called on citizens to stay at their current cities during the Spring Festival, many universities have announced that students could leave the campus upon the approval of the universities. In view of the reactions of local governments and universities, considering…

Company Y required Company X to construct an E system, and provide maintenance services. Based on Y’s requirement, in the contract, both parties agreed that X’s staffs could only communicate and send documents by using the mailboxes provided by Y, and X’s staffs could not copy, or forward to other mailboxes. During the implementation of the contract, X’s staffs forwarded…

Mr. L joined company S in October 2012, and did not inform S of his medical treatment history. In 2016, S found L had been identified as a grade 8 labor dysfunction. S believed that L’s labor contract was concluded by use of fraudulent, so S terminated the labor contract. A dispute arised. In practice, if an employee conceals medical…

In May 2019, Zhang borrowed 100,000 CNY from Lee for purchasing an apartment. Zhang issued an IOU, in which Zhang promised to repay in 1 year. Later, due to the epidemic, Lee was afraid that he would not able to recover the debt on the due time; he planned to ask Zhang to repay earlier. Lee went to Zhang’s home,…

Lee had worked for 11 years, and was diagnosed with lung cancer after he had joined the new company for less than 1 year. Lee took sick leave. The company decided that Lee’s medical treatment period (hereinafter referred to as the “Period”) should be 6 months which is calculated in accordance with his working years. However, Lee insisted that his…

Company B is a large-scale multinational motorcycles enterprise, which has registered several trademarks with English characters “HONDA” and relevant graphics, in the 12th trademark category in China in 1988 and 1998. An overseas Company M commissioned a domestic Company H to manufacture motorcycle parts marked with “HONDAKIT”, and those parts would be exported to Myanmar. To be noted that Company…

Article 39 of the "Labor Contract Law" stipulates that where an employee has committed a serious breach of the employer's rules and regulations, the employer could unilaterally terminate the labor contract without any compensation. According to this article, if an employer has listed the behaviors which shall be determined as a serious breach, then will the employer unilaterally terminate the…

An automatic renewal clause is very common in the commercial contracts, in which the parties plan to keep a long-term cooperation, such as strategic cooperation agreements, lease contracts, intellectual property licensing agreements, and so on. Normally, such clause is a standardized clause, and many companies are used to ignore it. Take the case (2019) Jing 0108 Min Chu No. 22059…

We have discussed the salary for suspension in the last issue, and this time the topic is the period for suspension. When an employee is involved in a violation of internal rules and regulations, or suspected in a violation of laws and regulations, the employer may require the employee to be suspended for investigation; and the suspension period is determined…

Company T sued Company E for trademark infringement. T required E to stop the infringement, compensate for the losses, in addition, it required E to publish an apology in its local newspaper. If the court held that E had infringed T’s trademark, whether it would support T’s request for an apology? The answer is negative. The “Patent Law” has listed…