Legal Information

14 2026-10

Can the developer stop supplying the house if the buyer stops making payments for the pre-sale house?

Unauthorized suspension of supply will result in the bank pursuing debt collection and damaging one's credit record. The correct approach is to terminate the contract, check out of the house, and request a refund; report the matter to regulatory authorities or engage in collective negotiations; and exercise caution in resorting to suspension of supply.

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14 2026-10

Can I get my deposit back if my loan application is rejected?

The refund of the deposit when the loan is rejected depends on the reason: for reasons such as policy changes or other factors beyond the control of both parties, the deposit can be refunded based on the circumstances; for issues related to personal credit, it may be difficult to refund; and for contracts with loan clauses, the refund shall be conducted in accordance with the contract provisions.

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14 2026-10

Is the down payment given by parents considered a loan or a gift?

After marriage, if there is no clear agreement regarding the parents' contribution to the down payment, it shall be treated as joint property. Those who claim the loan must provide evidence such as promissory notes, while transfer records alone are difficult to determine the nature of the transaction.

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14 2026-10

How many days of paternity leave are there for men?

In Beijing, the male spouse is entitled to 15 days of nursing leave, with their salary and benefits remaining unchanged. The duration of nursing leave is regulated by local population and family planning regulations, and the number of days varies across different regions.

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14 2026-10

Do I have to choose between maternity leave pay and maternity allowance?

The maternity allowance and maternity leave pay are not overlapping: if the allowance is higher than the salary, it belongs to the employee; if it is lower, the employer will make up the difference. The two cannot be combined.

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14 2026-10

Do I need to pay severance pay when dismissing an employee during their medical leave period?

During the medical leave period, it is prohibited to dismiss employees without fault; if the employment contract is terminated after the medical leave period, the employer must give notice 30 days in advance or pay compensation in lieu of notice, in addition to providing economic compensation and medical subsidies.

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14 2026-10

The maximum length of the medical leave is limited to a few months

The medical leave period ranges from three to 24 months, depending on the employee's length of service, and may be extended for special diseases. During the medical leave period, the employee is protected against dismissal, and their salary must not be less than 80% of the minimum wage.

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14 2026-10

If I submit a sick leave note to my company, will it be considered as absenteeism?

Employees who submit formal sick leave certificates and go through the leave-requesting procedures will not be considered as absenteeism. If the company handles the situation as absenteeism on the grounds of sick leave, the employees can claim compensation for unlawful termination.

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14 2026-10

There were a few days of annual leave in the first year after I started working

In the first year of employment, the annual leave shall be calculated based on the proportion of the remaining calendar days, and employees will only be entitled to it after completing one year of service. The service years across different units can be accumulated and counted together.

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14 2026-10

How much does it cost per day if I don't take my annual leave?

Unused annual leave shall be calculated at 300% of the daily wage, including the normal wage, which is twice as much; and the annual leave of 5 to 15 days shall be determined according to the cumulative length of service.

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14 2026-10

Is it okay to work overtime on weekends without getting paid, but just being granted compensatory leave instead?

Overtime work on weekends (rest days) can be compensated with additional rest days as a priority. If additional rest days cannot be provided, the employer must pay double the wages. Refusing to pay on the grounds of "providing additional rest days" is illegal.

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14 2026-10

What is the multiplier for wages when working on a statutory holiday?

For statutory holidays, the overtime pay shall not be less than three times the wage and cannot be replaced by compensatory rest. For rest days, the overtime pay shall be twice the wage and may be compensated by rest. For working days, the overtime pay shall be 1.5 times the wage.

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14 2026-10

Can mutual debts be directly offset against each other?

The statutory set-off requires that the types and qualities of the subject matters be the same and that both debts be due. The set-off takes effect upon receipt of the notice, except for debts that are not eligible for set-off by their nature.

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14 2026-10

Is the transfer of the creditor's rights valid if the debtor is not notified of it?

The effectiveness of the transfer of creditor's rights against the debtor requires notification. If the notification fails, methods such as public announcement and service of process may be used; the transfer contract itself is effective upon its conclusion.

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14 2026-10

Is it effective to sell the creditor's rights to a collection company?

The creditor's right can be transferred to a collection company, and it will take effect after the debtor is notified; however, the transfer shall not change the content of the creditor's right, and the legal responsibility for violent collection shall be borne by the transferee.

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