Legal Information

09 2026-10

If the company doesn't approve sick leave, does it count as absenteeism?

For those who have a formal diagnosis certificate and have gone through the leave application procedures, the unit shall not refuse to approve sick leave without a valid reason; failing to report to work after being rejected does not constitute absenteeism, and terminating the employment contract during the medical period is illegal. The employee can claim double economic compensation.

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09 2026-10

How is the annual leave calculated for new employees in their first year of employment?

For new employees who have worked continuously for 12 months, their annual leave in that year will be calculated based on the number of remaining calendar days divided by 365. Any fraction of a day will not be counted. The length of service corresponds to 5 days, 10 days, and 15 days, and employees can claim 300% of their salary for any unused leave days.

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09 2026-10

Can overtime work on weekends be compensated with additional rest days instead of being paid in cash?

On rest days, overtime work can be arranged for compensatory rest in priority. If compensatory rest is not available, the employer shall pay overtime wages not less than 200% of the employee's regular wage; the compensatory rest should be commensurate with the duration of overtime work, and overtime work on statutory holidays cannot be replaced by compensatory rest.

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09 2026-10

How is the overtime pay calculated for statutory holidays?

For overtime work on statutory holidays, the compensation shall not be less than 300% of the daily wage and cannot be replaced by compensatory leave. The daily wage shall be calculated by dividing the monthly wage by 21.75 days. There are 13 statutory holidays in a year, and the claim for compensation can be pursued through arbitration within the statute of limitations.

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09 2026-10

Does the irregular working hours system still require overtime pay?

The irregular working hours system must be approved by the labor administrative department. Those who have been approved do not need to pay overtime fees; those who have not been approved must still pay overtime fees according to the standard working hours. The overtime fees can be verified by checking the approval documents and attendance records, and claims can be made through arbitration within...

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09 2026-10

How is overtime calculated under the comprehensive working hour system?

The comprehensive working hours shall be calculated based on the total amount of the cycle: for the part exceeding the statutory standard working hours within the cycle, the overtime pay shall be calculated at 150%; for attendance on statutory holidays, the overtime pay shall be calculated at 300%; and for attendance on ordinary rest days, the overtime pay shall not be calculated separately at 200...

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09 2026-10

How to enforce the judgment against a debtor who has no assets?

The debtor has no property to apply for online investigation and control, credit restriction, adding unpaid shareholders, and initiating a lawsuit for revocation of rights; if there is really no property, the enforcement can be resumed at any time after the final settlement; and the erroneous addition of parties will be revoked and the enforcement will be reversed.

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09 2026-10

Is it still possible to reach a settlement during the execution phase?

During the enforcement phase, the parties may reach a settlement on their own, changing the amount and method of performance. According to the Judicial Interpretation on Enforcement Settlement, if one party fails to perform the settlement, they may apply for resuming the enforcement of the original judgment or file a separate lawsuit, choosing one of the two options. The resumption of enforcement ...

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09 2026-10

Is the transfer of a creditor's right to a third party effective?

The principle of creditor's rights transfer is effective: According to Article 545 of the Civil Code, it can be transferred in whole or in part without the debtor's consent; according to Article 546, the debtor should be notified, and the transfer will not take effect without notification; the transferee may sue or apply for a change of the executor based on the transfer agreement.

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09 2026-10

How much does it cost to file a lawsuit for the right of withdrawal?

The acceptance fee for creditor's right of revocation cases shall be charged at 50 to 100 yuan for non-property cases or paid in installments according to the amount of the subject matter, subject to the court's approval; according to Article 540 of the Civil Code, the necessary expenses shall be borne by the debtor, and the right of revocation must be exercised within one year from the date when ...

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09 2026-10

How to file a subrogation lawsuit?

A subrogation lawsuit must meet three conditions: the creditor's claim has matured, the debtor has neglected to exercise his rights, and the claim is not exclusive (Article 535 of the Civil Code); the case shall be under the jurisdiction of the court where the counterparty resides, and after winning the lawsuit, the counterparty shall directly perform his obligations to the creditor.

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09 2026-10

Can creditors directly deduct the debtor's salary?

Creditors do not have the right to deduct and transfer the debtor's wages without authorization. Such unauthorized deduction may constitute an infringement of rights. The court shall enforce the deduction after the creditor files a lawsuit for preservation of evidence. When deducting and transferring the wages, the court shall reserve the necessary living expenses for the debtor and the dependents...

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09 2026-10

What is the difference between a pledge and a mortgage?

The core difference between pledge and mortgage lies in whether the possession is transferred: the real estate mortgage right is established upon registration (Article 402 of the Civil Code), and the movable pledge right is established upon delivery (Article 429); real estate can only be mortgaged and cannot be pledged, and both can be prioritized for compensation.

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09 2026-10

What will the bank do if you default on the mortgage and fail to repay the loan?

After the mortgage default, the bank handles it according to the process of collection, declaring the loan as prematurely due, negotiation, and realizing the mortgage right; according to Article 410 of the Civil Code, the bank can request the court to auction and sell the mortgaged property and obtain priority compensation. It is recommended to negotiate an extension as soon as possible after rece...

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09 2026-10

What can land expropriation compensation lawyers do for farmers?

Land expropriation compensation lawyers can represent farmers in reviewing the expropriation procedures, correcting wrong property appraisals, applying for information disclosure, and initiating review litigation; in accordance with the principle of fair compensation in Article 48 of the Land Management Law, review requests can be submitted within 60 days, and lawsuits can be filed within six mont...

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