Legal Information

09 2026-10

Is there any legal risk in buying a house under someone else's name?

There are high risks in buying a house under someone else's name: the agreement may be invalid due to evading policies or violating public order and good customs, and the nominal owner may dispose of the property without authorization, making it difficult to recover if the third party acted in good faith; the actual rights holder needs sufficient evidence to be registered as the owner.

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09 2026-10

Is the purchase restriction qualification not in accordance with the contract valid?

The purchase restriction does not necessarily invalidate the contract, but it is difficult to transfer the ownership and easy to bear the liability for breach of contract; borrowing a name to evade the purchase restriction may be invalid due to violating public order and good customs, and the key is whether the borrowing of the name is in the public interest.

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09 2026-10

If the school district quota has been filled, can I check out of the hotel?

Whether the buyer can withdraw from the contract if the school district quota is occupied depends on the contractual provisions and whether the seller has committed fraud; if the school district quota is hidden or occupied as a transaction condition, the buyer can rescind the contract, request a refund, and seek compensation. The key lies in the evidence of the contract and the seller's promises.

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09 2026-10

Do sellers of haunted houses have to disclose this information?

The seller of a haunted house has a disclosure obligation based on the principle of good faith; if the seller knows about the unnatural death but conceals it, it constitutes fraud, and the buyer can rescind the contract, return the purchase price, and claim compensation. The key is to prove that the seller knew about it and failed to disclose the information.

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09 2026-10

Can I claim compensation if the seller conceals water leakage in a second-hand house?

If the seller conceals water leakage in a second-hand house, the buyer can claim to rescind the contract, return the purchase price, and claim compensation for losses; according to the provisions of the Civil Code on the guarantee of quality defects and the rescission of fraudulent contracts, the key is to prove that the seller knew about the problem but failed to inform the buyer. It is recommend...

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09 2026-10

Can the seller terminate the contract if he conceals the fact that the house is mortgaged?

If the seller conceals the fact that the house is mortgaged or sealed up, making it impossible to transfer ownership, this constitutes a fundamental breach of contract or even fraud. The buyer can rescind the contract, return the down payment, and claim compensation. It is recommended to first check the property records and preserve the assets.

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09 2026-10

Is the tax on a house that has been owned for five years the lowest?

The "five-year rule" usually results in the lowest tax burden: no personal income tax or value-added tax is levied; however, the deed tax is still paid according to the area and number of units, which is not a zero tax. The assessment is based on the property appraisal and the family's housing situation.

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09 2026-10

How is overtime pay calculated for piece-rate wages?

For piece-rate workers who extend their working hours after completing their quotas, overtime pay shall be paid at not less than 150%, 200% and 300% of the piece-rate unit price; the piece-rate system does not exempt them from the obligation to work overtime.

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09 2026-10

Does the minimum wage include overtime pay?

The minimum wage does not include overtime pay. According to the "Regulations on Minimum Wage", overtime pay, special allowances, and welfare benefits are not included in the calculation of the minimum wage. Employers are not allowed to offset the minimum wage with overtime pay.

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09 2026-10

Can non-payment of wages directly lead to the termination of the employment contract, and is compensation required in such cases?

If an employer fails to pay wages or fails to pay social insurance premiums, the employee may lawfully terminate the employment relationship and claim economic compensation, which shall be calculated based on the length of service; the employer must notify the employee in writing of the statutory grounds for termination and retain evidence thereof.

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09 2026-10

How to protect one's rights if the company fails to pay wages on time?

The unpaid wages can be negotiated, and complaints, arbitration, litigation, and enforcement can be monitored. If the employee is forced to terminate the employment contract due to unpaid wages, they can claim economic compensation, and if the employer still refuses to pay, the employee can demand additional compensation.

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09 2026-10

Is it illegal if the employer refuses to show the employee their pay slip?

The unit must record and keep the wage payment vouchers in writing for more than two years and provide them to the workers. Refusing to provide them violates the "Interim Regulations on Wage Payment", and the unit shall bear the burden of proof in the event of a dispute.

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09 2026-10

Is it considered an open-ended contract if no contract has been signed for more than a year?

If an employee has worked for the employer for one year without signing a contract, it shall be deemed that a non-fixed-term contract has been concluded, and the employee may claim double wages for the period from one month to 11 months before the expiration of the contract. The employer shall not raise any objection to the non-signing of the contract anymore.

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09 2026-10

What is the maximum number of months for which double pay compensation can be awarded?

For employees who have not signed a written labor contract, the maximum amount of double pay is 11 months, calculated from the day after they start working to the day before their one-year anniversary; after one year, the contract is considered to have no fixed term, and the employee can still claim double pay for 11 months.

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09 2026-10

Is there any compensation for being arbitrarily dismissed during the probationary period?

During the probationary period, the employer is not exempt from liability. Unjustified dismissal during the probationary period is an illegal termination, and the employee can claim compensation (twice the amount of economic compensation). The economic compensation is calculated based on the employee's length of service, and the employer must provide evidence to prove that the employee does not me...

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