Legal Information

Firm news, insights on new laws, and frequently asked questions.

30 2026-9

Is an injury sustained while being rehired after retirement considered a work-related injury?

Whether the injury sustained after being re-employed after retirement is recognized as a work-related injury depends on the nature of the employment relationship. If the retiree has already received a pension, the compensation for personal injury will be handled in accordance with the labor relationship; if the elderly migrant workers meet the conditions, they can still be recognized as work-relat...

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30 2026-9

Can I refuse the company's job transfer and salary reduction?

The company's unilateral adjustment of job positions and salary reductions requires the consent of both parties to be effective. According to Article 35 of the Labor Contract Law, if there is no reasonable basis for a significant salary reduction, the employee can refuse and request arbitration to restore the original salary or claim compensation.

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30 2026-9

How is the salary calculated during a work-related injury period?

During the period of work-related injury, the employer shall pay the employee's salary and benefits at the original level during the period of suspension of work and leave with pay, and the payment shall be made on a monthly basis. According to Article 33 of the Work-Related Injury Insurance Regulations, the period of suspension of work and leave with pay shall generally not exceed 12 months. It i...

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30 2026-9

Do they still pay the year-end bonus after an employee leaves the company?

Whether an employee can claim the year-end bonus after resignation depends on the provisions of the contract and the company's rules, as well as whether the employee has met the performance targets. To determine the legality of the bonus system, refer to Article 4 of the Labor Contract Law. If the conditions are met, the employee can seek arbitration to recover the bonus, but they must note that t...

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30 2026-9

How to provide evidence if overtime work is not paid overtime wages?

If overtime work is not paid, employees should keep the overtime notice, attendance records, and salary records. According to Article 6 of the Labor Dispute Mediation and Arbitration Law and Article 42 of the Judicial Interpretation (I), the burden of proof should be allocated to the employer. If no agreement can be reached through consultation, the employee should promptly initiate arbitration pr...

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30 2026-9

Is it legal to dismiss an employee who gets pregnant during the probationary period?

During the probationary period, the employer shall not dismiss the employee on the grounds of pregnancy; dismissing the employee solely on the grounds of pregnancy or on the grounds that the employee fails to meet the requirements during the probationary period is an illegal termination. Female employees may apply for arbitration to claim compensation or continue to perform their duties.

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30 2026-9

Can I demand a lump-sum repayment if I default on installment payments?

The installment repayment contract stipulates that if there is a default in any installment, all the remaining installments will be accelerated to maturity, and the creditor may require the debtor to repay the entire amount in one go when the payment is overdue. If there is no such stipulation, the creditor may also claim early repayment in accordance with the provisions on anticipated defaults.

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30 2026-9

Are gambling debts protected by law?

Gambling debts are illegal debts and are not protected by law. Loans made through gambling violate public order and good customs and mandatory regulations, and the court will not support them. However, those loans that are actually legitimate but disguised as gambling debts need to be identified and verified.

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30 2026-9

Who will repay the debt if the debtor passes away?

The debtor's death does not automatically extinguish the debt. The creditor may claim repayment from the debtor's heirs within the actual value of the inherited estate. If the debt is a joint debt of the couple, the surviving spouse should also repay it jointly.

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30 2026-9

How to hold multiple partners accountable for unpaid debts?

When multiple partners owe money together, they can jointly sue all partners to claim joint and several liability, and hold them accountable in accordance with the provisions of the Civil Code on partnership contracts and joint debts. It is necessary to secure a partnership agreement and evidence of account reconciliation, and apply for property preservation.

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30 2026-9

What is the difference between a promissory note and a debt note?

A promissory note proves the lending relationship, while a debt note proves that the debt has been settled. The statute of limitations for the two types of notes starts at different times. It's more secure to write a promissory note for a loan and a debt note for an unpaid debt, and to specify the cause and repayment period in the notes.

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30 2026-9

How to recover the transferred property from a debtor?

The debtor can exercise the right of revocation in accordance with Articles 538 and 539 of the Civil Code to recover the transferred property. The debtor must file a lawsuit and apply for preservation within one year after knowing the grounds for revocation and within five years after the act occurred.

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