Legal Information

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

24 2026-10

After the autopsy is completed, how long will it take to retrieve the body?

After the autopsy is completed, the family can usually retrieve the body within a few days, with the time limit subject to local regulations. The autopsy must be conducted within 48 hours after death (with the time extended to 7 days if the body is frozen) and with the consent of the next of kin. Even without an autopsy, the family can still seek legal protection against procedural damages.

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24 2026-10

Is it necessary to conduct a tender for construction projects?

Not all projects require bidding: only projects related to public interest and safety, using state-owned funds or foreign aid loans, and with a construction budget of over 4 million yuan, a cargo budget of over 2 million yuan, or a service budget of over 1 million yuan are subject to mandatory bidding. Private self-funded projects are generally not subject to such requirements.

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24 2026-10

Can I ask the general contractor to advance the unpaid wages for the project first?

Workers can legally demand that the general contractor pay off the unpaid wages first: the subcontractors' unpaid wages shall be paid off by the general contractor first and then recovered; the employer who violates the law of subcontracting shall be responsible for the unpaid wages within the scope of the unpaid wages, and this is a statutory obligation rather than a voluntary advance payment.

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24 2026-10

Who should the migrant workers turn to if the contractors default on their wages?

If the contractor defaults on the wages of migrant workers, they can claim against the contractor, the general contractor, and the employer: the general contractor shall first pay off the unpaid wages to the subcontractors, and the employer shall bear responsibility within the scope of the unpaid wages if the subcontracting is illegal. They can also file a complaint or initiate arbitration.

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24 2026-10

How is the interest on the project payment owed by the employer calculated?

If the employer defaults on the project payment, the unpaid interest is a statutory accrual: if there is an agreement, the interest shall be calculated according to the agreement; if there is no agreement, the interest shall be calculated according to the interest rate of the same period loan or LPR, starting from the date the project payment is due. It is recommended to fix the settlement and del...

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24 2026-10

How to claim compensation for the losses caused by the delay in the construction period?

The losses due to the delay in the construction period shall be claimed by the responsible party as follows: If the delay is caused by the employer, the employer may claim compensation for the losses due to the delay in the construction period and the extension of the construction period in accordance with Articles 803 and 804 of the Civil Code; if the delay is caused by the contractor, the contra...

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24 2026-10

Can I request payment for the project if the completion acceptance fails to meet the requirements?

The completion acceptance is not automatically exempt from payment if it is not qualified: If the employer uses the project without authorization, it is considered as completed, and the contractor can claim the corresponding payment; If there are only partial defects, the contractor has no right to refuse to pay in full, and if the project is fundamentally unqualified, the contractor shall bear th...

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24 2026-10

The employer has been delaying the settlement process. What should I do?

If the employer delays the settlement, the contractor may first send a letter to urge the employer to settle the account and fix the evidence; if the contract stipulates that the employer's failure to respond within the time limit shall be deemed as an acceptance, the contractor may claim the settlement price according to the submitted settlement price; and the contractor may exercise the right of...

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24 2026-10

Can the unsigned project visa form be used as the basis for settlement?

In principle, the unsigned project visa form cannot be used directly as a basis for settlement, but it can be combined with the progress payment application form, supervision records, and other evidence to form a closed loop for the court to determine; documents with the signatures of the project manager and the department have stronger evidentiary value.

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24 2026-10

How long is the period of priority compensation rights in construction projects?

The right of priority compensation for construction project prices shall be valid for a maximum of eighteen months, starting from the date on which the employer shall pay the project price. This right shall take precedence over ordinary creditor's rights and mortgage rights, but shall not be enforceable against consumers who have paid the full or most of the housing purchase price.

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24 2026-10

How to distinguish between project subcontracting and illegal subcontracting?

Subcontracting refers to the transfer of the entire project or its components, with the original contractor relinquishing control; illegal subcontracting refers to subcontracting to unqualified units, outsourcing the main body of the project, or further subcontracting. Both situations result in the contract being invalid, and the actual constructors can legally claim the unpaid project fees.

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24 2026-10

Can the unit terminate the non-compete agreement if it fails to pay compensation?

If the employer fails to pay the economic compensation for non-competition within three months, the employee may request to rescind the non-competition agreement. According to Article 38 of the First Judicial Interpretation, if the employer fails to pay the compensation for three months due to the employer's reasons, the employee has the right to legally free himself from the non-competition oblig...

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24 2026-10

Can I claim breach of contract if I haven't signed a non-compete agreement?

If no non-compete agreement has been signed, the employer cannot claim that the employee has breached the contract. The non-compete obligation must be agreed upon in writing. The employer can only agree to the non-compete obligation with those who are obliged to keep confidentiality and pay compensation; if there is no agreement, there will be no breach of contract penalty, but the employee can be...

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24 2026-10

Is it legal to deduct wages for taking leave for prenatal checkups?

It is illegal to deduct wages for taking leave for prenatal checkups, and the time spent on prenatal checkups should be counted as working hours. According to the Special Regulations on Labor Protection for Female Workers and the Law on the Protection of Women's Rights and Interests, employers are not allowed to deduct wages or dismiss female employees due to pregnancy. Female employees can apply ...

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