Legal Information

25 2026-9

What taxes do I need to pay when transferring inherited property?

For legal inheritance transfers, no deed tax is required, but a stamp duty of 0.05% and registration fees must be paid. For bequests, deed tax must be paid. If the inherited property is resold after two years, no value-added tax is required; if it is resold after five years and is the only property owned by the buyer, no personal income tax is required. The time period is calculated based on the c...

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25 2026-9

Are the fines imposed by the company's rules and regulations legal?

After the repeal of the "Regulations on Rewards and Punishments for Enterprise Employees" in 2008, the enterprise has no legal authority to impose fines. Most of the fines clauses are deemed invalid and can be claimed back. Legal alternatives include performance bonuses and compensation for losses, with deductions not exceeding 20% of the monthly salary.

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25 2026-9

Is it legal for the company to deduct wages when an employee resigns?

When an employee leaves the company, their salary should be paid in full at once; any statutory deductions or withholdings must be based on legal provisions. Compensation for losses should not exceed 20% of the employee's monthly salary and should not be less than the minimum wage. The statute of limitations for claiming rights is one year. If the employer fails to pay the compensation within the ...

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25 2026-9

Can I still claim compensation if my work-related injury recurs?

If it is confirmed that the recurrence of the work-related injury requires treatment, the employee shall continue to enjoy medical treatment, assistive devices, and work-related injury compensation in accordance with Article 38 of the "Regulations on Work-related Injury Insurance"; if the employee's disability status changes after one year, they may apply for a review and appraisal, and the statut...

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25 2026-9

How is the salary calculated when an employee resigns without taking their annual leave?

When an employee resigns, any unused annual leave shall be calculated based on the number of days that have passed in that year, and any unused leave less than one full day shall not be counted. For unused leave that should have been taken, the employer shall pay 300% of the daily wage, which includes the normal wage, i.e., an additional 200%. The statute of limitations for claiming compensation i...

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25 2026-9

How to protect one's rights if being dismissed by the company during pregnancy?

Female employees in the third trimester are subject to special protection. If they are unlawfully dismissed, they can claim to continue the contract or seek compensation of twice the economic compensation. The arbitration statute of limitations is one year. If the contract expires during the pregnancy period, it shall be extended until the circumstances of the third trimester disappear, at which p...

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25 2026-9

Is there any financial compensation if the labor contract expires and is not renewed?

For the economic compensation payable by the employer when the contract expires and the employer does not renew the contract, one month's salary shall be paid for each completed year of service; where the service period exceeds six months but is less than one year, it shall be calculated as one year; and where the service period is less than six months, half a month's salary shall be paid. The sta...

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25 2026-9

How should joint debts of a couple be handled during the enforcement phase?

The execution basis determines that, in principle, the spouse will not be directly added as a defendant when one party is identified. The joint debts need to be confirmed through separate litigation. The shared property can be executed for its share, and the division in the divorce agreement cannot be used against the creditor. The application period for enforcement is two years.

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25 2026-9

Can the lawyer's mediation agreement be enforced?

The court's mediation document becomes effective upon its receipt and can be directly applied for enforcement; the lawyer's mediation agreement can be enforced after being judicially confirmed or notarized. The period for applying for enforcement is two years. It is advisable to stipulate that in the event of a breach of contract, all remaining payments shall become due immediately.

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25 2026-9

What materials are needed to apply for enforcement against someone who refuses to repay a debt?

The execution application requires five types of materials: an application form, effective documents and certificates, main materials, property clues, and service confirmation. The process takes two years, and the interest rate is 1.75% per day, doubled during this period.

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25 2026-9

If the borrower absconds, can the money still be recovered?

If the borrower cannot be contacted, a default judgment can be served by public announcement, and the enforcement period is two years; the statute of limitations is three years, and the collection is interrupted; and within one year after the transfer of property, the borrower can apply for revocation and recovery.

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25 2026-9

How to standardize the chaotic contract management in the company?

The five stages of contract management are: template, approval, stamping, ledger, and reconciliation; the statute of limitations for creditor's rights is three years, and the chain of performance certificates determines the outcome of litigation. It is recommended to conduct an annual compliance check of contracts.

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25 2026-9

Can I send a lawyer's letter to a client who is in arrears on payment for goods?

Sending a lawyer's letter can urge payment and interrupt the three-year statute of limitations; first check the account and then send the letter, with a time limit of seven to fifteen days. If the payment is not made by the due date, we will file a lawsuit to preserve the evidence and claim interest on overdue payments according to the LPR rate.

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25 2026-9

How can the right to visit be enforced?

The right to visitation can be enforced by applying for a compulsory execution based on a valid document, with a time limit of two years. The court may order the performance of the obligation, impose a fine, or detain the other party. However, the court shall not enforce the obligation on the children's person. If the other party obstructs the visitation for a long time, the party concerned may fi...

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25 2026-9

What should I do if the promissory note and the transfer record don't match?

The promissory note defines the agreement, and the transfer of funds defines the delivery. The principal shall be determined based on the actual amount received. The withheld interest shall be calculated according to the actual amount lent as stipulated in Article 670 of the Civil Code. Even with just the transfer receipts, one can still file a lawsuit based on the Judicial Interpretation on Priva...

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