Legal Information

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

24 2026-10

How long of a maternity leave can I take after a miscarriage?

According to the special provisions on labor protection for female workers, women who miscarry before the fourth month of pregnancy are entitled to 15 days of maternity leave, and those who miscarry after the fourth month are entitled to 42 days of maternity leave. During this period, the wages shall be paid by the maternity insurance or the employer in accordance with the regulations.

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24 2026-10

Is breastfeeding time considered working hours?

For female employees who are breastfeeding infants under the age of one, the employer shall arrange one hour of breastfeeding time during the working hours each day. For multiple births, an additional hour shall be added for each additional child. The breastfeeding time shall be counted as working hours, and the wages shall be paid as usual.

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24 2026-10

Do male employees get paternity leave?

Male employees in Beijing are entitled to 15 days of paternity leave (care leave), which must be taken during the spouse's pregnancy. During this period, their salary will be paid as usual and their welfare benefits will remain unchanged; the employer is not allowed to deduct or refuse to approve it.

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24 2026-10

How many days of maternity leave can female employees take?

According to national regulations, the maternity leave lasts 98 days, and Beijing extends the maternity leave by 60 days, totaling 158 days; in the case of difficult delivery, the maternity leave is extended by 15 days, and for multiple births, an additional 15 days are added for each additional baby. During the maternity leave, the salary is paid by the maternity insurance or the employer.

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24 2026-10

How should a company compensate a pregnant employee who is dismissed by the unit?

If the unit illegally dismisses female employees during their pregnancy, childbirth, or breastfeeding periods, it shall pay compensation equal to twice the standard of economic compensation (2N) in accordance with the Labor Contract Law. The employee may demand the continuation of the contract or seek compensation, but must promptly secure evidence and file for arbitration.

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24 2026-10

Can female employees during pregnancy refuse to go on business trips?

During pregnancy, female employees can, in accordance with the "Special Regulations on Labor Protection for Female Employees", refuse to perform tasks that are contraindicated during pregnancy or involve excessive labor, and have the right to refuse assignments that are clearly detrimental to their health. The employer shall not reduce their salary or dismiss them for this reason. If the dismissal...

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24 2026-10

After the intermediary facilitates the transaction, who pays the commission?

If the agent facilitates the conclusion of the contract, the principal shall pay the remuneration as agreed; if the agent fails to facilitate the conclusion of the contract, the agent shall not request the remuneration, but may request the necessary expenses. The subject of the obligation to pay the commission is usually the principal, as agreed in the intermediary contract. In the case of second-...

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24 2026-10

Who should I ask for the payment for the subcontracted project?

The subcontracted project funds can be claimed from the subcontractors and illegal subcontractors in turn; the actual constructors can claim from the employers within the scope of the employers' unpaid project funds. Although the subcontracting contracts are illegal and invalid, the settlement of project funds is still protected by law. It is recommended to fix the evidence and apply for preservat...

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24 2026-10

Does the engineering visa form count as valid if it's not signed?

An unsigned visa form is not necessarily invalid. Its evidentiary value depends on whether it can be corroborated by other evidence such as contracts, construction records, and supervision logs. Disputes over project quantities shall be confirmed by written documents of the construction process, and in the absence of a visa, the disputes can be determined based on other evidence.

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24 2026-10

Can the contractor demand interest payment for construction funded by advance payments?

For the construction funded by advance payment, the contractor may claim interest or fees for the use of funds. If there is an agreement, the interest or fees shall be calculated according to the interest rate of similar loans or the loan market quotation rate during the same period from the date the project payment is due. If there is no agreement, the interest or fees shall be calculated accordi...

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24 2026-10

How to claim the unpaid warranty deposit when it's due?

The quality guarantee deposit shall be returned if there are no quality issues upon the expiration of the defect liability period (up to two years); if it is not returned upon expiration, a letter of reminder and lawsuit shall be initiated to claim interest, priority of compensation, and enforcement of the judgment.

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24 2026-10

What should I do if the employer keeps delaying the settlement of payments?

If the employer delays the settlement, the contractor shall send a written reminder and keep the evidence. If the contract contains clauses deemed as acceptance clauses, the contractor shall handle the matter in accordance with the contract. Otherwise, the contractor shall promptly sue to claim interest and priority compensation rights.

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24 2026-10

Who should receive the project payment for the subcontracted construction work?

Most subcontracting construction contracts are invalid, but if the project is qualified, the contractor can be compensated at a discounted rate. The actual contractors can claim directly from the employer in accordance with the regulations, and if the funds are seized, they can recover them by lodging an execution objection and asserting their rights.

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