Legal Information

24 2026-9

What are the restrictions on the listing and trading of affordable housing?

The affordable housing is subject to limited property rights: it cannot be listed on the market before 5 years, and if it is necessary to transfer it, the government will repurchase it; if it is listed on the market after 5 years, the buyer must pay the land revenue according to the price difference, and after paying it, he will obtain full property rights. The specific rules are described in Arti...

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24 2026-9

How should the repayment of the mortgage be divided if the house was purchased before marriage and both spouses contribute to the repayment after marriage?

Before marriage, the mortgaged house belongs to the registrant. After marriage, the couple shall jointly repay the loan and the corresponding appreciation shall be explained in accordance with Article 78 of the Interpretation of the Marriage and Family Code. The registrant shall compensate for the increase in value. The compensation shall be calculated by multiplying the proportion of the jointly ...

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24 2026-9

Is the change in the house-buying restriction policy considered an act of force majeure?

The changes in the purchase restrictions do not constitute force majeure, but the parties may, in accordance with Article 533 of the Civil Code, claim a change of circumstances and renegotiate or request to terminate the contract; if the buyer loses the eligibility to purchase a house, he/she shall notify the other party in a timely manner, and the deposit and the paid amount shall generally be re...

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24 2026-9

Can the promotional advertisements in the sales office be considered as part of the contract?

In principle, sales advertisements are an invitation to make an offer, but the promises that are specifically determined and affect the contract and the price of the house are considered as part of the contract according to Article 3 of the Judicial Interpretation of Commercial Housing. If any false information is found in the advertisements, evidence should be preserved and the breach of contract...

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24 2026-9

Is there any risk if the online signing price and the actual transaction price do not match?

The online signing price ≠ the transaction price, which constitutes a hidden contract: according to Article 146 of the Civil Code, false price clauses are invalid. Understating the house price to evade taxes may result in the recovery of taxes and a fine of 50% to 5 times the amount of taxes. In serious cases, it may constitute the crime of tax evasion as stipulated in Article 201 of the Criminal ...

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24 2026-9

What should I do if there's a lease agreement for the foreclosed property and the tenant refuses to vacate the premises?

The validity of a lease contract for a foreclosed property against eviction depends on the timing: a lease contract signed after the property was sealed or mortgaged cannot resist the enforcement, and the buyer may apply to remove the lease and force eviction; however, a legal lease signed before the property was sealed is protected by the principle of "the sale does not affect the lease", so it i...

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24 2026-9

What should I do if the content in the resignation certificate is unfavorable?

The legal content of the resignation certificate includes only four items: contract term, termination date, position, and years of service (Article 24 of the Implementing Regulations of the Labor Contract Law); if the certificate contains unfavorable evaluations, the employee may request a reissuance and claim compensation, and must complete the transfer formalities within 15 days.

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24 2026-9

Can I request to make up for the unpaid social insurance contributions if I haven't paid for the required number of years?

If social insurance contributions are not paid in full, the employer can be required to make up the payments. According to Article 63 of the Social Insurance Law, the collecting agency shall order the employer to pay the contributions within a specified period, and the late payment penalty shall be calculated at 0.05% of the unpaid amount per day. If the employer refuses to pay the social insuranc...

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24 2026-9

Can performance bonuses be deducted at will?

The performance-based salary may not be deducted at will: any deduction without a system or assessment basis is considered an unlawful deduction; according to the "Interim Regulations on Wage Payment", the monthly deduction shall not exceed 20% of the total salary, and the statute of limitations for seeking legal redress through arbitration is one year.

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24 2026-9

What should female employees do if they are subject to a pay cut during their pregnancy?

It is illegal to reduce a pregnant woman's salary during pregnancy. Article 5 of the "Special Provisions on Labor Protection for Female Workers" prohibits reducing a pregnant woman's salary. Any unilateral salary reduction is invalid and the employer can be required to make up the difference. If the employer refuses to correct the situation, the employee can claim economic compensation and the emp...

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24 2026-9

What materials are needed to prepare for a labor arbitration case?

To apply for labor arbitration, you need to prepare three types of materials: a copy of the application form and the main materials, evidence of the labor relationship, and evidence corresponding to the request. Arbitration is free of charge, with a statute of limitations of one year, and the case must be concluded within 45 days, which can be extended by 15 days. If the employer holds evidence, y...

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24 2026-9

Is it legal for outsourced employees and regular employees to receive different treatment?

True outsourcing does not involve labor relations, and unequal treatment is not necessarily illegal. However, if the outsourcing is actually a form of labor dispatch, it must comply with the principle of "equal pay for equal work" as stipulated in Article 63 of the Labor Contract Law. The dispatch positions must meet the "three characteristics" and not exceed 10% of the total number of employees. ...

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24 2026-9

How can employees reconcile with the arbitration company?

After an employee files for arbitration, the company has three paths to reach a settlement: withdraw the application before the trial; sign and accept the arbitration mediation agreement, which becomes effective and enforceable; assess the risk of losing the case before making an offer, and the compensation for illegal termination is twice the amount of economic compensation (Article 87).

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24 2026-9

If an employee refuses to move to the new office location after the company relocates, will they receive compensation?

If an employee refuses to relocate with the company, are there any circumstances in which they may receive compensation? For relocations across cities, if no agreement can be reached, the employment contract may be terminated in accordance with Article 40 of the Labor Contract Law, with compensation equal to one month's salary for each completed year of service. If the employee is dismissed for ab...

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24 2026-9

When resigning, if I haven't used up all my annual leave, can it be converted into salary?

It can be converted: If the employee has not taken annual leave at the time of resignation, the employer shall pay 300% of the daily wage (including the normal wage) as compensation. The compensation shall be calculated based on the number of calendar days that have passed in that year. If the number of days is less than one full day, no compensation will be paid. The employee should apply for arb...

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