A Beijing lawyer explains whether employees need to compensate for training fees when resigning during the probationary period: There's no need to compensate for general onboarding training, but for specialized training, the employer may require the employee to pay a portion of the unfulfilled training fees based on the agreed service period.
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Beijing lawyers explain whether the training period counts as work experience: It is generally included and calculated from the date of employment; the length of service is continuously calculated if the employment subject is changed for reasons other than the employee's own.
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A Beijing lawyer explains whether it's illegal to not pay social insurance during the probationary period: It's illegal. Employers should register for social insurance within 30 days from the date of employment. Employees can file a complaint to demand back payments and claim economic compensation.
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A Beijing lawyer explains whether it's permissible to evaluate and dismiss employees during the probationary period: It's necessary to prove that the employee fails to meet the hiring requirements, and the evaluation standards must be clearly communicated and documented. Otherwise, it constitutes an illegal termination.
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A Beijing lawyer explains whether it's legal for an employee to be dismissed for refusing a job transfer: If the job transfer is reasonable and the process is proper, it can be handled in accordance with the rules. However, if the employee refuses an unlawful job transfer and is then dismissed, this constitutes an unlawful termination.
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A Beijing lawyer explains whether a department merger allows unilateral changes to job positions: Major changes require consensus through consultation, and employees can refuse illegal job transfers. Accordingly, dismissal due to such transfers may constitute an illegal termination of employment.
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A Beijing lawyer explains how to lift a restriction on consumption orders: it can be lifted when the obligation has been fulfilled, when effective guarantees have been provided, when the applicant for enforcement has given consent, or when there are genuine difficulties in doing so.
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A Beijing lawyer explains the differences between restricting consumption and being on the list of dishonest people: the threshold for restricting consumption is low, and it only restricts high-end consumption; while being on the list of dishonest people requires refusing to fulfill obligations and other circumstances, and the punishment is more extensive.
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A Beijing lawyer explains who should bear the cost of the execution bounty: In principle, it should be borne by the applicant for enforcement and paid from the available enforcement funds. If the defendant meets the requirements, the court may order him to bear the cost.
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A Beijing lawyer explains how to apply for income withholding and withdrawal: The applicant submits a written application, and the court sends a notice of assistance in enforcement to the employer, who withholds the income monthly and reserves a living allowance for the applicant.
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A Beijing lawyer explains how to handle the enforcement of a third party's due claim: The court issues a notice to the third party to fulfill the due debt. If the third party does not raise any objections and fails to perform the obligation, the court may enforce the debt by coercive measures.
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A Beijing lawyer explains the conditions for adding liquidation obligors: If a company fails to conduct liquidation after dissolution, resulting in property losses or an inability to complete the liquidation, the company's shareholders may be added as liquidation obligors and bear joint and several liability.
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A Beijing lawyer explains the addition of the debtor's spouse as a party to enforcement proceedings: The debtor's spouse cannot be added directly to the enforcement proceedings. Usually, a separate lawsuit is required to confirm the joint debts or enforce the debtor's share of the jointly owned property.
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A Beijing lawyer explains whether the real estate owned by minor children can be executed: Generally, it cannot be executed. However, if the real estate is transferred to avoid debts, it can be revoked through a lawsuit for revocation of rights and then executed.
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A Beijing lawyer explains how to choose between local and non-local demolition lawyers: local lawyers are familiar with local policies and procedures, while non-local lawyers are more professional and independent. The key factors to consider are professional competence and sense of responsibility.
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