Frequently Asked Questions

24 2026-10

Can the decision to terminate the contract be revoked before it is delivered?

The employer may withdraw the notice of dismissal before it reaches the worker, but once it has been delivered, it shall generally take effect and cannot be unilaterally withdrawn. According to the rules of intent expression in the Civil Code, the key point is whether the notice has been delivered and whether the withdrawal occurs no later than when the notice reaches the worker.

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24 2026-10

What will happen if the reason for the dismissal notice is written incorrectly?

If the reasons stated in the notice of termination are unfounded, it may constitute an illegal termination. The employer is not allowed to change the reasons afterwards and must provide evidence for the reasons stated in the notice. The case shall be handled in accordance with Articles 39, 40, and 41 of the Labor Contract Law.

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24 2026-10

Is it valid for the unit to terminate the employment contract without notifying the trade union?

If the employer unilaterally terminates the labor contract without notifying the trade union, it constitutes a procedural violation. The employee may claim compensation for the unlawful termination, except where the employer rectifies the notification procedure before being sued, in accordance with Article 43 of the Labor Contract Law and the judicial interpretations.

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24 2026-10

After the illegal termination of the contract, can I ask to go back to work?

After the illegal termination of the labor contract, the worker may request to continue to perform the labor contract or claim compensation. According to Articles 48 and 87 of the Labor Contract Law, the economic compensation shall be calculated according to the length of service. It is recommended to apply for arbitration within one year.

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24 2026-10

Is it legal to pay the compensation over several months?

The economic compensation shall be paid upon completion of the handover of work, and the law generally requires it to be paid in a lump sum. If the employer fails to pay the compensation in a lump sum without consultation, it may be illegal. The employee may claim that the employer pay the compensation in a lump sum according to the law.

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24 2026-10

After the co-borrower repays the loan, can they get the money back?

After one of the co-borrowers repays all the loans, they may recover the excess from the other co-borrowers. According to Article 519 of the Civil Code, the recovery shall be handled in accordance with the agreement or by sharing it equally among the co-borrowers.

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24 2026-10

Can the jointly liable person seek compensation after repaying the debt?

If the jointly liable person actually pays more than his or her share, he or she may recover the overpaid amount from the other jointly liable debtors in accordance with Article 519 of the Civil Code; if there is an agreement on the internal share, the share shall be determined in accordance with the agreement; if there is no agreement, the share shall be determined based on relevant factors.

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24 2026-10

How should an insurance company initiate a subrogation claim?

The insurance company must have compensated the insured before exercising its right of subrogation. According to Article 60 of the Insurance Law, the insurance company may initiate a claim against the third party within the scope of compensation. It is important to notify the insured and transfer the claim materials to them.

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24 2026-10

What should I do if the repayment from the accounts receivable pledged is withheld after the pledge?

After the registration of the pledge of accounts receivable, if the repayment is withheld, the secured creditor may, in accordance with Articles 445 and 545 of the Civil Code, require the secondary debtor to make repayment or compensation to the secured creditor. It is necessary to promptly fix the registration and stop payment evidence.

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24 2026-10

Can arrears in property fees result in water and electricity being cut off?

The property management company shall not cut off water and electricity supplies due to unpaid fees. According to Article 944 of the Civil Code, the property management company must recover the fees through legal means such as litigation. If the property management company illegally cuts off the supply of water and electricity, the owners may claim compensation for the losses caused thereby.

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24 2026-10

Is it reasonable for the landlord to withhold the entire security deposit?

The landlord has no right to withhold the deposit in full on the pretext of any reason. According to Articles 577, 566, 710, and 733 of the Civil Code, the landlord can only deduct the actual losses and the agreed penalty, and the excess part should be refunded.

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24 2026-10

How much of the security deposit can be refunded if I terminate the lease early?

The amount of the deposit that can be refunded in advance depends on the contractual agreement, whether there is a breach of contract, and the condition of the housing facilities. According to Articles 566, 577, and 733 of the Civil Code, after deducting the reasonable breach of contract penalty and the actual losses, the remaining amount should be refunded.

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24 2026-10

Can I still get back the transfer fee for the store?

Whether the transfer fee for a store can be refunded depends on the validity of the contract, the nature of the fees, and the circumstances of breach of contract. According to Articles 157, 566 577 of the Civil Code, if the contract is invalid or the other party breaches the contract, the party concerned can claim a refund of the corresponding amount.

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24 2026-10

What evidence do I need to prepare for a consultation with a lawyer specializing in demolition rights protection?

Before seeking legal advice on protecting rights in the process of demolition, you should collect evidence such as the ownership of the land, the announcement of the expropriation, the compensation plan, the images of forced demolition, and the communication records. According to the Implementing Regulations of the Land Administration Law and the Administrative Enforcement Law, you should protect ...

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24 2026-10

How to get compensation if the contracted land is expropriated?

The contracted land is subject to expropriation, and the compensation includes land compensation fees, resettlement assistance fees, compensation for seedlings and attachments, and arrangements for social insurance, as determined in accordance with Article 48 of the Land Administration Law.

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