There is a statutory minimum for sick leave pay, which shall not be less than 80% of the local minimum wage standard; according to Article 59 of the Labor Law and local wage payment regulations, the unit shall not violate the internal system. It is recommended to check the pay slips and claim the difference in accordance with the law.
Learn more >
Whether employees can claim overtime pay when they volunteer to work overtime depends on whether the employer arranges it or whether it constitutes de facto overtime. According to Article 44 of the Labor Law, overtime work initiated by the employer must be paid at a rate of 150% to 300% of the normal wage. It is recommended to keep attendance and instruction records as evidence to protect one's ri...
Learn more >
Sick leave is an unpaid leave. The company may not pay the employee's salary on the day of sick leave, but it is not allowed to deduct double or multiple salaries in addition. Deducting double salaries lacks legal basis, and employees can file complaints or seek arbitration to protect their rights.
Learn more >
If a third party unilaterally offers to repay the debtor's debt, which constitutes a joint and several liability, the third party shall bear joint and several liability with the debtor; it depends on whether the third party's intention is clear. If the creditor does not expressly object, the joint and several liability shall generally be established.
Learn more >
The debtor must obtain the creditor's consent if he/she intends to transfer all or part of the debt to a third party. Any transfer without the creditor's consent shall not be effective against the creditor, and the original debtor shall still be obliged to repay the debt. The third party may hold the debtor accountable for any negligence or misconduct in the process of debt transfer.
Learn more >
After one of the joint debtors has overpaid, he/she may recover the amount exceeding his/her share from the other joint debtors; the share shall be determined according to the agreed share, and if it is difficult to determine, it shall be divided equally among the joint debtors.
Learn more >
The creditor's right of revocation must be exercised within one year from the date of knowing the grounds for revocation, and within five years from the date of the act; if it exceeds the time limit, the creditor should sue the debtor as soon as possible and take preservative measures if he/she finds that the debtor has transferred his/her property.
Learn more >
The debtor's bankruptcy does not exempt the guarantor from liability, and the creditor may simultaneously declare his claim and assert his rights against the guarantor; if the company has no property to be executed against, the unpaid shareholders' contributions may be accelerated to maturity.
Learn more >
When the statute of limitations for the main debt expires, the guarantor may assert the defense of the statute of limitations to refuse to assume responsibility and invoke the debtor's defense according to Article 701 of the Civil Code; except for those who, knowing that the statute of limitations has expired, still provide guarantees or promise to perform their obligations.
Learn more >
Distinguish based on the contract terms: general guarantees typically have the right of defense in litigation, while joint and several guarantees do not; if there is no agreement or the agreement is unclear, it is presumed to be a general guarantee according to the Civil Code, which is different from the original Guaranty Law.
Learn more >
When multiple guarantors are liable for the same debt, if there is an agreement on the division of liabilities according to their shares, it shall be presumed that they are joint and several guarantors; if there is no such agreement, they shall be jointly and severally liable. The guarantor who has already made the repayment may recover the excess amount from others in accordance with Articles 699...
Learn more >
During the announcement period, the parties concerned may raise objections to the compensation plan for shantytown renovation and apply for a hearing to modify it. If the compensation plan has been finalized, they may request the revocation of the illegal compensation decision and order the reissuance of the decision, in accordance with Article 48 of the Land Administration Law, to protect their r...
Learn more >
The signing of the expropriation compensation agreement requires reviewing the subject, the scope and amount of compensation, the payment period, the delivery of the relocation node, and the liability for breach of contract; according to Article 25 of the "Expropriation Regulations", the agreement shall specify the compensation method, amount, payment period, property exchange, relocation period, ...
Learn more >
When it comes to the expropriation of residential land, hiring a lawyer is very useful in cases of missing ownership, being denied resettlement, or misapplication of the expropriation plan. Lawyers can clarify the membership and inheritance rights, apply for information disclosure, and initiate litigation for review and appeal. According to the Guidelines on the Management of Residential Land Use ...
Learn more >
The compensation for the demolition of the factory includes the right to use the land, the replacement value of the building, the relocation and installation fees for the equipment, the losses caused by the suspension of production and business operations, and the decoration and ancillary facilities. According to Articles 17 and 23 of the "Regulations on Expropriation", the owners of business prem...
Learn more >
