Frequently Asked Questions

30 2026-9

How to protect one's rights if a relative refuses to honor an agreement to buy a house under someone else's name?

When a celebrity reneges on a promise to buy a house under a relative's name, the investor may, based on the investment certificate, the agreement on purchasing the house under the relative's name, and the evidence of actual control and use, claim ownership or transfer of ownership in accordance with Article 209 of the Civil Code, thus circumventing the effectiveness of the policy's purpose, which...

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30 2026-9

How can sellers protect their rights if buyers fail to make payments on time?

If the buyer fails to make payment on time, the seller may send a letter to remind them and claim breach of contract damages or rescind the contract in accordance with Articles 563 and 577 of the Civil Code; if the buyer still fails to fulfill their obligations within a reasonable period after being reminded, the seller may exercise the statutory right of rescission and claim compensation.

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30 2026-9

How to calculate the claim for project delay?

The claim for the delay in the construction period shall be limited to the actual losses, including the costs of idle time and the contractual penalty. According to Articles 577 and 584 of the Civil Code, the claimant needs to provide fixed evidence such as visas and construction logs to support the claim.

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30 2026-9

Is it a contract dispute or a property rights dispute if the seller refuses to cooperate with the transfer of ownership?

The seller's failure to cooperate with the transfer of ownership constitutes a dispute over the contract of sale of the house rather than a dispute over property rights. The contractual creditor's rights still exist, and the buyer can sue for the seller to continue with the transfer or seek compensation for breach of contract. It is recommended to first verify the ownership and the existence of an...

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30 2026-9

How much do employees have to pay as compensation if they leak trade secrets?

The compensation for employees leaking trade secrets is determined based on the actual losses or the profits gained from the infringement. If it's difficult to determine the compensation, the court will award no more than 5 million yuan, including reasonable expenses; in addition, it involves compensation for breach of confidentiality and non-competition agreements.

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30 2026-9

How is the compensation for unlawfully terminating a labor contract calculated?

The compensation for illegal termination of employment shall be paid at a rate of two times the economic compensation, that is, 2N. The economic compensation shall be paid at a rate of one month's salary for each year of service; for high-income individuals, the maximum compensation shall be three times the salary, and they may also claim to continue to perform the contract.

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30 2026-9

Is an injury sustained while being rehired after retirement considered a work-related injury?

Whether the injury sustained after being re-employed after retirement is recognized as a work-related injury depends on the nature of the employment relationship. If the retiree has already received a pension, the compensation for personal injury will be handled in accordance with the labor relationship; if the elderly migrant workers meet the conditions, they can still be recognized as work-relat...

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30 2026-9

Can I refuse the company's job transfer and salary reduction?

The company's unilateral adjustment of job positions and salary reductions requires the consent of both parties to be effective. According to Article 35 of the Labor Contract Law, if there is no reasonable basis for a significant salary reduction, the employee can refuse and request arbitration to restore the original salary or claim compensation.

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30 2026-9

How is the salary calculated during a work-related injury period?

During the period of work-related injury, the employer shall pay the employee's salary and benefits at the original level during the period of suspension of work and leave with pay, and the payment shall be made on a monthly basis. According to Article 33 of the Work-Related Injury Insurance Regulations, the period of suspension of work and leave with pay shall generally not exceed 12 months. It i...

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30 2026-9

Do they still pay the year-end bonus after an employee leaves the company?

Whether an employee can claim the year-end bonus after resignation depends on the provisions of the contract and the company's rules, as well as whether the employee has met the performance targets. To determine the legality of the bonus system, refer to Article 4 of the Labor Contract Law. If the conditions are met, the employee can seek arbitration to recover the bonus, but they must note that t...

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30 2026-9

How to provide evidence if overtime work is not paid overtime wages?

If overtime work is not paid, employees should keep the overtime notice, attendance records, and salary records. According to Article 6 of the Labor Dispute Mediation and Arbitration Law and Article 42 of the Judicial Interpretation (I), the burden of proof should be allocated to the employer. If no agreement can be reached through consultation, the employee should promptly initiate arbitration pr...

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30 2026-9

Is it legal to dismiss an employee who gets pregnant during the probationary period?

During the probationary period, the employer shall not dismiss the employee on the grounds of pregnancy; dismissing the employee solely on the grounds of pregnancy or on the grounds that the employee fails to meet the requirements during the probationary period is an illegal termination. Female employees may apply for arbitration to claim compensation or continue to perform their duties.

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30 2026-9

Can I demand a lump-sum repayment if I default on installment payments?

The installment repayment contract stipulates that if there is a default in any installment, all the remaining installments will be accelerated to maturity, and the creditor may require the debtor to repay the entire amount in one go when the payment is overdue. If there is no such stipulation, the creditor may also claim early repayment in accordance with the provisions on anticipated defaults.

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