Frequently Asked Questions

24 2026-10

Can the employment registration form be used as a labor contract?

The employment registration form generally does not contain the essential clauses of a labor contract and cannot replace a written contract. If an employer fails to sign a contract with an employee within one month of employment, the employer shall pay the employee twice the normal wage. It is recommended that the employer sign a contract with the employee within one month of employment and keep r...

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24 2026-10

Is it illegal for the company not to provide employees with the original labor contracts?

Illegal: According to Article 16 and Article 81 of the Labor Contract Law, each party to the contract should hold a copy of the contract. If the company refuses to deliver the contract, the employee can file a complaint with the labor supervision authority and request rectification. Within one year, the employee can apply for labor arbitration to protect their rights.

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24 2026-10

What is considered usury when the interest rate on a loan exceeds a certain amount?

The judicial protection cap for private lending interest rates is four times the one-year LPR at the time of the contract's establishment, and the excess part is not protected; the excess interest paid can be claimed as a deduction from the principal or a refund, and professional lending and loan transfer contracts may be invalid.

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24 2026-10

Will the court recognize the interest rate agreed upon orally?

Oral interest may be recognized, but it's difficult to provide evidence for it. If the loan agreement between natural persons is unclear, it shall be deemed as having no interest. Chat records, audio recordings, and regular repayments can be used as supplementary evidence, but the interest rate must not exceed four times the one-year LPR at the time the contract was concluded.

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24 2026-10

How are overdue interest and loan period interest calculated?

The interest during the loan period shall be calculated from the date of loan disbursement to the maturity date, and the overdue interest shall be calculated from the date of overdue payment. The agreed interest rate shall not exceed four times the one-year LPR at the time of contract conclusion, and the compound interest added to the principal shall not exceed the limit. During the enforcement st...

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24 2026-10

Is the exorbitantly high penalty clause stipulated in the contract legally binding?

The principle of penalty for breach of contract in a promissory note is valid but can be reduced: If the agreed amount is excessively higher than the loss and exceeds 30% of the loss, the court may reduce it in accordance with Article 585 of the Civil Code; and the total amount used together with the overdue interest shall not exceed four times the one-year LPR.

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24 2026-10

There are two signatures on the IOU. Who will repay the money?

The two signatures on the IOU usually constitute a joint debt, and the creditor can request any of the signatories to repay the entire amount. The signatories shall share the debt according to the agreed or statutory proportion, and the actual bearer may seek reimbursement after assuming the debt.

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24 2026-10

Do the copies of IOUs have legal effect?

When the copy of the IOU cannot be verified with the original, it cannot be used as evidence alone, but it can be corroborated with the transfer records and chat records to form a chain of evidence, and it may still be accepted by the court.

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24 2026-10

Can transferring money with a note stating "loan" be considered as a loan transaction?

The transfer note stating that it is a loan is a unilateral record and cannot be used to prove the existence of a loan on its own. To obtain the court's support, it is necessary to combine the delivery receipt, chat records, and collection records to form a complete chain of evidence.

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24 2026-10

What should I do if the debtor tears up the IOU?

If the IOU is torn up by the debtor, the plaintiff can supplement the lawsuit with transfer records, chat records, and witness testimonies; the party who maliciously destroys evidence shall bear adverse consequences, and the statute of limitations is three years. It is recommended to fix the evidence as soon as possible.

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23 2026-10

Do housing demolition compensation lawyers have experience in handling cases in other regions?

Housing demolition compensation lawyers can travel to other regions to handle the entire process of expropriation cases. The Henglue team successfully mediated a case in Wuhu, Anhui, within ten days, increasing the compensation from 700,000 yuan to 1.45 million yuan, and resolved multiple performance review cases in Zhengzhou and Wuhan.

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23 2026-10

What important clauses should be included in a corporate demolition compensation agreement?

The enterprise demolition compensation agreement shall stipulate the core terms such as the scope of compensation, the amount, the payment period, the relocation period, the losses caused by the suspension of production and business, and the liability for breach of contract.

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23 2026-10

If I lease land to build a factory and it's demolished, am I entitled to compensation?

When leasing land to build a factory and encountering demolition, one can claim compensation for the building, losses from production and business interruptions, and relocation expenses. It is important to distinguish the ownership of the land compensation and to preserve evidence of the business operations.

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23 2026-10

What should I do if an unlicensed rural house is demolished as an illegal construction?

Illegal buildings in rural areas do not necessarily mean unlicensed buildings. If you receive a decision to demolish the building within a specified time limit, you can file for reconsideration within 60 days or file a lawsuit within six months. Please note to keep the evidence of the construction date of the building.

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23 2026-10

Can I still seek compensation after my house has been forcibly demolished?

After the house is forcibly demolished, it is still possible to seek compensation: if the demolition process is illegal, you can request to confirm the illegality and claim compensation. Be sure to preserve the evidence and initiate legal remedies within the statutory time limit.

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