Preparation of documentation: client prepares relating documents (e.g. Business license, incorporation certificate, and credibility letter by bank). The clients then signs & stamps the files prepared by the lawyer (e.g. the agreement on the shareholding transfer, all application forms and the resolution of the board); asset evaluation report.
China is becoming the biggest “world manufacturer” and there are more and more foreign buyers taking part in all kinds of Chinese trade fairs (e.g. Canton Fair), trying to find good suppliers and purchasing Chinese products. Therefore it is very important for those buyers to conclude purchase contracts and also to perform the contract in the right way, complying with the framework of Chinese law.
With the development of Chinese economy and China is famous for its commodity of high quality but with low prices, more and more merchants prefer to purchase from China online. Some lawbreakers take advantage of the international transaction to defraud foreign buyer. Our team handles dozens of these kinds of cases and hereby we remind you of the following points based on our experience from the side of foreign Buyers.
I， ，am hereby undertaking to my employer __________ Co.,Ltd(hereafter refer to A) that during my work in my employment, I will respect and not-infringing the commercial secrets owned by A which are listed in the Appendix. Especially I undertake that I will use A’s customer data base to send commercial advertisement.
A bill of lading is a document which serves as an evidence of the contract of carriage of goods by sea and the taking over or loading of the goods by the carrier, and based on which the carrier undertakes to deliver the goods against surrendering the same. (“maritime law” Article 71), A bill of lading is shorted as the B/L. In international trade, the carrier issues a B/L to the consigner, then the B/L will be delivered from the consigner to the consignee and the consignee will take delivery of goods at the destination port by presenting the B/L original. The delivery of the original B/L to the consignee is mostly on condition that the full payment is received.
First of all, the definition of each is different. A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The owner of the trademark shall have the right to license others to use the trademark, to pursue legal action against trademark infringement and to do any others in accordance with the Intellectual property law.
High Temperature Allowance (hereafter referred to as HTA) is the allowance that is to be paid to employees who engage in outdoor work or high temperature indoor work during summer as per mandatory law regulations. The following points are reminders relating to HTA regulations.
Some employers, especially Chinese foreign invested companies, pay their staff comparably higher salary. They may agree with staff orally that the salary paid includes overtime hours without any written provision. This oral agreement may cause very high risk that, in the case of a labour arbitration, an arbitrator may request that the employer pay additional overtime salary based on the agreed salary if the employee denies the oral agreement.
Many employers or even lawyers engaging in labour law in a labor arbitration hearing are often unsure how, by what procedure, and by what applied rule of burden of proof will an arbitrator use to conduct an investigation into claims of overtime salary. This procedure only became clear to me after I became a labour arbitrator in Shenzhen.
If death is not the result from work related injury then article 14 and 15 in Regulation on Work-Related Injury Insurance shall not apply. People who die from non-work related injury are not entitled to damages set out in regulation on work rated injury insurances but other laws and provisions. In general, family dependents of the people who die of non-work related injury are entitled to 9 to 15 months’ salary as damages. The salary shall be per capital wage of the local employees in that city in the previous year but not the salary of the deceased. Please refer to the website for details.