Isabel Moga Rella's legal and international news

[Corporate Law] –

 Following a decree promulgated on December 28th, 2020, the State Council issued a revised regulation on registering business names (the “Provisions”). These Provisions have come into effect on March 1st, 2021, with the purpose of standardizing business name registration, protecting the legitimate rights and interests of enterprises, maintaining social and economic order, and improving the business environment. 

Xu Sissi and Isabel Moga Rella provide the highlights of these Provisions. 

[Employment Law] – The phenomena of employees abusing the litigation rights granted by Chinese laws and regulations to obtain “personal benefits” seems to have been regularly increasing. 

Isabel Moga Rella and Ding Yu present a case where a company dismissed an employee who had failed to meet the Company’s requirements in the first two months of her probation period during her subsequent during her sick leave.

In this case, the labor arbitrator recognized this employee had filed more than 3 labor arbitration proceedings with the same labor arbitration committee in the previous 2 years, all the cases having more or less the same “scenario”. 

Our brief presents the case, as well as recent measures authorities have set up to limit “bad faith” arbitration. Furthermore, our experts provide advice and tips for employers to avoid falling into the traps of abusive employees.