By Linda Liang, Yang Chunhui King & Wood Mallesons’ Commercial & Regulatory group

If couriers have any traffic accident when delivering services, the compensation liability may sometimes be borne by the takeout platform, or sometimes by couriers themselves, or even by an unknown third party. In principle, there should be rules to govern the apportion of the compensation liability, for according to the basic principles of Tort Law, when a worker in “working relationship” (including labor relationship, service relationship,employment relationship and labor dispatch relationship) causes damage to others during delivery of work, the party assigning the work ( “employer”) shall bear the tort liability. However, now the relationship between couriers and takeout platforms is so complex that the question who should bear the liability also becomes complex.
Continue Reading Who is responsible for a takeout carrier’s traffic accident?

By Wu Qing and Linda Liang King & Wood Mallesons’ Commercial & Regulatory group

One day, lawyer L received an emergency call from Ms. K, the head of the EHS department of a Shandong company. Ms. K said that the company has suffered frequent shutdown recently because of the “heavy air pollution stop working order” issued by the environmental protection department, which has seriously affected the company’s capacity. At the same time, the company’s suppliers are also affected by the order and unable to supply the company in time. Although this circumstance is not as serious as the “Schaeffler Incident,” the impact on the company cannot be ignored. Therefore, the whole company is very worried about this.
Continue Reading Is it possible to allege “Force Majeure”?

作者:吴青 梁燕玲 金杜律师事务所商务合规部

Continue Reading 主张“不可抗力”能行吗? ——供应链环保法律风险的防范

作者:梁燕玲 李洪川 金杜律师事务所商务合规部


Continue Reading 劳动法进入“后481号文时代”