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

L律师接到了山东某公司EHS部门负责人K女士的紧急电话。K女士说,近期公司频繁因环保部门下发的“空气重污染停工令”而停工,严重影响了公司产能。同时,公司供应商也受这种停工令的影响,无法及时向公司供货。这一问题虽然没有达到“舍弗勒事件”的严重程度,但也给公司造成了不小影响。对此,全公司上下十分担忧。 
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

2017年11月24日,人社部公布第五批宣布时效和废止文件的目录,《违反和解除劳动合同的经济补偿办法》(劳部发〔1994〕481号文,下称“481号文”)赫然在列,被制定机关宣布废止。

这标志着已经施行近23年的481号文正式退出历史舞台,我国的经济补偿制度也将进入“后481号文时代”。对于用人单位和劳动者而言,481号文的废止会带来哪些影响?
Continue Reading 劳动法进入“后481号文时代”