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China severence pay law and how to calculate severence pay

Introduction

 

In China, severance pay policy is included in the Labor Contract Law. Severance pay is a kind of compensation pay for the employee when the employer terminates the employment contract; or when the employee terminates the employment contract due to the employer’s breach of the Labor Contract Law. The normal circumstances that could warrant a severance pay include layoffs, job elimination and mutual agreement to part ways, etc.

 

What is severence pay and how to calculate several pay according to China employment law?

I've received several inquiries this week about severance pay. One person I spoke to thought that her employer was required to give her a severance package (they aren't) and that she could negotiate a better deal than was offered. Another person has a very difficult decision to make. He can accept a generous severance package from his 25+ year employer or take his chances on being unemployed at the end of the year. That's a tough one.

 

China Legal Counsel Provides: How to enter into a lease agreement / lease contract in China

Your lease or rental agreement and the security deposit you require must comply with your state and local laws. The document cannot contain language that attempts to take away any of your tenant's legal rights — to file complaints, sue for liability or injury, or get the security deposit back promptly if the unit is left in good condition.

How much the tenant pays for the security deposit is usually limited by the state and local government. Some communities require you to pay interest on your tenant's money.

 

Free sample lease agreement / lease contract by China real estate lawyer

Capacity to Contract:
The parties to the real estate lease contract must have the legal capacity to enter into the agreement. Age, mental competency and other issues are considered. A minor could not enter into a lease, thus this requirement would not be satisied and the lease would not be valid.
Legal Objectives:
The purposes of the lease must be legal. If the property to be leased is to be used for illegal purposes, the lease would be invalid.
Offer and Acceptance:
All terms of the contract must be agreed upon by both parties. The owner or landlord would offer these terms to the tenant and the tenant would accept them, signified by their signatures to the lease.
Consideration:
Normally, consideration for a valid lease contract is in the form of rental payment(s). However, it could be in some other form, such as a trade of labor or property improvements for tenancy. Rent is normally fixed for the life of the lease, and cannot be changed unless agreed to in writing by both parties.

LEASE CONTRACTLandlord: Peter Chu    ("Party A")

 

China Free Marital Settlement Agreement (Minor Children)/divorce agreement

Marital Settlement Agreement/Divorce Agreement (Minor Children)

About this Form:  This is a marital settlement agreement that may accompany the No-Fault Divorce form for use within the State of New York. This agreement is intended to help the parties formalize an allocation of their property and finances and matters relating to child custody and visitation. Most courts will require a marital settlement agreement filed in conjunction with a COMPLAINT FOR DIVORCE within China.

MARITAL SETTLEMENT AGREEMENT

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.