Discussion A legal advice to the translators: Qidian's contract is not that effective as you might think

Discussion in 'Novel General' started by RenarDuSud, May 24, 2017.

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  1. RenarDuSud

    RenarDuSud Active Member

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    To those who have signed the slave contract with Qidian, I have some humble advice that I get from some of my lawyer friends who are familiar with Chinese laws.

    First of all, the nature of the contract you signed is a contract of service (劳务合同), not an employment contract (劳动合同). You are not an employee of Qidian, the Law of People's Republic of China on Employment Contracts (中华人民共和国劳动合同法) does not apply to you.

    Second, as the actual law that applies to a general contract, the Contract Law of P.R.C. (中华人民共和国合同法) points out in Article 40 that

    The original text:
    Make sure you know this. Even in a Chinese court, you are not certain to lose a lawsuit against Qidian.
    But of course I strongly recommend anyone concerned go to a licensed lawyer for more advice.
    And the last but not least advice: DON'T SIGN THAT CONTRACT!!!
     
    Last edited: May 24, 2017
  2. Chance

    Chance Observer

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    +1 for visibility.
    Qidan, whoever made the choice to make this move wasn't smart about it. For official translators the price range will be way more than what you currently have.

    I just want to see what happens.
     
  3. Siceraria

    Siceraria Well-Known Member

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    on-leash-agreements-photo-u1.jpg
    Hopefully, none of our pets try to use the same legal tactics. *gulp*
     
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  4. Wiger98

    Wiger98 Custom title

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    +1 for having asked around during this chaotic time
     
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  5. pukeofhurl

    pukeofhurl The Philosopher

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    Fight the power~!
     
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  6. Liener Rynnsfield

    Liener Rynnsfield Holder of Alpha Stigma

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    I hope Qidian will be Burn to Ashes...
     
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  7. Overclock

    Overclock Well-Known Member

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    So what's the issue with the contract again.
     
  8. gr8 b8 m8

    gr8 b8 m8 Well-Known Member

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    lol. That's assuming you don't get bankrupt before it hits the court
     
  9. John Doe

    John Doe "UNKNOWN"

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    they are not slave i guess ?!
     
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  10. Kaiser Megami

    Kaiser Megami Well-Known Member

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    thanks for explaining this.
     
  11. valdesaga

    valdesaga [IDN] [7thMay] [V]aldes

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    thanks dude
     
  12. whosays25

    whosays25 ^_^

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    Oh?
     
  13. Stesira

    Stesira Active Member

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    +1 for those poor slaves
     
  14. MangoGuy

    MangoGuy Rambling Mango

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    FINALLY..at least some clarity.
     
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  15. Too Honest

    Too Honest Creature of Repressed Desires

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    Lawyered.
     
  16. Gunota

    Gunota Active Member

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    But you realise that a contract of service is probably more common in this type of industry right? Taxis and food delivery drivers use the same system. Qidian was obviously never going to give full employment rights (pension, sick leave, holiday, etc).
     
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  17. Pau

    Pau Useless Hamster

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    Ohhhh.... So it's like that.. ( ˙ㅿ˙ )
    Then, they can stop/resign any time,.right???
     
  18. nyuu1224

    nyuu1224 Heaven's Grip System Engineer

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    It is because qidian thought that we will bite the hand that fed us and got some courage from the thought that the populace is stupid and who ever say libellous first will get the publics heart. Lolololo. You belittle the readers qidian. You will get your fair share afterwards.
     
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  19. RenarDuSud

    RenarDuSud Active Member

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    Of course, so first you have to identify the laws that apply to this situation, then you look what the laws say. A contract of service is only covered by the contract law. And the contract law has an article on standard terms, which is the case.
     
  20. infinit3aura

    infinit3aura [Infinit3 Clan] [delirious army] [meowstic]

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    See, this is a person who would go out of his way to post this useful information for those in the same circumstances as him even if he didn't have to. Not only is he smart, he's uniting those in the same position. That's a natural born leader.