Recently, the tort case in which singer Yang Kun sued the internet celebrity duo "Sichuan Fenda" (Li Mou and Jiang Mou) has aroused widespread public concern. This controversy is not only a conflict between celebrities and internet celebrities, but also reflects the legal dilemmas in the protection of the right of reputation and the right of name in the context of cyberspace. As legal practitioners, we have the responsibility to conduct in-depth analysis of this incident and clarify the relevant legal points therein for the public.
01 Case Information
In a diversified market economic environment, each business group of a group company generally has multiple corporate entities under its name for the purpose of independent accounting. In the course of operation, for various reasons such as personnel adjustment and tax planning, the group will require employees to nominally change their employing units either after the expiration of their labor contracts or before the expiration thereof. Where the post, work location, job responsibilities, remuneration and other factors remain unchanged, employees usually comply with the company's arrangements under intangible pressure. For most employees, the change of employing unit has no substantial impact given that other benefits and terms remain unchanged. However, once the "friendly relationship" between the employee and the company breaks down and legal disputes arise out of irreconcilable conflicts, whether the length of service of the employee shall be calculated consecutively becomes a key point of contention between the two parties due to the change of employing unit during the performance of the labor contract. This issue is fully illustrated by a labor arbitration case recently handled by the author.
01 Case Information
Content Interpretation
