用工单位耍赖， 派遣单位可否不付工资？

If the labor-using unit is perverse, can the labor dispatching unit refuse to pay salary?

2022-09-01

本案的争议焦点是劳务派遣中，用人单位是否可以依据与用工单位达成的协议，不向劳动者支付工资？

The focus of the dispute in this case is whether the employer unit has the right to refuse to pay wages to the employee according to the agreement concluded with the labor-using unit during labor dispatching.

未能证明员工手册已进行公示，能否作为解除依据？

Can the employee handbook that can not be proved to have been publicized serve as the basis for rescission?

2022-08-25

本案中，用人单位未能提交证据证明员工手册经职工代表大会或者全体职工讨论，亦未证明已公示或告知劳动者，能否依据员工手册解除？

In this case, the employer did not submit evidence to prove that the employee handbook had been discussed by the employee congress or all the staff, nor did it prove that the employee handbook had been publicized or informed to the employees. Could the employer rescind the labor contract according to the employee handbook?

公司成立前的用工能否算入工作年限？

Can the employment before the incorporation of the company be included in the length of service?

2022-08-19

用人单位登记注册成立前招用劳动者参与筹备工作，并在成立后继续用工，劳动者在该单位登记注册成立前的工作时间能否计入工作年限？

Should the working time before the registration and incorporation of the employer be included in the length of service in case that the employee is hired to participate in the preparatory work before the registration and incorporation of the employer and continues to serve in the employer after the establishment?

第二次签订的劳动合同，到期后可以终止吗？

Can a second-term labor contract be terminated upon its maturity?

2022-08-11

本案中，劳动者与用人单位签订了两次劳动合同，续签能否签订固定期限劳动合同？

In this case, the employee has concluded contracts twice with the employer. Can another fixed-term labor contract be signed for the renewal?

疫情防控期间，劳动者的兼职行为能否得到支持？

Is the part-time behavior of employees supported during the period of pandemic prevention and control?

2022-08-04

疫情的爆发给企业和劳动者都带来了不同程度的影响，疫情防控期间，在劳动合同约束下的企业和劳动者之间，可否允许劳动者兼职的“新模式”存在？

The outbreak of the COVID-19 pandemic has affected employers and employees to varying degrees. During the period of pandemic prevention and control, is the “new model” allowed that the employee takes a part-time job even if there is a binding labor contract between the employer and the employee?

未签字的劳动合同，微信发送算不算订立？

Does it constitute conclusion if the labor contract is not signed and sent to the other party via WeChat?

2022-07-28

本案中，用人单位一直未与劳动者订立劳动合同，于是劳动者主动拟定劳动合同并通过微信发送给公司领导参考。劳动者离职时，双方就是否已经订立劳动合同的问题产生争议。

For the case at hand, the employer did not conclude the labor contract with the employee, so the employee took the initiative to draft a labor contract and sent it to an executive of the employer via WeChat for reference. When the employee decided to resign, the two parties had a dispute over whether the labor contract had been concluded.

企业为什么要让员工签收工资条？

Why do companies require employees to sign payslips?

2022-07-21

实务中，用人单位为何需要劳动者签收工资条？

In practice, why do employers require employees to sign payslips?

单位因变更工作地点致员工不同意续签，是否应当支付经济补偿？

If the employee refuses to renew the labor contract because the employer changes the work location, does the employer need to make severance pay?

2022-07-21

本案中，用人单位在与劳动者续订劳动合同时变更工作地点、降低工资待遇，劳动者拒绝接受，用人单位以此为由不续签，是否应向劳动者支付经济补偿？

For the case at hand, the employer proposed to change the work location and reduce the salary when renewing the labor contract with the employee, for which the employee refused to accept. As a result, the employer decided not to renew the labor contract on such a ground. Should the employer pay severance?

劳动者离职后，提成是否该全额支付?

Should the commission be paid in full if an employee resigns?

2022-07-14

本案中，劳动合同解除时房屋买卖双方未办理过户手续，用人单位能否拒绝支付劳动者销售提成？

For the case at hand, could the employer refuse to pay the sales commission to the employee since the title of the house has not been transferred to the buyer at the termination of the labor contract?

劳动合同中约定可以调整工作地点，为何认定无效？

Why is the stipulation on workplace adjustment in the labor contract deemed invalid?

2022-07-07

实务中，过于宽泛的约定，不能体现劳动者真实意思表示，有失公平合理，不能以该约定作为认定用人单位变更工作地点合理性的依据。

In practice, an overly general stipulation can’t reflect the true intention of the employee, which is unfair and unreasonable. Therefore, it can’t be used as the basis for determining the rationality of the employer’s change of workplace.