员工口头离职，不办理离职手续，公司应如何处理？

How should the company deal with the employees who only resign orally without going through resignation procedures?

员工口头向公司提出离职，后续没有来上班，公司电话联系他到公司办理正常离职手续，但以各种理由推脱。公司可以采用什么方式通知他办理离职手续？如果其一直不来办理离职手续，公司是否会存在法律风险？公司如以连续旷工数日等违法公司制度与其解除劳动合同关系，是否存在赔偿问题？

An employee submitted resignation orally to the company and had not showed up for work since then. The company contacted him by telephone to come to the company and handle the official resignation procedures, but he evaded it for various reasons. How can the company inform him to go through the resignation formalities? If he never shows up to go through the resignation formalities, will the company face legal risks? If the company terminates the labor contract with him by reason of violating the company regulations such as being absent from work for several days, does the company need to make compensation?

2022.09.01

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?

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.

2022.07.28

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?

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?

2022.07.14

劳动者选择不缴社保，能否以单位未缴社保要求离职补偿？

If the employee chooses not to contribute social security, can he/she claim severance pay based on the employer’s non-contribution of social security?

本案中，劳动者申请其社保由公司每月以现金形式发放，离职后能否以单位未缴社保为由要求经济补偿？

In the case at hand, the employee asked the company not to contribute social security and distribute the corresponding social security premiums to him in cash. If so, can he claim economic compensation on the grounds of the employer’s non-contribution of social security?

2022.06.16

离职后再入职，是否可以重新约定试用期？

Can another probationary period be specified if an employee re-joins the company after separation?

实务中，员工离职后再入职的，能否重新约定试用期？什么情况下能重新约定试用期？

In practice, can another probationary period be specified if an employee re-joins the company after separation? Under what circumstances can the probationary period be specified again?

2022.06.09

员工未按要求交接工作，离职证明能否列明事项？

If an employee fails to hand over the work as required, can relevant instructions be included in the separation certificate?

若员工辞职后未按公司要求完成工作交接，且未按要求退还公司的欠款，在离职证明上是否能列明“按照正常手续办理离职”或”拖欠公司款项”等说明？或有其他方式可对员工进行追溯？

If an employee fails to complete the work handover as required by the Company after separation, and fails to pay back the amount owed to the company as required, can the separation certificate include instructions such as “separating according to normal procedures” or “owing money to the company”? Or are there other ways to trace the employee?

2022.05.26

员工离职管理中，HR、法务等部门有何作用？

What are the roles of HR and Legal Departments in employee turnover management?

在员工的离职管理中，通常会涉及到HR、法务、员工、部门管理者、工会、顾问律师等多方的互动。那么，这些部门对管理有何作用呢？

Employee turnover management usually involves the interaction of HR, legal personnel, employees, department managers, trade unions, and legal advisors. What are the roles of these departments in management?

2022.05.19

受疫情影响，用人单位可以全员降薪吗？

Can employers affected by the epidemic apply a company-wide pay cut?

本案中，用人单位主张因受疫情影响全员降薪且与劳动者协商一致，但未提供证据予以证明，劳动者被迫离职要求补偿获支持。

In this case, the employer claimed that it had negotiated a salary reduction with all employees due to the epidemic impacts, yet no evidence was provided. The employee was forced to resign, and his claim for compensation was upheld by the court.

2022.05.19

员工再次入职，试用期该如何约定？

How should the probationary period be agreed when the employee is rehired?

员工第一次入职时约定了6个月试用期，但入职1个月即离职；离职半年后，再次入职相同岗位，第二次入职时可否再次约定试用期？如可以，是可以重新约定6个月，还是5个月？

When the employee first joined the company, a six-month probationary period was agreed, but he resigned after 1 month. The employee retook the same post six months after the resignation. Is it legal to agree on another probationary period at the second entry? If yes, is 6 months or 5 months appropriate?

2022.03.31

劳动者不辞而别，用人单位该怎么办？

What should the employer do if an employee leaves his post without notice?

实践中，有的劳动者不辞而别，用人单位以其旷工为由与其解除劳动合同，结果被认定为违法解除劳动合同而支付了赔偿金。为此，用人单位要做好法律风险的防范。

In practice, some employees leave the post without notice, and the employers terminates the labor contract with them on the grounds of absenteeism. As a result, the employers are deemed to have illegally terminated the labor contract, and therefore are required to pay compensation. To this end, employers should take precautions against legal risks.

2022.03.17

单位因员工离职造成损失，能否向员工主张赔偿？

If the employer suffers losses due to the departure of the employee, can it claim compensation from the employee?

实践中，劳动者因行使辞职权给用人单位造成损失，是否应当赔偿用人单位的损失？

In practice, whether an employee should compensate an employer for the losses caused by exercising his/her right to resign?

2022.03.10

提出辞职后想撤销，公司能拒绝吗？

If an employee revokes the resignation application, can the company refuse it?

员工提出辞职后，因为发生工伤又想撤销辞职申请，公司是否可以拒绝？

If an employee has submitted a resignation application but wishes to revoke the application after suffering a work-related injury, can the company reject the revocation?

2022.01.27

一次性伤残就业补助金，是否受一年时效限制？

Is the one-time employment subsidy for disability subject to a one-year time limitation?

工伤员工离职时公司未支付一次性伤残就业补助金，离职后过了一年员工是否可以再主张？

If an employer does not pay the one-time employment subsidy for disability when the injured employee leaves office, can the employee claim for the subsidy again after one year of leaving office?

2022.01.20

员工在工伤认定申请期间提出离职，公司还要继续履行吗？

Is it necessary for a company to continue to go through the ascertainment procedures of a work-related injury when an employee resigns during the application?

工伤认定申请期间，认定程序还没结束时员工提出辞职，公司是否有必要继续履行工伤认定程序？

Is it necessary for a company to continue to go through the ascertainment procedures of a work-related injury when an employee resigns while the determination process is still pending during the application for ascertainment of a work-related injury?

2022.01.20

员工主张公司未开具离职证明，公司应承担赔偿责任吗？

Should an employer be liable for compensation for its employee’s claim of its failure to issue an employment separation certificate in time?

员工提起劳动仲裁，主张因未拿到离职证明无法就业，要求公司赔偿其经济损失。公司是否应该承担赔偿责任？

The employee later filed a labor arbitration claiming that he could not be employed because of failure to get the employment separation certificate and asked the employer to compensate him for his economic loss. Should the employer be liable for the compensation?

2021.10.21