员工隔离期间能否强制安排年休假？

Can employees be forced to take the Annual leave during the quarantine period?

办公室员工疫情期间被隔离在家，如果公司判断无法居家办公的情形下，可否强制安排其进行带薪年假休息？

Some employees are quarantined at home due to the pandemic. If the company determines that they are not suitable for working from home, can the company force them to take the paid Annual leave?

2022.08.04

职工未申请休年假，视为自动放弃吗？

Are employees who have not applied for Annual leave deemed to waive the entitlement?

用人单位规章制度能否规定劳动者不主动申请休年休假，就等于自动放弃休假？

Is it legal that the rules of the employer stipulate that if the employees do not take the initiative to apply for Annual leave, it will be deemed a waiver of Annual leave?

2022.03.31

员工休完产假还能再享受带薪年休假吗？

Can employees enjoy paid Annual leave after taking maternity leave?

员工休完产假后再申请休年假，公司能否以休产假时间过长为由拒绝申请？

If an employee applies for Annual leave after taking maternity leave, can the company decline the application on the grounds that the maternity leave is too long?

2022.03.24

法定假日、婚假、年休假等假期可以连休吗？

Can statutory holidays, marital leave, Annual leave and other holidays be taken consecutively?

用人单位能否拒绝劳动者提出连休婚假、年休假、法定假日的申请？

Can the employer refuse an employee’s application for taking marital leave, Annual leave and statutory holidays consecutively?

2022.02.17

用人单位违法解除劳动合同是否影响年终奖发放？

Will an employer’s illegal dissolution of the labor contract affect the year-end bonus?

本案争议焦点在于用人单位违法解除与员工劳动合同是否影响年终奖发放。

The dispute focus of this case is whether the illegal dissolution of the labor contract with the employee affects the year-end bonus.

2022.01.27

雇员以通知期终止雇佣合约，可否在通知期内放取年假？

If an employee terminates the employment contract by giving a notice period, may the employee take the Annual leave during the notice period?

如雇员以通知期终止雇佣合约，雇员可否在通知期内放取年假？（香港地区）

If an employee terminates the employment contract by giving a notice period, may the employee take the Annual leave during the notice period? (in Hong Kong)

2021.11.25

代通知金上月工资标准是税前还是税后？

Is the employee’s previous month’s salary rate which determines the payment in lieu of notice pre-tax or post-tax?

代通知金上月工资标准是税前还是税后？是否包含加班费、津贴、过节费、社保？代通知金是否需要与经济补偿金一起计算超过社平3倍计算个税？

Is the employee’s previous month’s salary rate which determines the payment in lieu of notice pre-tax or post-tax? Does it include overtime pay, allowance, festival bonus or social security? Does the payment in lieu of notice need to be included in the economic compensation with the part of more than 3 times the average wage in society subject to the personal income tax?

2021.11.04

考核不合格，员工不认可怎么办？

How to deal with the situation that employees do not accept the result of not passing the assessment？

员工不认可年终奖绩效考核不合格的结果，不予签字怎么办？

How to deal with the situation that employees do not accept the result of not passing the performance assessment for year-end bonus and would not offer to sign?

2021.08.05

三期女工每天1小时的“哺乳时间假”可以“折现”吗？

Can the daily one-hour “breastfeeding break” for female employees falling into “the three periods” be “cashed”?

我们通常熟悉的未休“带薪年休假”可以通过支付补偿工资来处理，那么“哺乳时间假”是否同样可以呢？

Typical “paid Annual leave” not taken can be addressed by paying a compensatory salary. So can this apply the same way to the “breastfeeding break”?

2021.06.03

已享受停工留薪期的工伤职工，能否再享受带薪年休假 ？

May an employee sustaining work-related injury and having enjoyed the suspension-of-work-with-pay period be entitled to paid Annual leave?

员工当年内已因工伤休息15天以上，还能享受带薪年假吗？

After taking more than 15 days off due to work-related injury, may an employees still be entitled to paid Annual leave in the same year?

2021.04.29

带薪年休假可以跨年度安排吗?

Can Annual leave with pay be postponed until the next year?

今年的带薪年休假可以留到明年再休吗？

Can this year’s Annual leave with pay be postponed until the next year?

2021.03.18

企业年终奖与员工出勤率是否挂钩?

Is the company’s year-end bonus linked to employee attendance?

女职工休产假或进行产前检查，企业能否认为其出勤不达标扣减年终奖？

If female employees take maternity leave or antenatal examination, whether the company can consider their attendance to be deficient and thus deduct their year-end bonus?

2021.03.18

公司安排员工休年假，员工不服从怎么办?

What if the company arranges an employee to take Annual leave, but the employee refuses it?

公司安排员工休年假，员工拒绝休假并回到办公室上班，如何处理？

What if the company arranges an employee to take Annual leave, but the employee refuses it and returns to the office to work?

2021.03.11

口头放弃年休假是否支付未休年休假工资?

Does the employer have to pay the salary for the unused Annual leave that is orally given up by the employee?

员工已口头放弃年休假，单位是否支付未休年休假工资？

If an employee has orally given up the Annual leave, does the employer have to pay the salary for the unused Annual leave?

2021.03.03

可以约定年终奖“离职后不发”吗?

Can the agreement that the employees will not be entitled to year-end bonus after dimission be effective?

浙江一公司与劳动者约定年终奖“离职后不发”是否有效？

Is the agreement reached by a Zhejiang-based company with its employees that the employees will not be entitled to year-end bonus after dimission effective?

2021.03.03