应休未休的带薪年休假如何处理?

How shall an employer deal with the paid Annual leave that has not been taken?

员工的带薪休假消化率低，有什么解决对策？

If employees' usage of paid leave is low, what are the solutions

2020.08.26

公司可否安排员工休明年的法定带薪年休假?

Can the company arrange for employees to take statutory paid Annual leave of next year?

公司想知道，能否安排员工提前休明年的法定带薪年休假？

The company would like to know whether it is possible to arrange for employees to take the statutory paid Annual leave of next year in advance.

2020.08.20

“解除或者终止前十二个月的平均工资”含不含离职当月工资?

Does the “average monthly wage for the twelve months before dissolution or termination" include the wage for the month of separation?

《劳动合同法》关于经济补偿规定中的“解除或者终止前十二个月的平均工资”含不含离职当月工资？含不含加班费或年终奖？

Does the "average monthly wage for the twelve months before dissolution or termination" stipulated in the provisions on severance pay in the Labor Contract Law include the wage for the month of separation? Does it include overtime pay or year-end bonus?

2020.07.29

休年休假还是给补偿，谁说了算?

Who has the final say on whether the employee shall take Annual leave or get severance pay?

员工拒绝公司年假安排，要求直接给予未休年休假工资，可行吗？

Is it legally feasible for the employee to refuse the Annual leave arrangement by the company and claim the wages for unused Annual leave?

2020.07.22

员工年中离职要求年终奖能否被支持?

Should the year-end bonus be awarded if the employee resigns in the middle of the year?

2018年员工工作未满一年，离职时要求单位支付年终奖，能否获得法院支持？

Would the court support the employee’s claim for year-end bonus if he or she resigned from the company in the middle of the year 2018?

2020.07.02

员工手册规定年终奖只对考核时在职员工发放有效吗?

Is it valid for the employee handbook to stipulate that the year-end bonus shall only be granted to employees who are on duty at the time of assessment?

员工手册中规定年终奖发放期间，离职员工将不予发放，该规定有效吗？

It is stipulated in the employee handbook that an employee who has quitted shall not be entitled to year-end bonus. Is this provision valid?

2020.05.14

预支的年终奖能否要求员工退还?

Can employees be required to refund the year-end bonus advanced?

预支年终奖，员工工作不到年底就离职，预支的年终奖能否要求员工退还？

Our company advanced an employee the year-end bonus, but the employee resigned from office before the end of the year. Can we ask the employee to refund the advanced year-end bonus?

2020.04.30

新冠疫情下延迟复工，当年度员工是否还享有带薪年休假?

Are employees still entitled to paid Annual leave given the delayed resumption of work due to the COVID-19 epidemic?

新冠疫情导致延迟复工，单位按照停产停产支付了劳动者工资，2020年能否不再安排员工的带薪年休假？

Since the COVID-19 epidemic has caused a delay in resumption of work, the company has paid the employees their salaries during the suspension of work and production. Is it legal to cancel the paid Annual leave of the employees in 2020?

2020.04.30

公司规章可否规定离职前休完法定年假?

Can the company regulations stipulate that the statutory Annual leave should be taken upon separation?

公司可以要求员工休完所有法定年休假和公司年假后再离职，否则仅支付正常工作日工资吗？

Can the company regulations stipulate that employees are required to take all statutory and company Annual leaves before leaving the company, otherwise they will only be paid the normal working day salary?

2020.04.16

非全日制劳动者是否享有年休假?

Should part-time workers be entitled to Annual leave?

单位是否应给予非全日制劳动者年休假？

Does the employer need to grant part-time workers Annual leave?

2020.04.02

企业可以单方决定员工在何时休年休假吗?

Can a company determine unilaterally when an employee takes Annual leave?

疫情导致的停工停产期间，单位可以单方决定员工在何时休年休假吗？

During the shutdown period caused by the epidemic, can an employer unilaterally determine when an employee takes Annual leave?

2020.03.12

年休假与国家延长春节假期相重合的，如何处理?

What should I do if the Annual leave coincides with the national extension of the Spring Festival holiday?

2020年1月26日国务院办公厅决定延长2020年春节假期至2月2日。劳动者年休假或探亲假与国家宣布的延长春节假期相重合的，应当如何处理？

On January 26, 2020, the General Office of the State Council decided to extend the Spring Festival holiday in 2020 to February 2. What should be done if the Annual leave or home leave of workers coincides with the extension of the Spring Festival holiday announced by the state?

2020.03.12

连续休多月病假后，还能否休带薪年休假?

Can the employees take paid Annual leave upon consecutive months of sick leave?

员工连续休了3个月病假，还能在享受当年的带薪年假吗？

Are the employees entitled to paid Annual leave of the current year after taking a sick leave for 3 consecutive months?

2020.01.02

团队负责人用团建经费给自己发奖金，是否构成严重违纪？

Is it a serious violation of discipline for the team leader to grant himself bonus with the fund for the team building?

王某动用所在团队自行募集的团建经费为自己发奖金的行为，是否构成严重违纪？

Does it constitute a serious violation of discipline for Wang to use the team building fund raised by his team to grant himself bonuses?

2019.10.17

劳动者的月均工资加上年终奖后不低于最低工资，可以吗?

The average monthly wage of employee plus the year-end bonus is not lower than the minimum wage. Is this viable?

劳动者每月工资均低于最低工资，但加上年终奖后平均每月不低于最低工资可以吗？

The monthly wage of an employee is lower than the minimum wage. With the year-end bonus, however, the average monthly wage is not lower than the minimum wage. Is this viable?

2019.09.11