处理员工违纪行为的时效性有多长？

What is the Limitation of prosecution for employees’ disciplinary violations?

公司规章制度上没有明确追溯违纪行为的时效，可以惩戒1年甚至是多年前的违纪行为吗？法律或相关判案一般允许追究的时效性是多长？

Can the company prosecute disciplinary violations one year or even many years ago if the company’s rules and regulations do not clearly specify the Limitation of prosecution for disciplinary violations? What is the Limitation of prosecution generally allowed by law or related judgments?

2022.06.30

解雇返聘人员存在哪些法律风险？

What are the legal risks of dismissing the rehired employees?

1995年～2006年因当时社保意识不强，公司未为该员工缴足社保，公司存在哪些法律问题或风险？在解雇该员工时，公司需注意那些细节问题？因社保问题，员工退休后的追诉期有多久？

Due to the lack of social security awareness at that time, the Company did not fully pay the social insurance premium for this employee during the period from 1995 to 2006. What legal issues or risks will the Company have? What details should the Company be concerned about when dismissing this employee? How long is the Limitation of prosecution for social security issues after retirement?

2022.06.09

在调解书中放弃权利后，能否再次提起劳动仲裁？

Can a party lodge Arbitration again after declaring a waive of rights in a mediation agreement?

劳动者与用人单位在仲裁阶段达成调解，仲裁委作出仲裁调解书，明确双方调解后自愿放弃其他仲裁请求，再无其他劳动争议。调解后，劳动者再提出仲裁请求，仲裁委是否应当受理？

In this case, the employees and the employer reached a mediation agreement during Arbitration, which was then made into a written form by the Arbitration commission, specifying that both parties are willing to waive their rights for other Arbitration requests after mediation and they have no other labor disputes. However, the employees applied for Arbitration once more after mediation. In this circumstance, should the Arbitration commission accept the application?

2022.04.21

用人单位伪造考勤记录，职工能否拿到加班费？

If the employer forges the attendance record, can the employees get the overtime pay？

用人单位在仲裁与一审期间提交的考勤记录存在多处不一致，职工能否拿到加班费？用人单位实行综合工时制，是否可以不支付延时加班费？

If there are many discrepancies of the attendance records submitted by the employer during the Arbitration and the first instance, can the employer get the overtime pay? If the employer adopts the comprehensive working hour system, whether it does not need to pay the overtime pay?

2022.03.10

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

劳动者主张未签订合同双倍工资，仲裁时效如何计算?

How to calculate the prescribed period for Arbitration if employee asserts the double salary on the grounds that the labor contract has not been signed?

对于劳动者主张未签订劳动合同的双倍工资，仲裁时效应如何计算？

How to calculate the prescribed period for Arbitration for cases where the employee asserts the double salary on the grounds that the labor contract has not been signed.

2020.12.31

发生劳动争议时，电子劳动合同会被认可吗?

Will the electronic labor contract be accepted in case of labor dispute?

从法律层面来说，尤其是劳动仲裁的时候，电子劳动合同是否被承认，有什么需要注意的吗？

From the legal point of view, especially in labor Arbitration, will the electronic labor contract be recognized, and is there anything that needs to be noticed?

2020.07.29

发生劳动争议时，在第三方平台签订的电子劳动合同会被认可吗?

In the event of a labor dispute, would the electronic labor contract signed on a third-party platform be accepted?

近几年出现了提供电子合同签订的网上平台，发生劳动仲裁的时候，这样的电子劳动合同是否被承认？

Over the recent years there have been online platforms providing electronic contract signing service. Would such an electronic labor contract be acknowledged in the event of a labor Arbitration?

2020.06.04

协商解除合同后一方反悔怎么办?

What if one party reneges after the contract is dissolved through negotiation?

协商一致解除劳动合同后，劳动者反悔申请劳动仲裁怎么办？

What if the employee goes back on his word and applies for labor Arbitration After the labor contract is dissolved by consensus?

2020.02.20

因发生劳动争议中断工伤认定，会造成工伤认定申请超时限吗?

If the work-related injury assessment is interrupted by a labor dispute, will it leave the application for work-related injury assessment beyond the deadline?

因劳动争议仲裁而超过了申请工伤的时限，无法再申请工伤认定。这种说法正确吗？

It’s impossible to apply for work-related injury assessment once the application deadline is missed due to labor dispute Arbitration. Is this statement correct?

2019.11.28

员工以变相转岗为由提出劳动仲裁，用人单位该如何处理？

Where the employee applies for labor Arbitration on the grounds of disguised job transfer, what can the employer do?

员工同意裁员，但是要求延长期限，后以用人单位增加工作量属于变相转岗为由提出劳动仲裁。

The employee agreed to the layoff decision but requested a delayed execution. After that, the employee submitted the claim for labor Arbitration on the grounds that increased workload was another form of job transfer.

2019.01.31

员工违纪证据为何被认定无效？

Why is the evidence of employee’s violation deemed void?

该企业规章制度内容、程序合法，用人单位下达的解除劳动合同通知书也是依据张某违反企业规章制度而作出，为什么仲裁院仍裁决由用人单位支付违法解除劳动合同的赔偿金呢？

Given that the firm’s regulations were legal in contents and procedures and that the notice on terminating the labor contract transmitted from the employer was compiled on the basis that Zhang had violated the firm’s regulations, why did the court of Arbitration still rule that the employer should pay the compensatory sum for the illegal termination of the labor contract?

2018.10.11

未休年休假工资仲裁时效的问题

Question on the timeliness of Arbitration on wages for unspent annual leaves

我公司与某员工解除劳动合同，其要求公司支付8年前至今的所有未休年休假折算工资，请问是否会得到支持？

When our company is dissolving the labor contract with some employee, the employee requires the company to pay discounted wages for all the unspent annual leaves from eight years ago till now. Would his request be supported, please?

2018.09.13

工伤赔偿协议效力问题

Effectiveness of the work-related injury compensation agreement

单位没有给员工缴纳工伤保险，现一员工发生工伤，单位想要与劳动者达成赔偿协议，如若劳动者又提起仲裁和诉讼，要求单位按照工伤保险待遇赔付，我们签订的赔偿协议还有效吗？

Our company did not contribute the work-related injury insurance for employees. Now one employee has encountered work-related injury and the company wants to reach a compensation agreement with the employee. However, if the employee files for Arbitration and litigation afterwards, asking the company to make compensation based on treatments of the work-related injury insurance, will the compensation agreement signed between us be valid by then?

2018.07.05