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

员工对部分劳动仲裁裁决不服提起诉讼，仲裁裁决书是否生效?

Where any employee institutes legal proceedings against some results of a labor Arbitration, whether the said labor Arbitration remains effective?

请问我司员工对劳动仲裁裁决部分不服提起诉讼，对于已支持公司部分的裁决内容，公司是否可依据仲裁裁决书申请人民法院强制执行？

Where any employee institutes legal proceedings against some results of a labor Arbitration, for the Arbitration already in favor of the Company, whether the Company can apply to the people’s court for compulsory execution in accordance with the said labor Arbitration?

2018.01.25

年休假纠纷的时效是多久?

How long is the Limitation of disputes over annual leave?

请问年休假纠纷的时效是多久？年休假折现纠纷是否属于劳动报酬范畴？

How long is the Limitation of disputes over annual leave? Does the conversion of annual leave into currency payment fall within the extent of labor remuneration?

2017.12.28

协商一致解除怀孕女职工是否存在法律风险？

Is there any legal risk in dissolving the labor contract with a female employee in pregnancy through friendly negotiations?

公司与怀孕女同事协商离职，离职原因为自己提出，并签字确认，如果她现在想回来提出仲裁，公司存在风险吗？

Our company consulted with a female employee in pregnancy about her demission, and the employee proposed and signed the reason for demission on her own. If she now applies for Arbitration, is the company at risk?

2016.12.15

用人单位是否可以约定延长试用期?

Can an employer stipulate extension of probation period?

三个月试用期结束后不久小李申请仲裁，要求H公司支付违法约定试用期的赔偿金，那么H公司约定延长试用期是否有效呢？

Shortly after the expiry of the first three-month probation period, Li applied for Arbitration, requiring H company to pay the compensation for illegally stipulating the probation period, then is H company’s stipulating extension of probation period valid?

2016.11.24

关于劳动法中的时效问题

About Limitation in the Labor Contract Law

解除劳动关系后关于解除事宜的诉讼有效期是一年？但是在员工无论何种方式离职后，关于工资、加班费、年假、社保和公积金、奖金的诉讼有效期没有限制时间？

Does the Limitation of action in respect of dissolution last for one year after the dissolution of labor relation? Is there any Limitation of action in respect of wage, overtime pay, annual leave, social insurance, provident fund and bonus after any employee leaves office for whatever reason?

2016.08.11

“职场碰瓷”案例二：抓住管理瑕疵，索要加班工资

Case II About “Blackmail in Job Market”: Claim overtime wages by taking advantage of the defects in respect of management

碰瓷者利用企业的管理漏洞，借助仲裁的合法形式进行恶意维权。

The blackmailers safeguard their legal rights out of malice by taking advantage of enterprises’ flaws in respect of management and by virtue of the lawful form of Arbitration.

2016.07.14

企业奖金制度制定的实例分析

Instance Analysis on the Formulation of the Enterprise Bonus System

在制定及审核公司内部规章制度中的奖金政策时，用人单位应根据其操作实践尽可能详细地明确员工奖金计算及发放的条件，尤其要注意对离职员工的奖金发放条件作出限制，并且按照法律的规定经过民主程序使该等规章制度依法生效。

When formulating and reviewing the bonus policy of internal rules and regulations of companies, employers should try to expound the calculation and issuing conditions of bonuses according to its operational practice. Especially employers should pay attention to the Limitations on the issuing conditions of the bonuses of separated employees, and make these rules and regulations come into effect legally through democratic process regulated by laws.

2016.01.28

公司没有向高管兑现承诺的奖金和福利，高管可以向公司索要赔偿吗?

If the employing company failed to cash the committed bonuses and benefits to an executive, can the executive claim indemnity?

奖金和福利如果属于劳动合同约定的工资组成部分的，高管可以以克扣工资为由，提起劳动仲裁。

If they are provided in and constitute a part of the labor contract, then the executive can file labor Arbitration on the ground of wage deductions.

2016.01.28