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

续签劳动合同能否约定更广泛的工作地点？

Can the work place be agreed in a wider geographical range when the labor Contract is renewed?

单位有一名员工一直天津地区工作，合同签订的工作地点也是天津。因工作需要调动到北京工作，后续单位计划让该员工两地（北京/天津）工作。那么在劳动合同续签时，可以将工作地点写成“北京/天津”或“华北”吗？

An employee of the company has been working in Tianjin, and the work place agreed in the Contract is also Tianjin. Now the employee is going to be transferred to Beijing due to work needs, and the company plans to arrange the employee to work in two places (Beijing/Tianjin). Then, can the work place be specified as “Beijing/Tianjin” or “North China” when the labor Contract is renewed?

2022.08.25

未能证明员工手册已进行公示，能否作为解除依据？

Can the employee handbook that can not be proved to have been publicized serve as the basis for rescission?

本案中，用人单位未能提交证据证明员工手册经职工代表大会或者全体职工讨论，亦未证明已公示或告知劳动者，能否依据员工手册解除？

In this case, the employer did not submit evidence to prove that the employee handbook had been discussed by the employee congress or all the staff, nor did it prove that the employee handbook had been publicized or informed to the employees. Could the employer rescind the labor Contract according to the employee handbook?

2022.08.25

补签劳动合同后，员工还能要求双倍赔偿吗？

Can the employee still claim double pay after the labor Contract is concluded retroactively?

一员工去年9月份入职，公司一直未与该员工签劳动合同。今年6月，公司欲补签合同。补签之后，员工还能要求未签劳动合同期间的双倍工资吗？

An employee joined the company in last September, and the company has never signed a labor Contract with this employee. In June this year, the company intended to sign a retroactive Contract. Can the employee, after a retroactive Contract is signed, still claim the double pay for the period when the labor Contract was not concluded?

2022.08.19

如何确定加班费计算基数？

How should the calculation base for overtime pay be determined?

高温津贴是否应当计入加班费计算基数？哪些部分应当计入加班费计算基数？双方在劳动合同中约定加班费计算基数是否可行？假期工资基数应当如何确定？如果基数不足，有何法律风险？

Should the high-temperature allowance be included in the calculation base of overtime pay? Which portions should be included in the calculation base of overtime pay? Is it feasible for the parties to stipulate the calculation base of overtime pay in the labor Contract? How should the base of leave pay be determined? If the base is insufficient, what are the legal risks?

2022.08.19

第二次签订的劳动合同，到期后可以终止吗？

Can a second-term labor Contract be terminated upon its maturity?

本案中，劳动者与用人单位签订了两次劳动合同，续签能否签订固定期限劳动合同？

In this case, the employee has concluded Contracts twice with the employer. Can another fixed-term labor Contract be signed for the renewal?

2022.08.11

疫情防控期间，劳动者的兼职行为能否得到支持？

Is the part-time behavior of employees supported during the period of pandemic prevention and control?

疫情的爆发给企业和劳动者都带来了不同程度的影响，疫情防控期间，在劳动合同约束下的企业和劳动者之间，可否允许劳动者兼职的“新模式”存在？

The outbreak of the COVID-19 pandemic has affected employers and employees to varying degrees. During the period of pandemic prevention and control, is the “new model” allowed that the employee takes a part-time job even if there is a binding labor Contract between the employer and the employee?

2022.08.04

第三方员工是否可以加入公司工会？

Can employees of third parties join the trade union of the company?

公司与人才公司签订保洁、绿化合同，该部分人员以小时工资支付，每天工作时间不超过4h。该类员工是否可以成为公司的工会会员？

Our company has signed a cleaning and greening Contract with an HR outsourcing company, according to which cleaning and greening personnel shall be paid by hour and their working time shall not exceed 4 hours per day. Can such employees join the trade union of our company?

2022.07.28

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

女员工达到50周岁，劳动合同会自然终止吗？

Is the labor Contract terminated naturally when a female employee reaches the age of 50?

公司一名女员工即将满50周岁，已签了无固定期限劳动合同。由于该员工的绩效一直不是很好，公司有意想要终止劳动合同，但该员工社会保险的缴纳年限还不足15年，还不符合领取养老保险资格。所以等到这个员工年满50周岁，劳动合同会自然终止吗？公司可以按照员工达到退休年龄为理由与她终止劳动合同，并不支付终止劳动合同经济补偿吗？

A female employee of our company is about to reach 50. The company has signed a open-ended labor Contract with her. Considering that her performance has not been very good, the company intends to terminate the labor Contract with her. However, her payment of social security is less than 15 years, so she is not eligible to receive pension. Will the labor Contract be terminated naturally when she turns 50? Can the company terminate the labor Contract with her without paying severance on the ground that she has reached the retirement age?

2022.07.21

单位因变更工作地点致员工不同意续签，是否应当支付经济补偿？

If the employee refuses to renew the labor Contract because the employer changes the work location, does the employer need to make severance pay?

本案中，用人单位在与劳动者续订劳动合同时变更工作地点、降低工资待遇，劳动者拒绝接受，用人单位以此为由不续签，是否应向劳动者支付经济补偿？

For the case at hand, the employer proposed to change the work location and reduce the salary when renewing the labor Contract with the employee, for which the employee refused to accept. As a result, the employer decided not to renew the labor Contract on such a ground. Should the employer pay severance?

2022.07.21

用人单位能否在劳动者试用期满后签订劳动合同？

Can the employer sign the labor Contract with the employee after the expiration of the probationary period?

用人单位在试用期满后与劳动者签订劳动合同，是否合法？

Is it legal for the employer to sign the labor Contract with the employee after the expiration of the probationary period?

2022.07.14

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

劳动合同中约定可以调整工作地点，为何认定无效？

Why is the stipulation on workplace adjustment in the labor Contract deemed invalid?

实务中，过于宽泛的约定，不能体现劳动者真实意思表示，有失公平合理，不能以该约定作为认定用人单位变更工作地点合理性的依据。

In practice, an overly general stipulation can’t reflect the true intention of the employee, which is unfair and unreasonable. Therefore, it can’t be used as the basis for determining the rationality of the employer’s change of workplace.

2022.07.07

劳动者主张被迫解除劳动合同能否获支持？

Can the employee’s claim of being forced to terminate the labor Contract be supported?

本案中，劳动者主张公司数月未发工资无法生存，口头告知公司被迫解除劳动关系，以此要求支付经济补偿能否获支持？

In this case, the employee claimed that the Company failed to pay him salaries, making him difficult for a living, so he verbally informed the Company that he was forced to terminate the labor relations. Will the employee’s claim for severance pay on this ground be supported?

2022.06.30