已知员工造假却继续用工，日后还能解除吗?

Can an employee who is known to commit counterfeit but continued to be employed be dismissed in the future ?

公司知道员工学历造假却继续用工，日后能以学历造假为由解除劳动合同吗？

Can the company rescind labor Contract in the future on the ground of fabricated academic credentials with some employee who is known to fabricate his/her academic credentials but still to be kept on with employment?

2021.01.14

能否以“末位淘汰”为由与劳动者解除合同?

Is it reasonable to rescind labor relations with employees on the ground of "bottom-out" system?

公司以“末位淘汰”为由与员工解除劳动合同，合理吗？

Is it reasonable for the company to rescind the labor Contract with employees on the ground of “bottom-out” system?

2021.01.07

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

员工医疗期满后，单位在什么情形下可以解除劳动合同?

Under what circumstance(s) can the employer rescind the labor Contract after the employee’s medical treatment period expires?

医疗期满后，单位是否需要为无法返岗工作的员工另行安排其他岗位？未另行安排其他岗位直接解除劳动合同是否违法？

After the medical treatment period expires, need the employer assign another job for employees who are unable to return to work? Is it illegal to rescind the labor Contract immediately instead of assigning alternative jobs?

2020.12.24

如何理解“同一用人单位与同一劳动者只能约定一次试用期”?

How should “the same employer can impose only one probationary period on the same employee” be construed?

如何理解《劳动合同法》有关“同一用人单位与同一劳动者只能约定一次试用期”的规定？

How should the provision of the Labor Contract Law that "the same employer can impose only one probationary period on the same employee” be construed?

2020.12.17

公司规章制度与劳动合同约定内容不一致，应如何适用?

How should the compan’s bylaws be applied if they are inconsistent with the content agreed in the labor Contract?

从公司提供绩效考核管理制度的内容看，与双方劳动合同约定的内容不一致，唐某要求优先适用劳动合同约定，应予支持。

Since the content of the performance appraisal management system provided by the company is inconsistent with the content agreed in the labor Contract, Tang’s claim for preferential execution of the labor Contract shall be supported.

2020.12.17

重症疾病患者提前退休、退职事宜

Early Retirement and Resignation of Employees with Severe Diseases

员工已连续休病假24个月，能否在劳动合同到期后办理提前退休或退职手续？

Can an employee who has been on sick leave for 24 consecutive months go through early retirement or resignation procedures after the expiration of the labor Contract?

2020.12.03

劳动合同中如何约定工作地点?

How should the workplace be stipulated in the labor Contract?

劳动合同中如何约定工作地点，越概括越好，还是越具体越好？

How should the workplace be stipulated in the labor Contract, the more general the better, or the more specific the better?

2020.12.03

劳动合同与规章制度不一致，以哪个为准?

If the labor Contract is inconsistent with the rules and regulations, which one shall prevail?

劳动合同的约定与单位规章制度的规定不一致时，以哪个为准？

In case of any inconsistency between the labor Contract and the rules and regulations of the employer, which one shall prevail?

2020.11.04

拒绝新岗位并终止劳动合同，可否主张经济补偿?

Is an employee entitled to claim severance pay if he refuses a new job and terminate the labor Contract?

员工拒绝公司提供的新岗位，并未再上班。主张经济补偿能否获得支持？

The employee refused the new job assigned by the company and did not show up again. Will his claim for severance pay be supported?

2020.11.04

实习大学生在企业顶岗的有关问题

Some issues regarding college students’ substituted post exercitation in enterprises

某大学安排一批学生到企业顶岗实习。企业是否要与大学生签订劳动合同？

A university arranges substituted post exercitation in enterprises for a group of students. Shall enterprises conclude labor Contracts with these college students?

2020.10.29

劳动合同部分无效，单位应该支付第二倍工资吗?

If a labor Contract is partially invalid, shall an employer pay a second half of double wage?

用人单位与职工签订的劳动合同部分条款违反法律规定，应否支付未签订劳动合同的另一倍工资？

If some clauses of a labor Contract by and between the employer and the employee violate the law, shall the employer pay a second half of double wage for failure to conclude a labor Contract?

2020.10.29

续签劳动合同时应注意哪些问题?

What should be noted during the renewal of labor Contract?

用人单位决定与劳动者续签劳动合同时应注意哪些问题？

What should be noted by the employer when it decides to renew the labor Contract with the employee?

2020.10.22

医疗期内达到法定退休年龄怎么办?

How shall the case be handled where an employee reaches the statutory retirement age during the medical treatment period?

劳动者在医疗期内达到法定退休年龄，用人单位是否可以终止劳动合同？

If an employee reaches the statutory retirement age during the medical treatment period, may an employer terminate the labor Contract?

2020.09.24

员工取保候审期间，单位能否中止劳动合同?

May the employer terminate the labor Contract with the employee obtaining a guarantor pending trial?

员工取保候审期间，单位中止劳动合同是否合法？

Is it legal for the employer to terminate the labor Contract with the employee obtaining a guarantor pending trial?

2020.09.17