癌症员工劳动合同终止，单位应如何进行经济补偿？

When the labor Contract with employee suffering from cancer terminates, how shall the employer make economic compensation?

南京当地员工患有胃癌，现劳动合同到期终止，医疗期已结束。公司依法终止劳动合同，除经济补偿金N外，还有什么补偿要求？有何政策依据？

The labor Contract with a local employee in Nanjing who suffers from gastric cancer expires, and the medical treatment period has ended. If the company terminates the labor Contract according to law, what compensation claims are there besides the severance pay for N years of service length? What is the policy basis?

2021.09.23

以劳动者打架斗殴为由解除劳动合同是否合法？

Is it legal to terminate the labor Contract on the grounds of fighting or brawl between employees?

本案中，郑某与车间班组长的打架行为，情节是否严重到应该解除劳动合同？

In this case, was Zheng’s fight with the job foreman of the workshop serious enough to warrant termination of his labor Contract?

2021.09.23

最后一次固定期限劳动合同到期，用人单位能否终止劳动合同？

Can the employer terminate the labor Contract upon expiry of the last fixed-term labor Contract?

用人单位与劳动者连续订立二次固定期限劳动合同后，劳动者与用人单位再次订立固定期限劳动合同的，最后一次固定期限劳动合同到期时，用人单位是否可以终止劳动合同？

After the employer and the employee have continuously signed the fixed-term labor Contract for tow times, if the employee and the employer conclude the third fixed-term labor Contract again, can the employer terminate the labor Contract upon expiry of the last fixed-term labor Contract?

2021.09.16

公司能否在出具解除劳动合同证明时设置竞业条件？

Can an employer set competition preconditions while issuing a certificate of labor Contract dissolution？

劳动者主张离职，用人单位在为其开具解除劳动合同证明时，能否要求劳动者签订竞业限制协议？

Can an employer require the employee who claims resignation to sign a non-competition agreement while issuing a certificate of labor Contract dissolution for him/her?

2021.09.16

员工不告而别如何处理？

How to deal with the situation that an employee takes French leave？

公司招聘了一名员工，签订了劳动合同，但是他才入职1天就不来了，给他打电话他说不来了，我们该怎么办？按照旷工处理吗？

A company has recruited an employee and signed a labor Contract, but the employee was absent after working for no longer than one day since inducted and replied to our call that he would never return to work. What shall we do? Can such a situation be treated as absenteeism?

2021.09.01

女职工退休50岁or55岁？

Can female workers retire at the age of 50 or 55？

公司有一位女员工任高级销售经理岗位，今年8月她将年满50周岁，公司是否可以跟她终止劳动合同并办理退休？

A female employee working as a senior sales manager in the company will turn 50 years old in August this year. Can the company rescind the labor Contract with her and arrange the retirement for her?

2021.08.26

分公司独立成为一家公司是否需要重新签订劳动合同？

Does a branch need to re-sign the labor Contract with its employees after it becomes an independent company？

分公司独立成为一家新公司是否需要和员工重新签订一份新的劳动合同？如果员工不同意应如何处理？

Does a branch need to re-sign a new labor Contract with the employees if it becomes an independent company?What should they do if the employee disagrees?

2021.07.29

企业口头变更劳动合同，合法有效吗？

Is it legal and valid for an enterprise to amend the labor Contract orally?

企业口头变更劳动合同，员工到任一个月后能再主张公司行为违法吗？

May an employee claim the company's behavior is illegal after taking office for one month after the company has amended the labor Contract orally?

2021.07.22

员工在外任职，可以按照约定以违约解除吗?

May the labor Contract with an employee holding an external post be dissolved on the grounds of breach of Contract according to agreement?

公司劳动合同上有条款规定“不得在外任职，否则可以按照违约解除”。现有员工在职期间有兼职，如何处理？

There is a clause in the company's labor Contract that "the Employee is not allowed to hold an external post, otherwise the labor Contract may be dissolved for breach of Contract". How to deal with employees on payroll who hold part-time jobs during their employment?

2021.07.22

用人单位违法解除劳动合同，竞业限制协议还有效吗？

Is the non-competition agreement still valid if an employer terminates the labor Contract in violation of law？

用人单位违法解除劳动合同，劳动者的竞业限制义务是否就此解除？

Will the employee be relieved from non-competition obligations if the employer terminates the labor Contract in violation of law?

2021.07.15

用工前订立劳动合同，劳动关系何时建立？

When shall the labor relations be established if the labor Contract is concluded before employment？

用人单位与劳动者在用工前订立劳动合同的，劳动关系自什么时间建立？

When shall the labor relations be established if the employer and the employee conclude a labor Contract before employment?

2021.07.15

劳动者打架斗殴，可否解除劳动合同?

Can the labor Contract with an employee be rescinded for fighting and brawling?

本案中，郑某与车间班组长的打架行为，情节是否严重到应该解除劳动合同？

In this case, was Zheng's fight with the job foreman of the workshop serious enough to warrant termination of his labor Contract?

2021.07.08

能否以员工拒绝随迁为由单方面解除劳动合同？

Can an employer rescind the labor Contract unilaterally with an employee who refuses to relocate along？

用人单位办公场所搬迁，员工拒绝更换工作地点的，是否可以单方面解除劳动合同？

Where an employer’s workplace is relocated, can the employer rescind the labor Contract unilaterally with the employee who refuses to change the workplace?

2021.07.01

解除不愿随迁员工超过二十名，是否需要走裁员流程？

Is it necessary to initiate the layoff process to dismiss more than 20 employees who are not willing to relocate？

用人单位办公场所租约到期，预计搬迁至外地，员工不愿意随迁，如解除劳动合同的员工超过二十名，是否需要走裁员流程？

Where the lease of the employer's office premises expires and the employer is expected to relocate to another place, is it necessary to initiate the layoff process to rescind the labor Contract with more than 20 employees who are not willing to relocate?

2021.06.24

劳动合同到期未提前一个月通知，企业应承担什么责任？

What shall the employer be liable for failure to notify the expiry of labor Contract one month in advance？

劳动合同到期终止，企业未提前一个月告知员工，需要支付一个月工资作为“代通知金”吗？

Shall the employer pay the wage of one month as “payment in lieu of notice” for failure to notify the employee of the expiry of labor Contract?

2021.06.17