被迫解除劳动合同的解除事由不成立，解除通知有效力吗?

If the reason for being forced to rescind the labor Contract is false, is the notification on rescission effective?

如果劳动者被迫辞职所主张用人单位存在的用工违法行为不成立，此时劳动合同是否应认定被解除？

If the claim that the employer commits unlawful acts in employment, due to which the employee is forced to resign, proves false, shall the labor Contract be identified to be rescinded?

2021.04.08

女职工已达退休年龄，劳动合同终止时间如何确定?

If an woman worker reaches the retirement age, what time shall be determined as the termination time of labor Contract?

请问，如何判断该员工的劳动合同终止时间？退休该月工资如何发放？

What time shall be determined as the expiration time of the labor Contract with this employee? How shall she be paid for the month of retirement?

2021.04.01

劳动合同部分无效，能主张未签劳动合同二倍工资吗?

If a labor Contract is partially invalid, may an employee deem the labor Contract was not concluded and clam double pay?

单位与劳动者签订的劳动合同存在瑕疵，劳动者能否主张合同无效要求二倍工资？

In case of defects in the labor Contract between an employer and an employee, may the employee deem the Contract invalid and claim double pay?

2021.04.01

员工入职时隐瞒已婚信息，企业能否以此为由解除劳动合同?

Can the enterprise dissolve the labor Contract with the reason that the employee concealed his/her information of being married upon induction?

员工隐瞒已婚事实，能否以入职时有重大隐瞒事项为由与其解除劳动关系？

Can the employee who has concealed the fact of being married be relieved from the labor relations with the reason that (s)he had a significant concealed matter upon induction?

2021.03.25

能否与劳动者签订空白的劳动合同?

Can employer sign a blank labor Contract with employee?

用人单位是否可以与劳动者签订空白的劳动合同？

Can employer sign a blank labor Contract with employee?

2021.02.25

已经提供劳动保护，单位是否还需支付经济补偿？

Shall the employer still give severance pay if labor protection has been provided

员工以患职业病为由解除劳动合同，公司是否应支付经济补偿？

Shall the company give severance pay if the employee dissolves the labor Contract on the grounds of occupational diseases?

2021.02.18

职场隐婚构成劳动合同欺诈吗?

Does hidden marriage in workplace constitute a labor Contract fraud?

请问，员工向公司隐瞒已婚事实，是劳动合同欺诈吗？

Does it constitute a labor Contract fraud if an employee hides the fact of marriage from an employer?

2021.02.03

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