疫情原因导致劳动合同未及时续签，要支付二倍工资吗?

Should the company pay twice the salary if the labor Contract is not timely renewed due to the epidemic?

疫情原因导致劳动合同到期后几个月才续签，要支付二倍工资吗？

Should the company pay twice the salary if the labor Contract is not renewed until several months upon its expiration?

2020.07.09

劳动合同能否约定被公安机关收容审查、拘留或逮捕的，属于严重违纪?

Can labor Contract stipulate that any employee who is sheltered for investigation, detained or arrested by a public security organ shall be deemed to have committed a serious violation of discipline?

劳动合同中约定劳动者涉嫌违法犯罪被公安机关收容审查、拘留或逮捕的，属严重违纪，这种条款是否有效？

Is it valid if the labor Contract stipulates that any employee who is sheltered for investigation, detained or arrested by a public security organ on suspicion of illegal crime shall be deemed to have committed a serious violation of discipline?

2020.06.11

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

医疗期内，用人单位不得随意解除劳动合同!

Employer can’t rescind the labor Contract at discretion during the medical treatment period!

劳动者出院后未再提交请假单，单位以其不适合工作岗位且严重违反劳动纪律和规章制定为由解除劳动合同违法吗？

Is it illegal that the employer rescinds the labor Contract for the reason that the employee who fails to submit a written request for leave after being discharged from hospital is not eligible for the job position and that he has seriously violated the labor discipline and regulations?

2020.06.04

劳动合同延期3个月属于第二次签订劳动合同吗?

Will a 3-month extension of labor Contract constitute a second consecutive conclusion of labor Contract?

劳动合同延期3个月构成第二次签订劳动合同吗？会导致到期无法终止吗？

Will a 3-month extension of labor Contract constitute a second consecutive conclusion of labor Contract? Will it be unable to terminate upon expiration?

2020.05.28

即将毕业的大学生可与用人单位认定劳动关系吗?

May the labor relations be identified between soon-to-be college graduates and employers?

即将毕业的大学生与用人单位签订的劳动合同可以认定为劳动关系吗？

May the labor Contracts between soon-to-be college graduates and employers be identified as the establishment of labor relations?

2020.05.21

如此调岗合法吗?

Is such transfer-position legal?

公司将员工从驾驶员岗位调至车间操作工，该员工未按约定报到，公司解除劳动合同合法吗？

The company transferred one of its employees from the driver position to the workshop operator position. As the employee failed to report for duty as stipulated, is it legal for the company to terminate the labor Contract?

2020.05.21

公司能以员工学历造假为由解除劳动合同吗?

Can the company dissolve the labor Contract on the grounds that the employee falsifies academic qualifications?

公司HR在梳理员工材料的时候发现有一个员工张某提交的入职学历造假，能解除劳动关系吗？

When sorting out the employee materials, the company’s HR found that employee Zhang had submitted false entry academic credentials. Can the company dissolve the labor relation?

2020.05.14

哺乳期女职工拒绝随迁，用人单位能解除劳动合同吗?

Can an employer terminate the labor Contract with a female employee who refuses to relocate with the company during her lactation period?

公司搬迁，哺乳期员工拒绝随迁，这种情况该如何处理？

How can we deal with such a situation where an employee refuses to relocate with the company during her lactation period?

2020.05.07

公司提前解散，是否要先与员工协商解除劳动合同?

Is it necessary to negotiate with the employees to terminate the labor Contract if the company decides to dissolve ahead of schedule?

公司在解散注销之前，是否应先与全体员工协商解除劳动合同？

Should the company negotiate with all employees to terminate the labor Contract before the dissolution of the company?

2020.04.30

员工入职5天后通知单位要离职，离职手续办不办?

Is it necessary to handle the resignation procedure if the employee informs the company of his/her resignation after 5 days of employment?

员工入职5天，未来得及与他签劳动合同，员工就电话通知公司不做了，那离职手续可否不用办理？

If the employee informs the company by telephone of his resignation after 5 days of employment, without signing the labor Contract, can the resignation procedures be omitted?

2020.04.23

哺乳期女员工第二次合同到期如何处理？

How should we do about the second expiration of labor Contract for female employees in lactation period?

女员工第二次固定期合同即将到期，但哺乳期还有很长一段时间，能否以合同到期为由通知其哺乳期结束不续签？

The second fixed-term labor Contract for one of our female employees is about to expire, but there is still a long lactation period. Can the expiration of the Contract be used as a reason to inform the female employee that her Contract will not be renewed upon the end of lactation period?

2020.04.16

职工拒绝在工资单上签字，用人单位能否拒付工资？

Can the employer decline to pay the salary if the employee refused to sign the payroll?

单位因职工拒绝在工资单上签字而未发工资，员工能否以未按月支付劳动报酬为由，与公司解除劳动合同？

The employer did not pay the salary because the employee refused to sign the payroll. Can the employee terminate the labor Contract with the employer on the ground that the employer failed to pay monthly labor remuneration?

2020.04.16

在试用期内解除劳动合同是否应该支付经济补偿?

Should financial compensation be paid for the termination of the labor Contract during the probation period?

本案的争议焦点是劳动者在试用期期间因患病，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作，用人单位与其解除劳动合同是否应该支付经济补偿。

The focus of the dispute in this case is whether the employer should pay economic compensation for the termination of the labor Contract if the employee is sick during the probation period and can engage neither in his original work nor in other work arranged by the Employer upon the expiration of the probation period.

2020.04.02

用人单位能否拒绝新冠肺炎治愈职工返岗或将其解职?

May an employer bar the cured NCP patient from resuming work or dismiss such employee?

员工患上新冠肺炎但已治愈，单位能解除与其劳动合同吗？

An employee Contracted the NCP but was cured later. Can an employer rescind the labor Contract?

2020.03.26