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

关于医疗期及解除的问题

Medical treatment period and dissolution of labor relations

职工完全丧劳但不符合病退条件，与其解除劳动关系要支付补偿金和医疗补助费吗？

Shall an employer give severance pay and medical subsidy if it rescinds the labor relations with an employee who is identified as having lost working capability entirely but ineligible for health retirement?

2020.09.10

能否以未获得过节费为由要求支付经济补偿?

May a claim for severance pay be made on the grounds of having never received a festival allowance?

公司有一名员工以公司未支付过节费为由解除劳动合同，要求被迫解除劳动合同的经济补偿金，请问员工的主张能否得到支持？

One of the company’s employees terminated the labor Contract on the grounds that the company had never paid any festival allowance, claiming severance pay for being forced to terminate the labor Contract. May the employee's claim be supported?

2020.09.03

工伤职工严重违纪被解雇，能否享受工伤待遇?

If an employee sustaining a work-related injury is dismissed for serious disciplinary violation, is he eligible for work-related injury benefits?

用人单位能否解除违纪工伤职工的劳动合同？

May the employer terminate the labor Contract with the employee sustaining a work-related injury on the grounds of disciplinary violation?

2020.09.03

约定劳动者支付“代通知金”，无效!

The stipulation providing that an employee shall make “payment in lieu of notice” is invalid!

劳动合同约定劳动者辞职未提前一个月通知用人单位，需支付一个月工资作为“代通知金”，是否合法？

Is it legal to dock one month's wage as "payment in lieu of notice” if an employee resigns without notifying an employer one month in advance according to the labor Contract?

2020.08.26

劳动者不签订劳动合同，用人单位终止合同合法吗?

Is it legal for the employer to terminate the labor relations with the employee failing to conclude a labor Contract?

劳动者拒绝签订劳动合同，单位可以解除劳动关系吗？

If the laborer refuses to sign the labor Contract, can the unit terminate the labor relationship?

2020.08.06

“解除或者终止前十二个月的平均工资”含不含离职当月工资?

Does the “average monthly wage for the twelve months before dissolution or termination" include the wage for the month of separation?

《劳动合同法》关于经济补偿规定中的“解除或者终止前十二个月的平均工资”含不含离职当月工资？含不含加班费或年终奖？

Does the "average monthly wage for the twelve months before dissolution or termination" stipulated in the provisions on severance pay in the Labor Contract Law include the wage for the month of separation? Does it include overtime pay or year-end bonus?

2020.07.29

发生劳动争议时，电子劳动合同会被认可吗?

Will the electronic labor Contract be accepted in case of labor dispute?

从法律层面来说，尤其是劳动仲裁的时候，电子劳动合同是否被承认，有什么需要注意的吗？

From the legal point of view, especially in labor arbitration, will the electronic labor Contract be recognized, and is there anything that needs to be noticed?

2020.07.29

能否以未足额获得加班费为由要求支付经济补偿?

Can the employee claim severance pay on the grounds that he or she didn’t receive the overtime pay in full?

员工以公司未足额支付加班费为由解除劳动合同，并要求被迫解除劳动合同的经济补偿金，其主张能否得到支持？

Can the employee's claim be supported if he or she terminates the labor Contract on the grounds that the company failed to give the overtime pay in full and demands the severance pay for being forced to terminate the labor Contract?

2020.07.22

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