员工口头离职，不办理离职手续，公司应如何处理？

How should the company deal with the employees who only resign orally without going through resignation Procedures?

员工口头向公司提出离职，后续没有来上班，公司电话联系他到公司办理正常离职手续，但以各种理由推脱。公司可以采用什么方式通知他办理离职手续？如果其一直不来办理离职手续，公司是否会存在法律风险？公司如以连续旷工数日等违法公司制度与其解除劳动合同关系，是否存在赔偿问题？

An employee submitted resignation orally to the company and had not showed up for work since then. The company contacted him by telephone to come to the company and handle the official resignation Procedures, but he evaded it for various reasons. How can the company inform him to go through the resignation formalities? If he never shows up to go through the resignation formalities, will the company face legal risks? If the company terminates the labor contract with him by reason of violating the company regulations such as being absent from work for several days, does the company need to make compensation?

2022.09.01

企业规章制度是否必须通过民主程序才能有效实施？

Do corporate rules and regulations have to go through a Democratic Procedure to be effectively implemented?

企业规章制度是否必须通过民主程序方可有效实施？全体员工2/3以上的表决通过是否就能实施？如果员工表决时不通过，公示后不签字，公司有什么法律风险？

Do corporate rules and regulations have to go through a Democratic Procedure to be effectively implemented? Can they be implemented after being adopted by more than 2/3 of the staff? What are the legal risks of the company if rules and regulations are not adopted during voting and employees refuse to sign for confirmation after the announcement?

2022.09.01

员工未按要求交接工作，离职证明能否列明事项？

If an employee fails to hand over the work as required, can relevant instructions be included in the separation certificate?

若员工辞职后未按公司要求完成工作交接，且未按要求退还公司的欠款，在离职证明上是否能列明“按照正常手续办理离职”或”拖欠公司款项”等说明？或有其他方式可对员工进行追溯？

If an employee fails to complete the work handover as required by the Company after separation, and fails to pay back the amount owed to the company as required, can the separation certificate include instructions such as “separating according to normal Procedures” or “owing money to the company”? Or are there other ways to trace the employee?

2022.05.26

使用中介机构代发薪是否合规？

Is it legal to pay wages through an agency?

分公司设立独立社保账户和住房公积金账户，通过中介机构代发薪给员工，是否合规？如果合规，具体有什么需要留意的步骤或操作？

Is it legal for a branch to set up an independent social insurance account and a housing fund account and pay wages to employees through an agency? If it is legal, what Procedures or operation should we pay attention to?

2022.03.03

用人单位能否以员工未办工作交接为由拒绝支付经济补偿？

Can the employer refuse to pay economic compensation on the grounds that the employee has not done the work handover？

劳动者未按要求办理工作交接手续，单位能否以此为由拒付经济补偿？

If the employee fails to go through the work handover Procedures as required, can the employer refuse to pay the economic compensation on this ground?

2022.02.24

员工在工伤认定申请期间提出离职，公司还要继续履行吗？

Is it necessary for a company to continue to go through the ascertainment Procedures of a work-related injury when an employee resigns during the application?

工伤认定申请期间，认定程序还没结束时员工提出辞职，公司是否有必要继续履行工伤认定程序？

Is it necessary for a company to continue to go through the ascertainment Procedures of a work-related injury when an employee resigns while the determination process is still pending during the application for ascertainment of a work-related injury?

2022.01.20

公司未办理退工手续影响劳动者就业，是否支付相应损失？

Shall a company pay for the corresponding loss if failing to handle the Procedure of dismissal and thereby affecting the employee’s employment?

解除劳动关系后，用人单位未及时办理退工手续，影响劳动者就业是否应支付相应损失？

Shall the employer pay for the corresponding loss if failing to handle the Procedure of dismissal and thereby affecting the employee’s employment, after rescinding the labor relations?

2021.10.28

有病假单却不履行请假手续，公司能按旷工处理吗？

Shall an employee presenting a doctor’s certificate but failing to fulfill the sick leave application Procedures be treated as absenteeism？

职工有病假单却不履行请假手续，用人单位能否按旷工处理？

Can an employer consider its employee as absent from work when he or she has a doctor’s certificate but fails to go through the leave application Procedures?

2021.08.26

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

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

劳动者未办理离职交接，能否扣押工资?

If an employee fails to handle the hand-over Procedure, can the pay be lodged?

员工小沈于今年9月30日提出离职，但至今未完成工作交接手续。单位能扣押其9月份工资吗？

Shen proposed to quit the company on September 30 this year, but has not completed the work handover Procedure yet. Can the September pay be lodged with the company?

2019.11.07

员工办理离职手续当天发生交通事故，可否认定工伤?

If an employee has a traffic accident on the day of going through the severance Procedures, can the accident be identified as a work-related injury?

员工在2019年5月15日办理离职手续，最后工作时间为当天下午18：00。但是，员工在当天下班回家路上发生非本人主要责任的交通事故，可否认定工伤？

An employee will go through the severance Procedures on may 15, 2019, and the last working time will be 18:00. However, if on way home from work on that day the employee has a traffic accident that is not primarily due to such employee’s fault, can the accident be identified as a work-related injury?

2019.05.30

员工未办理工作交接，单位可否拒付工资?

May the employer refuse to pay if any employee fails to go through work handover Procedures?

员工未履行办理工作交接的义务，公司能否不支付其工资？

Can the employer not pay salary due to the employee’s failure to fulfill the obligations to complete work handover?

2019.02.21

员工违纪证据为何被认定无效？

Why is the evidence of employee’s violation deemed void?

该企业规章制度内容、程序合法，用人单位下达的解除劳动合同通知书也是依据张某违反企业规章制度而作出，为什么仲裁院仍裁决由用人单位支付违法解除劳动合同的赔偿金呢？

Given that the firm’s regulations were legal in contents and Procedures and that the notice on terminating the labor contract transmitted from the employer was compiled on the basis that Zhang had violated the firm’s regulations, why did the court of arbitration still rule that the employer should pay the compensatory sum for the illegal termination of the labor contract?

2018.10.11

公司不安排新员工入职体检，是否违反劳动法 ？

Are companies against the Labor Law if failing to arrange any entry health examination for new employees?

新员工入职体检是公司必须的流程吗？如果不安排新员工入职体检是否违反劳动法或者相关法律？

Is the entry health examination of new employees a compulsory Procedure of companies? Are companies against the Labor Law or relevant laws if failing to arrange any entry health examination for new employees?

2018.09.06