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

退休返聘人员，公司能随时解除返聘协议吗？

Can the company terminate the reemployment agreement with a reemployed retiree without notice?

公司现有一名退休返聘员工，协议约定了两年的服务期限，现在已经工作了一年多，但公司对他的工作不是很满意，现在也找到了别的替代人选，公司可以直接和这个员工解除退休返聘协议吗？需要支付补偿吗？

The company signed a two-year reemployment agreement with a reemployed retiree. Now he has been working for more than one year, but the company is not satisfied with his work and has already found an alternate candidate. Can the company directly terminate the reemployment agreement with this employee? Should the Compensation be given?

2022.07.07

劳动者选择不缴社保，能否以单位未缴社保要求离职补偿？

If the employee chooses not to contribute social security, can he/she claim severance pay based on the employer’s non-contribution of social security?

本案中，劳动者申请其社保由公司每月以现金形式发放，离职后能否以单位未缴社保为由要求经济补偿？

In the case at hand, the employee asked the company not to contribute social security and distribute the corresponding social security premiums to him in cash. If so, can he claim Economic Compensation on the grounds of the employer’s non-contribution of social security?

2022.06.16

员工不胜任工作被解除合同，为何法院判决单位败诉？

Why does the court rules against the employer when the employee is dismissed for incompetence?

用人单位未能提供证据证明劳动者存在不能胜任岗位，也未能提供证据证明存在培训或是岗位调整的情形，其做出解除劳动合同不符合法律规定，应承担违法解除劳动合同赔偿金。

If the employer does not furnish evidence to prove the employee’s incompetence, nor does it furnish evidence to prove that it has organized training or post adjustment, its decision to terminate the labor contract shall be deemed a violation of the law and it shall pay Compensation for illegally terminating the labor contract.

2022.06.09

与员工解除劳动关系，工龄是否应连续计算？

Should the length of service be calculated continuously when the labor relationship with the employee is terminated?

员工2019年7月入职A公司，后调至B公司，2021年6月其劳动关系转入A公司。现与其解除劳动合同，计算补偿金的工龄是否连续计算？

The employee joined Company A in July 2019. then was transferred to Company B, and his labor relationship was transferred to Company A in June 2021. Now that the labor contract was terminated, should his length of service for calculating the Compensation be counted continuously?

2022.06.02

违法解除劳动合同，赔偿金中的“月工资”怎么定？

How should the “monthly salary” in the Compensation for illegal termination of labor contract be determined?

公司违法解除劳动合同，需要向劳动者支付赔偿金，赔偿金以月工资为单位计算。那么，“月工资”是按照工资条上的每月实发工资算，还是按劳动合同约定的每月工资算？

If the Company rescinds the labor contract illegally, it should pay the employee a Compensation that is calculated based on the monthly salary. Then, is the “monthly salary” determined based on the monthly net pay on the payroll or the monthly salary agreed in the labor contract?

2022.05.26

受疫情影响，用人单位可以全员降薪吗？

Can employers affected by the epidemic apply a company-wide pay cut?

本案中，用人单位主张因受疫情影响全员降薪且与劳动者协商一致，但未提供证据予以证明，劳动者被迫离职要求补偿获支持。

In this case, the employer claimed that it had negotiated a salary reduction with all employees due to the epidemic impacts, yet no evidence was provided. The employee was forced to resign, and his claim for Compensation was upheld by the court.

2022.05.19

员工家中猝死，公司是否应提供工亡待遇并额外支付补偿？

Should the company provide the benefits for work-related death and pay extra Compensation if an employee dies suddenly at home?

员工突然失联，经公司通知紧急联系人，发现其已在家猝死。家属认为由于加班过多导致了员工猝死，要求公司提供工亡待遇并额外支付补偿，公司该如何处理？

The employee was suddenly out of touch, and the company informed his emergency contact, finding that he had died suddenly at home. The family members believed that the employee died suddenly due to excessive overtime work, and asked the company to provide the benefits for work-related death and pay extra Compensation?

2022.03.31

劳动者不辞而别，用人单位该怎么办？

What should the employer do if an employee leaves his post without notice?

实践中，有的劳动者不辞而别，用人单位以其旷工为由与其解除劳动合同，结果被认定为违法解除劳动合同而支付了赔偿金。为此，用人单位要做好法律风险的防范。

In practice, some employees leave the post without notice, and the employers terminates the labor contract with them on the grounds of absenteeism. As a result, the employers are deemed to have illegally terminated the labor contract, and therefore are required to pay Compensation. To this end, employers should take precautions against legal risks.

2022.03.17

单位因员工离职造成损失，能否向员工主张赔偿？

If the employer suffers losses due to the departure of the employee, can it claim Compensation from the employee?

实践中，劳动者因行使辞职权给用人单位造成损失，是否应当赔偿用人单位的损失？

In practice, whether an employee should compensate an employer for the losses caused by exercising his/her right to resign?

2022.03.10

劳动者自行申请不缴纳社保和公积金合法有效吗？

If an employee voluntarily applies for not contributing to the social security and housing provident fund, is it legal and valid？

劳动者自行申请不缴纳社保和公积金，事后能否以此为由要求经济补偿金？

If an employee applies for not contributing to social security and housing provident fund by himself or herself, can he or she claim Economic Compensation on this ground afterwards?

2022.02.24

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

竞业限制经济补偿能否在职期间支付？

Can Economic Compensation for non-compete be paid during employment?

实务中，竞业限制经济补偿应在何时支付给劳动者？在职期间能否随工资一并发放？

In practice, when should Economic Compensation for non-compete be paid to the employee? Can it be paid together with salary during employment?

2022.02.10

企业因经营困难辞退员工是否应支付赔偿金？

Shall an employer make Compensation for dismissing an employee due to operation difficulties?

员工与企业没签订任何合同企业经营困难直接辞退员工，且没有给赔偿金，这种做法合理吗？

Where an employer encounters operation difficulties, is it reasonable to dismiss an employee, with whom no contract has been concluded, directly without any Compensation?

2022.01.06

背调发现员工履历造假能否辞退？

May an employee be dismissed if the resume is found fraudulent according to background investigation?

员工已入职签订劳动合同，企业背景调查时发现员工履历造假能否辞退？是否需要支付赔偿金？

May an employee having entered into a labor contract be dismissed if the employee’s resume is found fraudulent according to background investigation? Shall the Compensation be given?

2021.12.16