员工整月病假，工资怎么算?

How shall salary be calculated if an employee takes sick leave for a whole month?

员工病假工资是否包含社保和公积金的个人部分？

Whether employee’s sick leave pay includes the personal contributions of social insurance premium and housing provident fund.

2020.10.08

职工在同一单位连续工作期间发生两次工伤，工伤保险待遇怎么发?

How will the work-related injury insurance benefits be paid to an employee who has suffered two consecutive work-related injuries during continuous working period?

职工在同一单位连续工作期间发生两次工伤，解除劳动合同时如何计发工伤保险待遇？

How will the work-related injury insurance benefits be paid to an employee who has suffered two consecutive work-related injuries during continuous working period?

2019.06.13

退休返聘工作中猝死单位该赔吗?

Shall an employer make compensation in case of sudden death of re-employed retiree in work?

返聘人员不参加工伤保险，单位该注意什么？

What should an employer be concerned about if a reemployed retiree does not participate in work-related injury insurance?

2019.06.06

劳动争议期间，劳动者社保金如何处理?

During the labor dispute period, how will an employee’s social security funds be dealt with?

用人单位被认定为违法解除，在争议期间，劳动者的社会保险费如何处理？

An employer is deemed to have dissolved employment contract illegally. During the dispute period, how will the social insurance premium of an employee be dealt with?

2019.05.30

公司缴纳了工伤保险费用后，是否意味着对工伤免责?

Is an employer that has paid work-related injury insurance premium exempt from liabilities for work-related injury?

员工遭遇工伤，公司主张治疗费用应由工伤保险基金支付，公司无法律上承担该部分费用的义务，是否合理？

Where an employee sustains a work-related injury, an employer claims the treatment expenses should be paid from the work-related injury insurance fund, and that it isn’t legally obligated to bear these expenses. Is it reasonable?

2019.05.23

员工社保已缴满15年，能否要求其办理提前退休?

Where an employee has paid social insurance premium for fifteen (15) years, could the employer ask the employee to retire in advance?

外资企业某男员工今年54周岁，从事工程师职位，社保已缴交满15年。由于某些原因管理层想让其提前退休。请问什么情况下他可以办理提前退休呢？

A male employee in a foreign enterprise is aged 54 this year, and holds the post of engineer with social insurance premium already paid for fifteen (15) years in full. The management inspires to have the employee retire in advance for some reason. In what circumstances can he conduct early retirement?

2019.04.11

女职工违反计划生育政策，公司必须给予其产假?

Can maternity leave be granted to female workers who violate the family planning policy?

女职工不符合计生政策，公司是否需要给予产假？期间社保费用如何处理？

Where a female employee violates the family planning policy, whether the employer thereof shall grant the maternity leave? Who shall pay the social insurance premiums during a leave for personal affairs?

2019.04.11

用人单位未按期申请工伤认定，需要承担员工的工伤医疗费吗?

Shall the employer be liable for medical fee incurred by its employee for work-related injury if the former fails to apply for work-related injury identification on time?

因用人单位未按期向人社部提交工伤认定申请，导致未能得到工伤保险基金报销。用人单位需要承担员工的工伤医疗费吗？

The failure to receive reimbursement for work-related injury insurance funds is attributed to the employer’s delay in applying to HRSS department for work-related injury identification. Shall the employer be liable for medical fee incurred by its employee for work-related injury in this case?

2019.03.13

事假期间，社保费用谁来缴？

Who shall pay the social insurance premiums during a leave for personal affairs?

这是一起因事假期间职工的社会保险费用应由谁来承担而引发的劳动争议案件。对该案如何处理，有两种意见。

This is a labor dispute case of who should assume the social insurance premiums during the leave for personal affairs. There are two opinions on how to deal with this case.

2018.11.15

关于外国人就业问题

Issue on foreigners’ employment

如安排入职一名美籍员工，已办理劳动合同、社保、住房公积金的申报，但其目前仍没法办理到外国人就业证，是否有其他方法建立关系，避免没有就业证带来的风险？

If one American employee is arranged to be inducted, for whom the labor contract, social insurance and housing provident fund have been handled but who remains unable to get foreigners’ employment permit handled at present, is there any other method to build a relation to avoid any risk brought about with no employment permit?

2018.09.27

用人单位为非本单位员工代缴社会保险，可以吗？

Can employers pay social insurance for external employees?

我公司一员工提出，其想把自己配偶的社保挂靠在我公司名下交纳，相关费用由其自己承担，这样操作是否有法律风险？

One employee of our company proposes that he wants to attach his spouse’s social insurance to our company’s title to pay, and that he would assume relevant fees on his own. Is such operation open to legal risk?

2018.09.27

员工承诺不缴纳社保，事后反悔要补偿能否被支持？

Can employees be supported for copping out on compensating the social insurance premiums after having promised not to pay it?

我公司一名员工，入职前要求不缴纳社保，并写了《承诺书》，自愿不缴纳社保，不会因此与公司产生纠纷，但他现在跑去仲裁要求公司未缴纳社保解除劳动合同支付经济补偿金，他能获得支持吗？

One employee of our company required not to pay social insurance premiums prior to induction and wrote a Letter of Commitment of not paying social insurance premiums voluntarily to ensure no dispute therefore with the company.......

2018.09.13

公司和员工就工伤私下达成赔偿协议，是否有效？

Is the indemnity agreement achieved in private between company and employee on work-related injuries valid?

有员工发生了工伤，但我司未缴纳工伤保险，也没有申请工伤认定，现希望直接和员工就工伤协商，签署赔偿协议，这样的协议有效吗？

An employee has suffered a work-related injury, but our company has neither paid any work-related injury insurance nor applied for identification of work-related injury. Now we hope to negotiate with the employee immediately over the work-related injury and sign an indemnity agreement. Would such agreement be valid?

2018.08.30

非全日制员工工伤险可以用商业险替代吗？

Can the work-related injury insurance for non-full-time employees be replaced with commercial insurances?

我司有部分非全日制员工，可以帮他们缴纳商业保险而不缴工伤保险吗？

We have some non-full-time employees in our company. Can we cover them with commercial insurances instead of the work-related injury insurance?

2018.08.09

工伤赔偿协议效力问题

Effectiveness of the work-related injury compensation agreement

单位没有给员工缴纳工伤保险，现一员工发生工伤，单位想要与劳动者达成赔偿协议，如若劳动者又提起仲裁和诉讼，要求单位按照工伤保险待遇赔付，我们签订的赔偿协议还有效吗？

Our company did not contribute the work-related injury insurance for employees. Now one employee has encountered work-related injury and the company wants to reach a compensation agreement with the employee. However, if the employee files for arbitration and litigation afterwards, asking the company to make compensation based on treatments of the work-related injury insurance, will the compensation agreement signed between us be valid by then?

2018.07.05