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

用工单位耍赖， 派遣单位可否不付工资？

If the labor-using unit is perverse, can the labor dispatching unit refuse to pay salary?

本案的争议焦点是劳务派遣中，用人单位是否可以依据与用工单位达成的协议，不向劳动者支付工资？

The focus of the dispute in this case is whether the employer unit has the right to refuse to pay wages to the employee according to the agreement concluded with the labor-using unit during labor dispatching.

2022.09.01

续签劳动合同能否约定更广泛的工作地点？

Can the work place be agreed in a wider geographical range when the labor contract is renewed?

单位有一名员工一直天津地区工作，合同签订的工作地点也是天津。因工作需要调动到北京工作，后续单位计划让该员工两地（北京/天津）工作。那么在劳动合同续签时，可以将工作地点写成“北京/天津”或“华北”吗？

An employee of the company has been working in Tianjin, and the work place agreed in the contract is also Tianjin. Now the employee is going to be transferred to Beijing due to work needs, and the company plans to arrange the employee to work in two places (Beijing/Tianjin). Then, can the work place be specified as “Beijing/Tianjin” or “North China” when the labor contract is renewed?

2022.08.25

未能证明员工手册已进行公示，能否作为解除依据？

Can the employee handbook that can not be proved to have been publicized serve as the basis for rescission?

本案中，用人单位未能提交证据证明员工手册经职工代表大会或者全体职工讨论，亦未证明已公示或告知劳动者，能否依据员工手册解除？

In this case, the employer did not submit evidence to prove that the employee handbook had been discussed by the employee congress or all the staff, nor did it prove that the employee handbook had been publicized or informed to the employees. Could the employer rescind the labor contract according to the employee handbook?

2022.08.25

补签劳动合同后，员工还能要求双倍赔偿吗？

Can the employee still claim double pay after the labor contract is concluded retroactively?

一员工去年9月份入职，公司一直未与该员工签劳动合同。今年6月，公司欲补签合同。补签之后，员工还能要求未签劳动合同期间的双倍工资吗？

An employee joined the company in last September, and the company has never signed a labor contract with this employee. In June this year, the company intended to sign a retroactive contract. Can the employee, after a retroactive contract is signed, still claim the double pay for the period when the labor contract was not concluded?

2022.08.19

如何确定加班费计算基数？

How should the calculation base for overtime pay be determined?

高温津贴是否应当计入加班费计算基数？哪些部分应当计入加班费计算基数？双方在劳动合同中约定加班费计算基数是否可行？假期工资基数应当如何确定？如果基数不足，有何法律风险？

Should the high-temperature allowance be included in the calculation base of overtime pay? Which portions should be included in the calculation base of overtime pay? Is it feasible for the parties to stipulate the calculation base of overtime pay in the labor contract? How should the base of leave pay be determined? If the base is insufficient, what are the legal risks?

2022.08.19

公司成立前的用工能否算入工作年限？

Can the employment before the incorporation of the company be included in the length of service?

用人单位登记注册成立前招用劳动者参与筹备工作，并在成立后继续用工，劳动者在该单位登记注册成立前的工作时间能否计入工作年限？

Should the working time before the registration and incorporation of the employer be included in the length of service in case that the employee is hired to participate in the preparatory work before the registration and incorporation of the employer and continues to serve in the employer after the establishment?

2022.08.19

未经劳工书面同意，能否减少劳工工时？

Can the working hours be reduced without the written consent of the employees?

未经劳工书面同意，私自减少劳工工时是否违反相关法令？

Does it violate relevant laws and regulations to reduce the working hours without the written consent of the employees? (Taiwan)

2022.08.11

室内作业区温度在33℃左右波动，是否需支付高温补贴？

Is it necessary to pay a high-temperature allowance when the temperature in the indoor working area fluctuates around 33℃?

关于高温津贴，我们不属于室外作业，室内作业区温度大概在30℃-35℃左右波动，这种情况下我们是否一定要支付高温津贴？

As for the high-temperature allowance, our company have no outdoor operations. The temperature in the indoor working area fluctuates around 30℃-35℃. Do we have to pay the high-temperature allowance in this case?

2022.08.11

第二次签订的劳动合同，到期后可以终止吗？

Can a second-term labor contract be terminated upon its maturity?

本案中，劳动者与用人单位签订了两次劳动合同，续签能否签订固定期限劳动合同？

In this case, the employee has concluded contracts twice with the employer. Can another fixed-term labor contract be signed for the renewal?

2022.08.11

工伤期间相关补贴是否按全勤发放？

Should relevant allowances be paid on the basis of full attendance during the work-related injury period?

员工工伤期间的驻场补贴，应按具体出勤情况发放，还是按全勤发放？

Should the on-site allowance be paid based on specific attendance days or full attendance during the work-related injury period?

2022.08.04

员工隔离期间能否强制安排年休假？

Can employees be forced to take the annual leave during the quarantine period?

办公室员工疫情期间被隔离在家，如果公司判断无法居家办公的情形下，可否强制安排其进行带薪年假休息？

Some employees are quarantined at home due to the pandemic. If the company determines that they are not suitable for working from home, can the company force them to take the paid annual leave?

2022.08.04

中暑是否算工伤？

Does heatstroke fall within the scope of work-related injury?

劳动者在高温环境下作业中暑，是否算工伤？

If a worker suffers from heatstroke after working in a high-temperature environment, does it constitute work-related injury?

2022.07.28

第三方员工是否可以加入公司工会？

Can employees of third parties join the trade union of the company?

公司与人才公司签订保洁、绿化合同，该部分人员以小时工资支付，每天工作时间不超过4h。该类员工是否可以成为公司的工会会员？

Our company has signed a cleaning and greening contract with an HR outsourcing company, according to which cleaning and greening personnel shall be paid by hour and their working time shall not exceed 4 hours per day. Can such employees join the trade union of our company?

2022.07.28