以劳动者打架斗殴为由解除劳动合同是否合法？

Is it legal to terminate the labor contract on the grounds of fighting or brawl between employees?

本案中，郑某与车间班组长的打架行为，情节是否严重到应该解除劳动合同？

In this case, was Zheng’s fight with the job foreman of the workshop serious enough to warrant termination of his labor contract?

2021.09.23

员工工作年限增加，医疗期是否会变化？

Will the medical treatment period change as employee’s working years increase?

员工在本单位的工作年限和累计工作年限会对医疗期的长度产生变化吗？

Will an employees’ length of service with the current employer and the accumulated working years cause changes to the length of medical treatment period?

2021.09.09

为何每班工作12小时，法院却不支持延时加班费？

Why doesn’t the court support overtime pay for extended hours to employees working each shift of 12 hours?

劳动者从早七点工作至晚七点，每班工作12小时，为何法院不支持延时加班费？

Why doesn’t the court support overtime pay for extended hours to employees who work 12 hours per shift from 7:00 am to 7:00 pm?

2021.09.09

劳动者虚假病假如何识别？

How to identify false sick leaves of employees？

用人单位应如何识别劳动者虚假病假？

How can employers identify false sick leaves of employees?

2021.09.01

给员工的经济补偿金应在何时支付？

When shall the severance pay to employees be paid？

公司未能与员工达成协商解除，应在何时支付单方解除经济补偿金？

Provided that the company fails to achieve an agreement on rescission with the employee, when shall it pay the severance pay for unilateral rescission?

2021.08.19

公司从员工工作手机中恢复通话录音作证据，合法吗？

Is it legal that a company recovers call records as evidence from an employee’s mobile phone for work？

工作手机中涉及飞单的通话是否属于私密信息？恢复通话数据，是否需要经过劳动者同意？公司应如何把握合理限度？

Shall calls in a mobile phone for work involved with the illegal transfer of orders be considered as secret information? Shall call data be recovered subject to employees’ consent? How should the company behave to a reasonable extent?

2021.08.19

哺乳期员工是否可以安排出差？

May business trips be arranged for breast-feeding employees？

女员工正在哺乳期内，但是有个紧急的项目需要安排其出差，是否可以？

May business trips be arranged for breast-feeding employees in case of an urgent project?

2021.08.12

入职前领取结婚证，入职后还能享受婚假吗？

Can employees enjoy a marriage leave provided that they received the marriage certificate before entry？

员工入职前领证结婚，婚假能在入职后享受吗？

Can employees enjoy a marriage leave after entry provided that they received the marriage certificate before entry?

2021.08.05

考核不合格，员工不认可怎么办？

How to deal with the situation that employees do not accept the result of not passing the assessment？

员工不认可年终奖绩效考核不合格的结果，不予签字怎么办？

How to deal with the situation that employees do not accept the result of not passing the performance assessment for year-end bonus and would not offer to sign?

2021.08.05

分公司独立成为一家公司是否需要重新签订劳动合同？

Does a branch need to re-sign the labor contract with its employees after it becomes an independent company？

分公司独立成为一家新公司是否需要和员工重新签订一份新的劳动合同？如果员工不同意应如何处理？

Does a branch need to re-sign a new labor contract with the employees if it becomes an independent company?What should they do if the employee disagrees?

2021.07.29

男员工入职后就可以享受陪产假吗？

Can male employees enjoy paternity leave after employment？

男员工入职后就可以享受陪产假吗？可享受多少天？

Can male employees enjoy paternity leave after employment? How many days of paternity leave can they enjoy?

2021.07.29

员工在外任职，可以按照约定以违约解除吗?

May the labor contract with an employee holding an external post be dissolved on the grounds of breach of contract according to agreement?

公司劳动合同上有条款规定“不得在外任职，否则可以按照违约解除”。现有员工在职期间有兼职，如何处理？

There is a clause in the company's labor contract that "the Employee is not allowed to hold an external post, otherwise the labor contract may be dissolved for breach of contract". How to deal with employees on payroll who hold part-time jobs during their employment?

2021.07.22

员工不愿随迁，用人单位应如何处理？

How should an employer deal with its employees who do not want to move along with the relocation of the employer’s office?

用人单位办公场所搬迁，员工不愿意更换工作地点的，用人单位应当如何处理？

How should an employer deal with employees who do not want to move when the employer's office is relocated?

2021.07.08

解除不愿随迁员工超过二十名，是否需要走裁员流程？

Is it necessary to initiate the layoff process to dismiss more than 20 employees who are not willing to relocate？

用人单位办公场所租约到期，预计搬迁至外地，员工不愿意随迁，如解除劳动合同的员工超过二十名，是否需要走裁员流程？

Where the lease of the employer's office premises expires and the employer is expected to relocate to another place, is it necessary to initiate the layoff process to rescind the labor contract with more than 20 employees who are not willing to relocate?

2021.06.24

用人单位是否应当补偿或赔偿不愿随迁的员工？

Should the employer compensate or indemnify employees who are reluctant to relocate along？

用人单位搬迁，员工不愿意搬迁的，用人单位是否应当对该员工进行补偿或赔偿？

In case that the employer is about to relocate, shall the employer compensate or indemnify employees who are reluctant to relocate along?

2021.06.17