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

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

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

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

疫情防控期间，劳动者的兼职行为能否得到支持？

Is the part-time behavior of employees supported during the period of pandemic prevention and control?

疫情的爆发给企业和劳动者都带来了不同程度的影响，疫情防控期间，在劳动合同约束下的企业和劳动者之间，可否允许劳动者兼职的“新模式”存在？

The outbreak of the COVID-19 pandemic has affected employers and employees to varying degrees. During the period of pandemic prevention and control, is the “new model” allowed that the employee takes a part-time job even if there is a binding labor contract between the employer and the employee?

2022.08.04

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

企业为什么要让员工签收工资条？

Why do companies require employees to sign payslips?

实务中，用人单位为何需要劳动者签收工资条？

In practice, why do employers require employees to sign payslips?

2022.07.21

公司能够强制安排员工轮岗吗？

Can the company forcibly arrange job rotation for employees?

公司想要启用一份轮岗计划，在轮岗的过程中，如果员工不配合，是否可以强制员工轮岗呢？

The company intends to launch a job rotation plan. If some employees refuse to cooperate during the process, can the company force them to rotate?

2022.07.14

女职工能否在50～55周岁之间退休，期间若公司解散怎么办？

Can female employees retire between the ages of 50 and 55? What if the company is dissolved during this period?

公司一女职工即将满50岁，职位属于管理岗位，但社保按照工人身份缴纳，如按照工人的退休年龄，现已达到退休年龄，但如果员工想以干部身份退休，能否在社保系统更改为干部身份了？若公司一年后解散，一年后该员工还可以以员工身份办理退休吗？

A female employee of the company is about to turn 50. Although she serves as a cadre, her social security contributions are paid as a worker. Now, she has reached the retirement age according to the retirement age of workers. But if she wants to retire as a cadre, can she change her status to a cadre in the social security system? If the company is dissolved one year later, can the employee retire as an employee?

2022.07.07

处理员工违纪行为的时效性有多长？

What is the limitation of prosecution for employees’ disciplinary violations?

公司规章制度上没有明确追溯违纪行为的时效，可以惩戒1年甚至是多年前的违纪行为吗？法律或相关判案一般允许追究的时效性是多长？

Can the company prosecute disciplinary violations one year or even many years ago if the company’s rules and regulations do not clearly specify the limitation of prosecution for disciplinary violations? What is the limitation of prosecution generally allowed by law or related judgments?

2022.06.30

与员工签订3年劳动合同，试用期能否从约2个月延长至6个月？

Can the probationary period be extended from two months to six months if the labor contract signed with the employee has a term of three years?

公司与北京、上海地区员工签订了三年劳动合同，约定2个月试用期。现觉得部分员工表现不佳，希望将试用期延长至6个月，是否可行？

The company has signed a three-year labor contract with employees in Beijing and Shanghai regions, with a probationary period of two months. However, the company feels that the performance of some employees is subpar and therefore wants to extend their probationary period to six months. Is it feasible to do so?

2022.06.16

解雇返聘人员存在哪些法律风险？

What are the legal risks of dismissing the rehired employees?

1995年～2006年因当时社保意识不强，公司未为该员工缴足社保，公司存在哪些法律问题或风险？在解雇该员工时，公司需注意那些细节问题？因社保问题，员工退休后的追诉期有多久？

Due to the lack of social security awareness at that time, the Company did not fully pay the social insurance premium for this employee during the period from 1995 to 2006. What legal issues or risks will the Company have? What details should the Company be concerned about when dismissing this employee? How long is the limitation of prosecution for social security issues after retirement?

2022.06.09

如何继续聘用达到法定退休年龄的员工？

How should employees who have reached the mandatory retirement age continue to be employed?

员工达到法定退休年龄，继续用该员工是否为返聘，如果该员工没有办理退休，或养老保险不满15年，无法办理退休，应如何处理？继续用该员工签署雇佣合同是否合适？需要注意什么法律风险？

Can it be identified as re-employment if an employee reaching the mandatory retirement age continues to be employed? What should be done if the employee does not apply for retirement, or fails to apply for retirement because the contribution period for endowment insurance is less than 15 years? Is it appropriate to continue the employment contract with this employee? What legal risks should be noted?

2022.06.02

单位签署以完成一定工作任务为期限的劳动合同需注意什么？

What should the employer concern about when signing a labor contract that sets the completion of a specific task as the term to end the contract?

《劳动合同法》按照合同期限将劳动合同分为三类，其中以完成一定工作任务为期限的劳动合同使用的范围较小，适用的员工类型也比较少，用人单位签署该类合同需注意哪些问题？

According to the Labor Contract Law, labor contracts fall into three categories by the contract term. The labor contract that sets the completion of a specific task as the term to end the contract is used in a relatively small range and is applicable to relatively few types of employees. What should the employer concern about when signing such contracts?

2022.05.26