非全日制员工可否要求公司补缴养老保险费?

Can employees beyond the full-time system demand their company to make supplementary payment for endowment insurance premium?

非全日制员工主张公司需为其缴纳养老保险，其说法能获得支持吗？

Can their statement be supported if employees beyond the full-time system maintain their company has to pay endowment insurance premium for them?

2021.01.14

受疫情影响封村，员工未能返岗是否能扣年假?

Given the lockdown of village due to the epidemic, can employees be deprived of annual leave for their failure to return to work?

对于因封村未能正常上班的人，是否能扣年假？如已没有年假，应如何处理？依据是什么？

Can those who failed to work as normal due to the lockdown of village be deprived of annual leave? How to do if there is already no annual leave for them? What’s the basis?

2021.01.07

公司可否根据生产经营需要单方调岗?

Is it reasonable for the company to transfer positions unilaterally on the basis of its need for production and operation?

公司现在进行生产经营调整，有些员工需要进行调岗，请问公司可否根据生产经营需要单方调岗？

The company is now making adjustment in production and operation such that some employees shall have to experience a transfer-position. Can the company transfer positions unilaterally on the basis of its need for production and operation, please?

2021.01.07

能否以“末位淘汰”为由与劳动者解除合同?

Is it reasonable to rescind labor relations with employees on the ground of "bottom-out" system?

公司以“末位淘汰”为由与员工解除劳动合同，合理吗？

Is it reasonable for the company to rescind the labor contract with employees on the ground of “bottom-out” system?

2021.01.07

劳动者虚假病假如何识别?

How to identify false sick leaves of employees?

用人单位如何识别劳动者虚假病假？

How can employers identify false sick leaves of employees?

2020.12.31

经济补偿金的工作年限包括2008年前的吗?

Are the working years prior to 2008 included in the length of service to receive severance pay?

劳动者获得经济补偿金的工作年限是否计算2008年1月1日前的连续工作时间？

Shall the consecutive working years prior to January 1, 2008 count towards the length of service for employees to receive severance pay?

2020.12.24

班前会议能不能强制员工参加?

Can employees be forced to attend the pre-shift meeting?

班前会议早于正常工作时间五分钟，能强制要求员工参加吗？

Can employees be forced to attend the pre-shift meeting which is five minutes earlier than normal work schedule?

2020.12.24

员工医疗期满后，单位在什么情形下可以解除劳动合同?

Under what circumstance(s) can the employer rescind the labor contract after the employee’s medical treatment period expires?

医疗期满后，单位是否需要为无法返岗工作的员工另行安排其他岗位？未另行安排其他岗位直接解除劳动合同是否违法？

After the medical treatment period expires, need the employer assign another job for employees who are unable to return to work? Is it illegal to rescind the labor contract immediately instead of assigning alternative jobs?

2020.12.24

员工月中离职，公司不缴纳社保公积金可行吗?

Is it legal for the company not to pay social insurance premium or housing provident fund when employees quit in the middle of the month?

员工于2020年12月11日离职，公司不给员工12月缴纳社保公积金有法律风险吗？

The employee quit on December 11th, 2020. Is there any legal risk for the company not to pay the social insurance premium or housing provident fund for the employee in December?

2020.12.17

劳动者在关联公司混合用工，劳动关系如何确定?

How should the labor relations be determined in case where the employee is employed in mixture at the affiliated company?

有关联关系的用人单位混合用工，如何确认劳动关系？

How should the labor relations be confirmed if the affiliated employers employ employees in mixture?

2020.12.10

员工不胜任工作调岗能否降薪?

Provided that the employee is incompetent for his/her job, can his/her salary be reduced after his/her position is transferred?

用人单位对不胜任员工进行调岗时能否调整其薪资？

Can the employer adjust the salary while transferring incompetent employees’ position?

2020.12.10

多次发生工伤，能否领取多份工伤待遇?

Can employees who have suffered multiple work-related injuries receive multiple work-related injury benefits?

员工先后发生三次工伤，能否享受多次工伤待遇？

Can employees who have suffered three successive work-related injuries enjoy multiple work-related injury benefits?

2020.12.10

重症疾病患者提前退休、退职事宜

Early Retirement and Resignation of employees with Severe Diseases

员工已连续休病假24个月，能否在劳动合同到期后办理提前退休或退职手续？

Can an employee who has been on sick leave for 24 consecutive months go through early retirement or resignation procedures after the expiration of the labor contract?

2020.12.03

年度考核不合格就能辞退吗?

Can an employee be dismissed if he or she fails in the annual assessment?

员工年度考核不合格，公司辞退合法吗？

Is it legal to dismiss employees who fail in the annual assessment?

2020.12.03

工伤员工自行转往非定点医院，产生的医疗费怎么办?

How to address the medical fee incurred as an employees with work-related injuries is transferred to a non-designated hospital by himself without approval?

劳动者自行转往非定点医院产生的医药费，单位需要承担吗？

Shall the employer bear the medical fee incurred as its employee is transferred to a non-designated by himself without approval?

2020.11.26