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

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

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

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

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

未签字的劳动合同，微信发送算不算订立？

Does it constitute conclusion if the labor contract is not signed and sent to the other party via WeChat?

本案中，用人单位一直未与劳动者订立劳动合同，于是劳动者主动拟定劳动合同并通过微信发送给公司领导参考。劳动者离职时，双方就是否已经订立劳动合同的问题产生争议。

For the case at hand, the employer did not conclude the labor contract with the employee, so the employee took the initiative to draft a labor contract and sent it to an executive of the employer via WeChat for reference. When the employee decided to resign, the two parties had a dispute over whether the labor contract had been concluded.

2022.07.28

女员工达到50周岁，劳动合同会自然终止吗？

Is the labor contract terminated naturally when a female employee reaches the age of 50?

公司一名女员工即将满50周岁，已签了无固定期限劳动合同。由于该员工的绩效一直不是很好，公司有意想要终止劳动合同，但该员工社会保险的缴纳年限还不足15年，还不符合领取养老保险资格。所以等到这个员工年满50周岁，劳动合同会自然终止吗？公司可以按照员工达到退休年龄为理由与她终止劳动合同，并不支付终止劳动合同经济补偿吗？

A female employee of our company is about to reach 50. The company has signed a open-ended labor contract with her. Considering that her performance has not been very good, the company intends to terminate the labor contract with her. However, her payment of social security is less than 15 years, so she is not eligible to receive pension. Will the labor contract be terminated naturally when she turns 50? Can the company terminate the labor contract with her without paying severance on the ground that she has reached the retirement age?

2022.07.21

用人单位能否在劳动者试用期满后签订劳动合同？

Can the employer sign the labor contract with the employee after the expiration of the probationary period?

用人单位在试用期满后与劳动者签订劳动合同，是否合法？

Is it legal for the employer to sign the labor contract with the employee after the expiration of the probationary period?

2022.07.14

劳动者离职后，提成是否该全额支付?

Should the commission be paid in full if an employee resigns?

本案中，劳动合同解除时房屋买卖双方未办理过户手续，用人单位能否拒绝支付劳动者销售提成？

For the case at hand, could the employer refuse to pay the sales commission to the employee since the title of the house has not been transferred to the buyer at the termination of the labor contract?

2022.07.14