公司可以单方面取消津贴?

May an employer cancel allowances unilaterally?

公司可以单方面取消员工津贴吗？

May an employer cancel employees’ allowances unilaterally?

2020.09.24

能否以未获得过节费为由要求支付经济补偿?

May a claim for severance pay be made on the grounds of having never received a festival allowance?

公司有一名员工以公司未支付过节费为由解除劳动合同，要求被迫解除劳动合同的经济补偿金，请问员工的主张能否得到支持？

One of the company’s employees terminated the labor contract on the grounds that the company had never paid any festival allowance, claiming severance pay for being forced to terminate the labor contract. May the employee's claim be supported?

2020.09.03

病假工资包含加班费、高温补贴?

Does sick pay include overtime and High temperature allowance?

病假工资需要剔除加班费、高温补贴或其他需剔除的项目么？

Should overtime pay, High-temperature allowance or others be excluded from the sick pay?

2020.06.11

出差期间休息日是否加班，谁说了算?

Who has the final say on whether work on rest days shall be recognized as overtime work during the business trip?

徐某出差期间包含休息日，公司也支付了休息日的出差津贴，那么是否还需要向徐某支付休息日加班工资？

Xu's business trip includes rest days, and the company has also paid the travel allowance for rest days. Is it necessary for the company to pay Xu overtime salary for rest days?

2020.06.11

产假人员、退休返聘人员，高温津贴要发放吗?

Shall High temperature allowances be given to employees on maternity leave and reemployed retirees?

单位要给产假员工及退休反聘员工发放高温津贴吗？

Shall the employer give High temperature allowances to employees on maternity leave and reemployed retirees?

2020.05.28

伤残津贴标准该怎么定?

What is the standard for disability allowance?

员工三年前发生工伤，今年身体恶化要求公司支付伤残津贴，伤残津贴的标准应当如何确定？

An employee sustained a work-related injury three years ago and asks the company to pay the disability allowance this year on account of physical deterioration. What is the standard for disability allowance?

2019.11.07

员工产假期间，公司可以降低其薪资待遇吗?

Can the company reduce the wages of employees during their maternity leave?

员工休产假享受生育津贴期间，公司能否不支付工资差额及年终奖？

Is the company allowed to decline the wage difference and year-end bonus during the period when employees receive maternity allowance on maternity leave?

2019.09.05

能否规定加班时间不满2小时就不算加班?

Can it be stipulated that overtime work lasting less than 2 hours each time may not be deemed overtime work?

加班时间不满2小时不算加班不支付加班费，加班时间不连续超过5小时不给餐补。请问这么做合理吗？

Overtime work lasting less than 2 hours each time may not be paid, and that no meal allowance will be granted for overtime work less than 5 consecutive hours. Is this practice reasonable?

2018.12.26

夜间值班是否属于加班、是否适合发放值班津贴或安排调休？

Does night shift belong to overtime? Is granting night shift allowance or arranging leave in lieu applicable for night shifts?

夜间值班是否要计入加班？如果夜间值班不作为加班，值班期间如员工开展工作的时间是否要计入加班？公司发放值班津贴的形式进行补偿是否合适？给值班员工调休是否合适？

Should night shifts be counted as overtime? If night shifts are not regarded as overtime, should the time used by the on-duty personnel to carry out work be counted as overtime? Is it appropriate for the company to make compensation in the form of shift differential? Is it appropriate to arrange leave in lieu?

2018.04.04

节日津贴应当从社保缴费基数中扣除吗?

Can holiday allowances be deducted from the social insurance contribution base?

公司在向社保部门申报员工社会保险缴纳基数时，是否可以将节日津贴扣除？

When we report the social insurance contribution base to the social security department, can we deduct the holiday allowance?

2018.03.01

聘请部分兼职员工工作，公司有什么风险?

What are the risks if the company hires part-time employees?

我司是深圳的一家企业。由于人力成本较高，现在打算聘请部分兼职员工工作以降低成本，会不会有什么风险呢？

We are a Shenzhen-based company. Due to High labor costs, we are now intending to hire certain part-time employees to reduce costs. Are there any risks if we do so?

2017.11.09

公司必须要高温天气作业的劳动者发高温津贴吗?

Does our company have to pay High temperature allowance for employees working in hot weather?

我公司有多名员工属于高温天气作业，请问公司必须为其发放高温津贴吗？

Not a few employees of our company carry out operations in hot weather. Does our company have to pay High temperature allowance for them?

2017.08.17

深圳妈妈多了50天产假，那生育津贴能增加吗?

Since mothers in Shenzhen are entitled to another 50 days’ maternity leave, can they enjoy increased birth allowance?

职工依照计划生育法律、法规规定享受奖励增加的产假或看护假期间，由用人单位按照规定发放工资，不享受生育津贴。

Employees who enjoy the increased incentive leave or are paid wages by their employers during their rehabilitation leave according to laws and regulations on family planning shall not be entitled to birth allowance.

2016.10.20

长期旷工可视为自动解除劳动合同吗?

Can long-time absenteeism be deemed as automatic termination of the labor contract?

员工长期旷工，实践中很多用人单位均视为自动解除劳动合同，但这样做往往存在很大的法律风险。

In terms of long-term absenteeism of employee, many employers shall deem it as automatic dissolution of the labor contract in practice, but this act is often of High legal risk.

2016.05.26

怀孕期间合同到期，用人单位如果不续签……

If the employer refuses to renew the employment contract of an employer in pregnancy period when it expires…

怀孕期间合同到期用人单位如果不续签，原合同也要延长到产假结束是吗？那生育津贴该怎么算呢？

If the employer refuses to renew the employment contract of an employer in pregnancy period when it expires, will the original contract still extend to the end of the maternity leave? Then how to calculate the birth allowance?

2016.04.07