使用中介机构代发薪是否合规？

Is it legal to pay wages through an agency?

分公司设立独立社保账户和住房公积金账户，通过中介机构代发薪给员工，是否合规？如果合规，具体有什么需要留意的步骤或操作？

Is it legal for a branch to set up an independent social insurance account and a Housing fund account and pay wages to employees through an agency? If it is legal, what procedures or operation should we pay attention to?

2022.03.03

劳动者自行申请不缴纳社保和公积金合法有效吗？

If an employee voluntarily applies for not contributing to the social security and Housing provident fund, is it legal and valid？

劳动者自行申请不缴纳社保和公积金，事后能否以此为由要求经济补偿金？

If an employee applies for not contributing to social security and Housing provident fund by himself or herself, can he or she claim economic compensation on this ground afterwards?

2022.02.24

与总公司签合同，由子公司发工资，发生劳动争议由谁承担？

Which party shall be held accountable for labor disputes if the contract has been signed with the parent company while salary is paid by its subsidiary company?

总公司安排员工在子公司担任某职务，社保公积金由总公司缴纳，工资福利由子公司支付。员工与总公司签订合同，没有与子公司签订合同。每年总公司与子公司之间再内部结算社保公积金费用。该员工与公司之间发生劳动争议，应由哪家公司履行相应法律义务？

If the parent company arranges employees to take some office at its subsidiary company, the social security and Housing provident fund shall be contributed to by the parent company while the salary and welfare shall be paid by the subsidiary company. It is with the parent company, rather than with the subsidiary company, that the employees have signed the contract. Every year the costs of social security and Housing provident fund shall be settled internally between the parent company and the subsidiary company. Which company shall perform the corresponding legal duties in case of any labor dispute arising between the employee and the company?

2021.10.14

劳动者自行申请不缴纳社保和公积金合法有效吗?

If an employee voluntarily applies for not contributing to the social security and Housing provident fund, is it legal and valid?

劳动者申请不缴纳社保公积金，可行吗？

May an employee apply for not contributing to the social security and Housing provident fund?

2021.04.01

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

员工整月病假，工资怎么算?

How shall salary be calculated if an employee takes sick leave for a whole month?

员工病假工资是否包含社保和公积金的个人部分？

Whether employee’s sick leave pay includes the personal contributions of social insurance premium and Housing provident fund.

2020.10.08

团队负责人用团建经费给自己发奖金，是否构成严重违纪？

Is it a serious violation of discipline for the team leader to grant himself bonus with the fund for the team building?

王某动用所在团队自行募集的团建经费为自己发奖金的行为，是否构成严重违纪？

Does it constitute a serious violation of discipline for Wang to use the team building fund raised by his team to grant himself bonuses?

2019.10.17

员工离职，公司是否有权要求返还住房补贴?

Does the company have the right to demand the return of Housing subsidies after an employee quits the job?

员工离职，公司是否有权要求返还住房补贴？

Does the company have the right to demand the return of Housing subsidies after an employee quits the job?

2019.06.13

劳动争议期间，劳动者社保金如何处理?

During the labor dispute period, how will an employee’s social security funds be dealt with?

用人单位被认定为违法解除，在争议期间，劳动者的社会保险费如何处理？

An employer is deemed to have dissolved employment contract illegally. During the dispute period, how will the social insurance premium of an employee be dealt with?

2019.05.30

公司能否降低或者取消员工住房补贴?

Can the company reduce or eliminate employee Housing subsidies?

由于巨大的运营成本压力，企业考虑取消或者降低员工的外宿补贴，是否合法合规？（外宿补贴未写进劳动合同或员工手册）

Is it legal and compliant for an employer to consider eliminating or reducing rent subsidy to employees, given the huge pressure of operating costs? (Rent subsidy is not incorporated into labor contract or employee manual)

2019.05.23

公司缴纳了工伤保险费用后，是否意味着对工伤免责?

Is an employer that has paid work-related injury insurance premium exempt from liabilities for work-related injury?

员工遭遇工伤，公司主张治疗费用应由工伤保险基金支付，公司无法律上承担该部分费用的义务，是否合理？

Where an employee sustains a work-related injury, an employer claims the treatment expenses should be paid from the work-related injury insurance fund, and that it isn’t legally obligated to bear these expenses. Is it reasonable?

2019.05.23

员工自愿放弃缴纳社保公积金，公司有何风险?

What risks does the company have if employees voluntarily give up paying The social security fund?

原单位社保公积金未退缴，员工本人申请放弃在我司缴纳社保公积金，公司有何风险？

What risks does the company have if an employee voluntarily give up the contribution to social security fund and Housing provident fund for the former employer has not suspended the contribution for such employee?

2019.04.25

用人单位未按期申请工伤认定，需要承担员工的工伤医疗费吗?

Shall the employer be liable for medical fee incurred by its employee for work-related injury if the former fails to apply for work-related injury identification on time?

因用人单位未按期向人社部提交工伤认定申请，导致未能得到工伤保险基金报销。用人单位需要承担员工的工伤医疗费吗？

The failure to receive reimbursement for work-related injury insurance funds is attributed to the employer’s delay in applying to HRSS department for work-related injury identification. Shall the employer be liable for medical fee incurred by its employee for work-related injury in this case?

2019.03.13

关于外国人就业问题

Issue on foreigners’ employment

如安排入职一名美籍员工，已办理劳动合同、社保、住房公积金的申报，但其目前仍没法办理到外国人就业证，是否有其他方法建立关系，避免没有就业证带来的风险？

If one American employee is arranged to be inducted, for whom the labor contract, social insurance and Housing provident fund have been handled but who remains unable to get foreigners’ employment permit handled at present, is there any other method to build a relation to avoid any risk brought about with no employment permit?

2018.09.27

员工欠款可否从离职补偿金中扣除？

Can employee’s arrears be deducted from the compensation for resignation?

员工离职公司为员工支付的经济补偿金中，可否扣除员工借款、缺勤扣款、社保公积金代扣代缴等款项呢？

Can employee’s borrowings, charge for absence, withhold and remit taxes of social security and Housing provident fund and other payments be deducted from the economic compensation paid for employees by company on their resignation?

2018.08.23