以劳动者打架斗殴为由解除劳动合同是否合法？

Is it legal to terminate the labor contract on the grounds of fighting or brawl between employees?

本案中，郑某与车间班组长的打架行为，情节是否严重到应该解除劳动合同？

In this case, was Zheng’s fight with the Job foreman of the workshop serious enough to warrant termination of his labor contract?

2021.09.23

员工再就业期间仍领取失业保险金，用人单位如何处理？

How shall an employer deal with the situation that an employee still receives unemployment insurance benefits during the re-employment period？

对于再就业期间仍继续领取失业保险金的员工，用人单位能否主张法院对其移送公安机关处理？

Can an employer request the court to transfer the employee to public security organ who remains receiving unemployment insurance benefits during the re-employment period?

2021.09.01

公司从员工工作手机中恢复通话录音作证据，合法吗？

Is it legal that a company recovers call records as evidence from an employee’s mobile phone for work？

工作手机中涉及飞单的通话是否属于私密信息？恢复通话数据，是否需要经过劳动者同意？公司应如何把握合理限度？

Shall calls in a mobile phone for work involved with the illegal transfer of orders be considered as secret information? Shall call data be recovered subject to employees’ consent? How should the company behave to a reasonable extent?

2021.08.19

员工在外任职，可以按照约定以违约解除吗?

May the labor contract with an employee holding an external post be dissolved on the grounds of breach of contract according to agreement?

公司劳动合同上有条款规定“不得在外任职，否则可以按照违约解除”。现有员工在职期间有兼职，如何处理？

There is a clause in the company's labor contract that "the Employee is not allowed to hold an external post, otherwise the labor contract may be dissolved for breach of contract". How to deal with employees on payroll who hold part-time Jobs during their employment?

2021.07.22

劳动者打架斗殴，可否解除劳动合同?

Can the labor contract with an employee be rescinded for fighting and brawling?

本案中，郑某与车间班组长的打架行为，情节是否严重到应该解除劳动合同？

In this case, was Zheng's fight with the Job foreman of the workshop serious enough to warrant termination of his labor contract?

2021.07.08

因本人原因调动，工作年限是否合并计算？

Can the former length of service be combined to new employment due to transfer for personal reasons？

劳动者因本人原因从原用人单位到新用人单位工作的，其在原用人单位的工作年限能否合并计算为新用人单位的工作年限？

Where an employee is transferred to a new employer for personal reasons, will his/her length of service with the original employer be calculated into his/her length of service with the new employer?

2021.06.10

新岗位存在职业危害，员工能否拒绝调岗?

May an employee refuse post transfer if exposed to occupational hazards on a new post?

将员工调岗但未告知新岗位的职业危害，员工可以拒绝上岗吗？

May an employee refuse to take up a new post if he or she is transfered without being informed of the occupational hazards on the new post?

2021.04.29

公司转让，股东变更，是否需要支付员工经济补偿?

Shall employees be paid with severance pay in case of company transfer and change of shareholders?

企业经营状况不佳，转让给其他公司，股东变更，是否需要对员工做出经济补偿？

Shall employees be paid with severance pay in case of company transfer to another and change of shareholders due to poor business condition?

2021.03.25

工伤复发住院，工资如何计算?

How to calculate the salary in case of hospitalization due to relapse of work-related injury?

员工工伤复发，工资按病假工资支付还是停薪留职期间工资待遇支付？

In case of relapse of work-related injury to an employee, shall the salary be paid according to either the sick leave pay or the benefits for the leaving period of retaining Job without pay?

2021.02.25

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

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

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

拒绝新岗位并终止劳动合同，可否主张经济补偿?

Is an employee entitled to claim severance pay if he refuses a new Job and terminate the labor contract?

员工拒绝公司提供的新岗位，并未再上班。主张经济补偿能否获得支持？

The employee refused the new Job assigned by the company and did not show up again. Will his claim for severance pay be supported?

2020.11.04

劳动者已出现职业病症状，拒绝调岗怎么办?

What shall a company do when one of its employees having developed symptoms of occupational diseases refuses transfer-position?

员工已出现职业病症状，公司多次要求调岗遭拒，怎么办？

What shall a company do when one of its employees who has developed symptoms of occupational diseases refuses the company's request for transfer-position several times?

2020.09.10