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

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

公司能够强制安排员工轮岗吗？

Can the company forcibly arrange Job rotation for employees?

公司想要启用一份轮岗计划，在轮岗的过程中，如果员工不配合，是否可以强制员工轮岗呢？

The company intends to launch a Job rotation plan. If some employees refuse to cooperate during the process, can the company force them to rotate?

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

招聘信息中是否能写明年龄要求？

Can age requirement be specified in the Job posting?

企业在招聘信息中是否可以写明年龄要求？如果不允许，是否有法律依据？

Can the company clarify age requirements in Job postings? If not, is there a legal basis?

2022.06.23

员工拒绝调岗继续在原岗打卡，公司该如何处理？

If an employee refuses to be transferred and continues to punch in at the original position, what should the company do?

本案中，员工作业资质证件过期，公司为其另行安排工作岗位，员工拒绝调岗后仍在原岗位打卡，公司解除是否违法？

For the case at hand, the company arranged another position for the employee since his qualification certificate expired, but the employee refused and continued to punch in at the original position, so the company terminated labor relations with him. Does it constitute wrongful termination?

2022.06.23

与员工解除劳动关系，工龄是否应连续计算？

Should the length of service be calculated continuously when the labor relationship with the employee is terminated?

员工2019年7月入职A公司，后调至B公司，2021年6月其劳动关系转入A公司。现与其解除劳动合同，计算补偿金的工龄是否连续计算？

The employee joined Company A in July 2019. then was transferred to Company B, and his labor relationship was transferred to Company A in June 2021. Now that the labor contract was terminated, should his length of service for calculating the compensation be counted continuously?

2022.06.02

原部门取消，公司可以强制给员工调岗吗？

Can the company force employees to be transferred after the original department is abolished?

原部门取消，给员工调岗至与原部门工作内容类似的部门，员工不接受，公司可以强制调岗吗？

Can the company force employees to be transferred to a department with similar Job contents after the original department is abolished?

2022.05.19

总经理能否要求支付未签劳动合同二倍工资？

Can the general manager claim double wages for the period when the labor contract hasn’t been signed?

本案中，未签订劳动合同系因总经理不履行工作职责所致，那么总经理能否要求支付未签劳动合同二倍工资差额呢？

In this case, the failure to sign the labor contract was due to the general manager’s failure to perform his Job duties, then can the general manager claim the balance between double pay and his wages for the period when the labor contract hasn’t been signed?

2022.04.28

部门撤销，劳动者拒绝调岗属于旷工吗？

Can an employee’s refusal to Job transfer be deemed as absenteeism when the department is dissolved?

本案中，部门被撤销后，劳动者经多次催告未到人力资源部报道，单位以劳动者旷工为由解除劳动合同合法吗？

In this case, after the department was dissolved, the employee failed to report to the human resources department after repeated reminders. Is it legal for the employer to terminate the labor contract on the grounds that the employee was absent from work?

2022.04.14

医疗期满安排新工作拒不到岗，是否认定严重违纪？

Can an employee’s refusal to accept a new Job upon the expiration of the medical treatment period be deemed as a severe violation of discipline?

劳动者医疗期满，单位另行安排了相当的岗位，工资、福利待遇保持不变，且为劳动者缩短一小时的工作时间，劳动者仍不到岗，用人单位据此与劳动者解除劳动关系，是否认定严重违纪？

When an employee’s medical treatment expires, the employer arranges an equivalent post separately, with the salary and welfare benefits remaining unchanged, and the working time being shortened by one hour. However, the employee still refuses to report for duty. In this case, can the employer terminate the labor relation with the employee accordingly on the grounds of severe violation of discipline?

2022.04.07

岗位所在部门或业务取消，是否可以调岗或解除合同？

If the department or business of the position is candled, whether the position can be transferred or the contract be terminated?

部门取消所导致的岗位消失，应属于客观情况发生重大变化，企业不仅可以调岗还可以解除合同，这种理解是否正确？

The position disappearance caused by the cancellation of the department belongs to the great change in objective conditions, so the enterprise may transfer the position or terminate the contract. Is it correct?

2022.03.10

职工代表大会是否有权代表员工改变劳动关系？

Does the Conference of Workers and Staff have the right to change the labor relations on behalf of the employees?

职工代表大会是否有权代表员工将劳动关系转移至新公司？

Does the Conference of Workers and Staff have the right to transfer the labor relations to a new company on behalf of the employees?

2022.03.03

公司单方调岗，员工解除劳动合同是否合法？

Is it legal for an employee to terminate the labor contract in case that a company transfers the post unilaterally?

员工业绩不达标，公司与员工未协商一致单方将其从销售岗调整至行政岗，工资保持原岗位水平不变。员工不同意，是否可以向公司发《解除劳动合同通知》并索要经济补偿金？

The company unilaterally transferred the employee from the sales post to the administrative post without reaching consensus with the employee for the employee’s performance was not up to standard, and the salary remains unchanged at the original post level. May the employee disagreeing with such transfer send a Notice on Dissolution of Labor Contract to the company and ask for the severance pay?

2021.12.09

续签劳动合同工作地点能要求两地吗？

Can the workplace be specified in two areas when the labor contract is renewed?

因工作需要，公司计划调动员工在（北京/天津）两地工作，续签劳动合同时工作地点可以写成“北京/天津”或“华北”吗？

Due to work needs, the company plans to transfer an employee to work in Beijing/Tianjin. Can the workplace be specified as "Beijing/Tianjin" or "North China" when the labor contract is renewed?

2021.12.02