补签劳动合同后，员工还能要求双倍赔偿吗？

Can the employee still claim double pay after the labor contract is concluded retroactively?

一员工去年9月份入职，公司一直未与该员工签劳动合同。今年6月，公司欲补签合同。补签之后，员工还能要求未签劳动合同期间的双倍工资吗？

An employee joined the company in last September, and the company has never signed a labor contract with this employee. In June this year, the company intended to sign a retroactive contract. Can the employee, after a retroactive contract is signed, still claim the double pay for the period when the labor contract was not concluded?

2022.08.19

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

员工隔离期间能否强制安排年休假？

Can employees be forced to take the annual leave during the quarantine period?

办公室员工疫情期间被隔离在家，如果公司判断无法居家办公的情形下，可否强制安排其进行带薪年假休息？

Some employees are quarantined at home due to the pandemic. If the company determines that they are not suitable for working from home, can the company force them to take the paid annual leave?

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

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

女职工能否在50～55周岁之间退休，期间若公司解散怎么办？

Can female employees retire between the ages of 50 and 55? What if the company is dissolved during this period?

公司一女职工即将满50岁，职位属于管理岗位，但社保按照工人身份缴纳，如按照工人的退休年龄，现已达到退休年龄，但如果员工想以干部身份退休，能否在社保系统更改为干部身份了？若公司一年后解散，一年后该员工还可以以员工身份办理退休吗？

A female employee of the company is about to turn 50. Although she serves as a cadre, her social security contributions are paid as a worker. Now, she has reached the retirement age according to the retirement age of workers. But if she wants to retire as a cadre, can she change her status to a cadre in the social security system? If the company is dissolved one year later, can the employee retire as an employee?

2022.07.07

与员工签订3年劳动合同，试用期能否从约2个月延长至6个月？

Can the probationary period be extended from two months to six months if the labor contract signed with the employee has a term of three years?

公司与北京、上海地区员工签订了三年劳动合同，约定2个月试用期。现觉得部分员工表现不佳，希望将试用期延长至6个月，是否可行？

The company has signed a three-year labor contract with employees in Beijing and Shanghai regions, with a probationary period of two months. However, the company feels that the performance of some employees is subpar and therefore wants to extend their probationary period to six months. Is it feasible to do so?

2022.06.16

解雇返聘人员存在哪些法律风险？

What are the legal risks of dismissing the rehired employees?

1995年～2006年因当时社保意识不强，公司未为该员工缴足社保，公司存在哪些法律问题或风险？在解雇该员工时，公司需注意那些细节问题？因社保问题，员工退休后的追诉期有多久？

Due to the lack of social security awareness at that time, the Company did not fully pay the social insurance premium for this employee during the period from 1995 to 2006. What legal issues or risks will the Company have? What details should the Company be concerned about when dismissing this employee? How long is the limitation of prosecution for social security issues after retirement?

2022.06.09

离职后再入职，是否可以重新约定试用期？

Can another probationary period be specified if an employee re-joins the company after separation?

实务中，员工离职后再入职的，能否重新约定试用期？什么情况下能重新约定试用期？

In practice, can another probationary period be specified if an employee re-joins the company after separation? Under what circumstances can the probationary period be specified again?

2022.06.09

如何继续聘用达到法定退休年龄的员工？

How should employees who have reached the mandatory retirement age continue to be employed?

员工达到法定退休年龄，继续用该员工是否为返聘，如果该员工没有办理退休，或养老保险不满15年，无法办理退休，应如何处理？继续用该员工签署雇佣合同是否合适？需要注意什么法律风险？

Can it be identified as re-employment if an employee reaching the mandatory retirement age continues to be employed? What should be done if the employee does not apply for retirement, or fails to apply for retirement because the contribution period for endowment insurance is less than 15 years? Is it appropriate to continue the employment contract with this employee? What legal risks should be noted?

2022.06.02

外包人员如何签订竞业限制协议？

How should the non-compete agreement be signed with an outsourced worker?

员工为外包人员，由人力资源公司派至A公司项目，该外包员工是否可以与A公司直接签订竞业限制协议，之后费用由A公司支付？竞业限制协议若与人力资源公司签订，是否可以约定员工不能从事与A公司业务有关的工作，竞业限制期间的费用是否由人力资源公司支付？派遣人员是否一致呢？

For an outsourced worker dispatched by the HR company to Company A, can Company A directly sign a non-compete agreement with the worker and pay relevant fees? If the non-compete agreement needs to be signed by the HR company, can it specify that the worker cannot engage in the business related to those of Company A? Who should bear the costs for the non-competition period, the HR company? How about dispatched workers?

2022.05.12

劳资双方未签书面劳动合同，应当如何确定试用期？

How to determine the probationary period if no written labor contract is signed between the employer and the employee?

用人单位与劳动者既无书面劳动合同又无其他证据证明有试用期约定的，司法实践中应当如何确定试用期？

How shall the probationary period be determined in judicial practice when there is neither a written labor contract between the employer and the employee nor other evidence of an agreed probationary period?

2022.04.28

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

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

员工再次入职，试用期该如何约定？

How should the probationary period be agreed when the employee is rehired?

员工第一次入职时约定了6个月试用期，但入职1个月即离职；离职半年后，再次入职相同岗位，第二次入职时可否再次约定试用期？如可以，是可以重新约定6个月，还是5个月？

When the employee first joined the company, a six-month probationary period was agreed, but he resigned after 1 month. The employee retook the same post six months after the resignation. Is it legal to agree on another probationary period at the second entry? If yes, is 6 months or 5 months appropriate?

2022.03.31