用工单位耍赖， 派遣单位可否不付工资？

If the labor-using unit is perverse, can the labor dispatching unit refuse to pay salary?

本案的争议焦点是劳务派遣中，用人单位是否可以依据与用工单位达成的协议，不向劳动者支付工资？

The focus of the dispute in this case is whether the employer unit has the right to refuse to pay wages to the employee according to the agreement concluded with the labor-using unit during labor dispatching.

2022.09.01

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

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

单位未及时在劳动合同上盖章，需支付二倍工资？

Shall an employer failing to affix its seal on the labor contract in time pay twice the wage？

用人单位未及时在劳动合同上盖章，劳动者能否以未签订劳动合同为由主张二倍工资？

May an employee claim double wage as an employer fails to affix its seal on the labor contract in time?

2021.12.23

单位未安排工作，员工未到岗视为协商解除吗？

Is it deemed a negotiated termination of the employment when the company did not make any work arrangement and the employee did not show up for work?

本案中，如果用人单位在劳动者连续超过三月不能达到最低业绩标准后，依据公司规章制度将劳动者辞退，未支付经济补偿金，属于违法解除，应支付劳动者赔偿金。

Under the circumstances of this case that the employer dismissed the employee without paying economic compensation in accordance with the company’s rules and regulations for reason that the employee failed to perform to the Minimum performance standards for more than three consecutive months, it shall be deemed as an illegal dissolution and the employer should pay the employee the damages.

2021.11.11

代通知金上月工资标准是税前还是税后？

Is the employee’s previous month’s salary rate which determines the payment in lieu of notice pre-tax or post-tax?

代通知金上月工资标准是税前还是税后？是否包含加班费、津贴、过节费、社保？代通知金是否需要与经济补偿金一起计算超过社平3倍计算个税？

Is the employee’s previous month’s salary rate which determines the payment in lieu of notice pre-tax or post-tax? Does it include overtime pay, allowance, festival bonus or social security? Does the payment in lieu of notice need to be included in the economic compensation with the part of more than 3 times the average wage in society subject to the personal income tax?

2021.11.04

广东开展限电，停产期间公司需要支付工资吗？

Do the employers need to pay wages to employees during the power outage under the background of power supply rationing in Guangdong?

内容目前广东各市进行用电控制，部分企业实行停一开六，停三开四等，如停电时间为工作日，因受客观环境影响进行限电停产，企业员工限电期间的工资如何计算？

At present, cities in Guangdong carry out electricity control. Some enterprises implement the system of power outage for one day and normal power supply for six days or the system of power outage for three days and normal power supply for four days. If the outage takes place in a working day, and the work is suspended due to the impact of the objective environment, how to calculate the wages of the enterprise employees during the power outage?

2021.10.21

离职未办工作交接，公司能否扣发工资？

May a company dock wages when if an employee leaves the company without handover？

劳动者离职前未办理工作交接，单位能否扣发其工资？

May an employer dock wage if an employee fails to complete the work handover?

2021.08.12

劳动合同到期未提前一个月通知，企业应承担什么责任？

What shall the employer be liable for failure to notify the expiry of labor contract one month in advance？

劳动合同到期终止，企业未提前一个月告知员工，需要支付一个月工资作为“代通知金”吗？

Shall the employer pay the wage of one month as “payment in lieu of notice” for failure to notify the employee of the expiry of labor contract?

2021.06.17

劳动合同部分无效，单位应该支付第二倍工资吗?

If a labor contract is partially invalid, shall an employer pay a second half of double wage?

用人单位与职工签订的劳动合同部分条款违反法律规定，应否支付未签订劳动合同的另一倍工资？

If some clauses of a labor contract by and between the employer and the employee violate the law, shall the employer pay a second half of double wage for failure to conclude a labor contract?

2020.10.29

经济补偿金基数是税前工资还是税后工资?

Shall the base of severance pay be the gross or net wages?

经济补偿计算基数是按照员工税前工资还是税后工资确定？

Is the calculation base of severance pay determined as an employee’s gross or net wages?

2020.09.03

约定劳动者支付“代通知金”，无效!

The stipulation providing that an employee shall make “payment in lieu of notice” is invalid!

劳动合同约定劳动者辞职未提前一个月通知用人单位，需支付一个月工资作为“代通知金”，是否合法？

Is it legal to dock one month's wage as "payment in lieu of notice” if an employee resigns without notifying an employer one month in advance according to the labor contract?

2020.08.26

离职未交接工作，单位能扣发工资吗?

Can an employer deduct wages if its separated employee fails to hand over the work?

劳动者未履行办理工作交接的义务，用人单位能否扣发其工资？

Can the employer deduct the wages if the separated employees fail to fulfill their obligations to complete the work handover?

2020.08.13

“解除或者终止前十二个月的平均工资”含不含离职当月工资?

Does the “average monthly wage for the twelve months before dissolution or termination" include the wage for the month of separation?

《劳动合同法》关于经济补偿规定中的“解除或者终止前十二个月的平均工资”含不含离职当月工资？含不含加班费或年终奖？

Does the "average monthly wage for the twelve months before dissolution or termination" stipulated in the provisions on severance pay in the Labor Contract Law include the wage for the month of separation? Does it include overtime pay or year-end bonus?

2020.07.29

休年休假还是给补偿，谁说了算?

Who has the final say on whether the employee shall take annual leave or get severance pay?

员工拒绝公司年假安排，要求直接给予未休年休假工资，可行吗？

Is it legally feasible for the employee to refuse the annual leave arrangement by the company and claim the wages for unused annual leave?

2020.07.22