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

停工停产超过一个工资支付周期，劳动者工资如何支付?

How should the employees be paid if the suspension of work and production exceeds one payroll cycle?

我司因环保问题停止生产，预计停产将超过一个工资周期，请问在此期间我司是否可按上海市最低工资标准支付劳动者工资？

Our company has stopped production due to environmental protection problems and the suspension is expected to exceed one payroll cycle. May I ask whether our company can pay the employees according to the Minimum wage standard in Shanghai during this period?

2020.04.23

病假期间工资是否有最低标准?

Is there a Minimum wage standard for sick leave?

员工正常出勤工资为最低标准，其病假期间的工资如何确定？

If an employee’s wage for full attendance is paid according to the Minimum wage standard, how should his wage during the sick leave be determined?

2019.12.19

补签劳动合同，公司可免责吗?

Is the company exempt from liabilities for signing the labor contract retroactively?

补签劳动合同后，员工还能追讨二倍工资吗？

Can an employee claim double wage after the labor contract is signed retroactively?

2019.12.12

病假期遇上法定节假日，工资怎么算?

How should the wage be calculated if a sick leave includes statutory holidays?

病假期间包含法定节假日，该法定节假日是全薪吗？还是按病假工资标准计算？

If the sick leave includes statutory holidays, is a full pay granted for such statutory holidays, or is the wage calculated on the basis of sick pay?

2019.12.05

劳动者的月均工资加上年终奖后不低于最低工资，可以吗?

The average monthly wage of employee plus the year-end bonus is not lower than the Minimum wage. Is this viable?

劳动者每月工资均低于最低工资，但加上年终奖后平均每月不低于最低工资可以吗？

The monthly wage of an employee is lower than the Minimum wage. With the year-end bonus, however, the average monthly wage is not lower than the Minimum wage. Is this viable?

2019.09.11

员工产假期间，公司可以降低其薪资待遇吗?

Can the company reduce the wages of employees during their maternity leave?

员工休产假享受生育津贴期间，公司能否不支付工资差额及年终奖？

Is the company allowed to decline the wage difference and year-end bonus during the period when employees receive maternity allowance on maternity leave?

2019.09.05

员工旷工能否停发工资？

Can the company stop paying the wages on the ground of absenteeism?

单位送达返岗通知书，旷工员工仍未到岗，可以停发工资吗？

If an employee fails to report to duty after the company sends the notice of returning to work, can the wages of such employee be suspended?

2019.08.29

劳动者未正常劳动，还能主张工资不低于最低工资标准吗?

Is an employee entitled to claim that the pay should be not lower than the Minimum wage standard if he/she doesn’t work normally?

员工缺勤10天，还能主张当月所得工资不得低于最低工资标准吗？

If an employee is away from work for 10 days, is he/she still entitled to claim that the pay of the current month should not be lower than the Minimum wage?

2019.07.17

劳动合同到期未续签要支付二倍工资差额吗?

Shall an employer pay as much as twice the wage difference if the labor contract is not renewed upon expiration?

劳动合同到期未及时续签，员工可以要求二倍工资差额吗？

If the labor contract is not renewed in due course upon expiration, may an employee claim as much as twice the wage difference?

2019.07.04