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

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

如何确定加班费计算基数？

How should the calculation base for Overtime Pay be determined?

高温津贴是否应当计入加班费计算基数？哪些部分应当计入加班费计算基数？双方在劳动合同中约定加班费计算基数是否可行？假期工资基数应当如何确定？如果基数不足，有何法律风险？

Should the high-temperature allowance be included in the calculation base of Overtime Pay? Which portions should be included in the calculation base of Overtime Pay? Is it feasible for the parties to stipulate the calculation base of Overtime Pay in the labor contract? How should the base of leave Pay be determined? If the base is insufficient, what are the legal risks?

2022.08.19

室内作业区温度在33℃左右波动，是否需支付高温补贴？

Is it necessary to Pay a high-temperature allowance when the temperature in the indoor working area fluctuates around 33℃?

关于高温津贴，我们不属于室外作业，室内作业区温度大概在30℃-35℃左右波动，这种情况下我们是否一定要支付高温津贴？

As for the high-temperature allowance, our company have no outdoor operations. The temperature in the indoor working area fluctuates around 30℃-35℃. Do we have to Pay the high-temperature allowance in this case?

2022.08.11

企业为什么要让员工签收工资条？

Why do companies require employees to sign Payslips?

实务中，用人单位为何需要劳动者签收工资条？

In practice, why do employers require employees to sign Payslips?

2022.07.21

女员工达到50周岁，劳动合同会自然终止吗？

Is the labor contract terminated naturally when a female employee reaches the age of 50?

公司一名女员工即将满50周岁，已签了无固定期限劳动合同。由于该员工的绩效一直不是很好，公司有意想要终止劳动合同，但该员工社会保险的缴纳年限还不足15年，还不符合领取养老保险资格。所以等到这个员工年满50周岁，劳动合同会自然终止吗？公司可以按照员工达到退休年龄为理由与她终止劳动合同，并不支付终止劳动合同经济补偿吗？

A female employee of our company is about to reach 50. The company has signed a open-ended labor contract with her. Considering that her performance has not been very good, the company intends to terminate the labor contract with her. However, her Payment of social security is less than 15 years, so she is not eligible to receive pension. Will the labor contract be terminated naturally when she turns 50? Can the company terminate the labor contract with her without Paying severance on the ground that she has reached the retirement age?

2022.07.21

单位因变更工作地点致员工不同意续签，是否应当支付经济补偿？

If the employee refuses to renew the labor contract because the employer changes the work location, does the employer need to make severance Pay?

本案中，用人单位在与劳动者续订劳动合同时变更工作地点、降低工资待遇，劳动者拒绝接受，用人单位以此为由不续签，是否应向劳动者支付经济补偿？

For the case at hand, the employer proposed to change the work location and reduce the salary when renewing the labor contract with the employee, for which the employee refused to accept. As a result, the employer decided not to renew the labor contract on such a ground. Should the employer Pay severance?

2022.07.21

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

劳动者主张被迫解除劳动合同能否获支持？

Can the employee’s claim of being forced to terminate the labor contract be supported?

本案中，劳动者主张公司数月未发工资无法生存，口头告知公司被迫解除劳动关系，以此要求支付经济补偿能否获支持？

In this case, the employee claimed that the Company failed to Pay him salaries, making him difficult for a living, so he verbally informed the Company that he was forced to terminate the labor relations. Will the employee’s claim for severance Pay on this ground be supported?

2022.06.30

劳动者选择不缴社保，能否以单位未缴社保要求离职补偿？

If the employee chooses not to contribute social security, can he/she claim severance Pay based on the employer’s non-contribution of social security?

本案中，劳动者申请其社保由公司每月以现金形式发放，离职后能否以单位未缴社保为由要求经济补偿？

In the case at hand, the employee asked the company not to contribute social security and distribute the corresponding social security premiums to him in cash. If so, can he claim economic compensation on the grounds of the employer’s non-contribution of social security?

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

员工不胜任工作被解除合同，为何法院判决单位败诉？

Why does the court rules against the employer when the employee is dismissed for incompetence?

用人单位未能提供证据证明劳动者存在不能胜任岗位，也未能提供证据证明存在培训或是岗位调整的情形，其做出解除劳动合同不符合法律规定，应承担违法解除劳动合同赔偿金。

If the employer does not furnish evidence to prove the employee’s incompetence, nor does it furnish evidence to prove that it has organized training or post adjustment, its decision to terminate the labor contract shall be deemed a violation of the law and it shall Pay compensation for illegally terminating the labor contract.

2022.06.09

员工未按要求交接工作，离职证明能否列明事项？

If an employee fails to hand over the work as required, can relevant instructions be included in the separation certificate?

若员工辞职后未按公司要求完成工作交接，且未按要求退还公司的欠款，在离职证明上是否能列明“按照正常手续办理离职”或”拖欠公司款项”等说明？或有其他方式可对员工进行追溯？

If an employee fails to complete the work handover as required by the Company after separation, and fails to Pay back the amount owed to the company as required, can the separation certificate include instructions such as “separating according to normal procedures” or “owing money to the company”? Or are there other ways to trace the employee?

2022.05.26

违法解除劳动合同，赔偿金中的“月工资”怎么定？

How should the “monthly salary” in the compensation for illegal termination of labor contract be determined?

公司违法解除劳动合同，需要向劳动者支付赔偿金，赔偿金以月工资为单位计算。那么，“月工资”是按照工资条上的每月实发工资算，还是按劳动合同约定的每月工资算？

If the Company rescinds the labor contract illegally, it should Pay the employee a compensation that is calculated based on the monthly salary. Then, is the “monthly salary” determined based on the monthly net Pay on the Payroll or the monthly salary agreed in the labor contract?

2022.05.26

受疫情影响，用人单位可以全员降薪吗？

Can employers affected by the epidemic apply a company-wide Pay cut?

本案中，用人单位主张因受疫情影响全员降薪且与劳动者协商一致，但未提供证据予以证明，劳动者被迫离职要求补偿获支持。

In this case, the employer claimed that it had negotiated a salary reduction with all employees due to the epidemic impacts, yet no evidence was provided. The employee was forced to resign, and his claim for compensation was upheld by the court.

2022.05.19