非全日制员工可否要求公司补缴养老保险费?

Can employees beyond the full-time system demand their company to make supplementary Payment for endowment insurance premium?

非全日制员工主张公司需为其缴纳养老保险，其说法能获得支持吗？

Can their statement be supported if employees beyond the full-time system maintain their company has to Pay endowment insurance premium for them?

2021.01.14

经济补偿金的工作年限包括2008年前的吗?

Are the working years prior to 2008 included in the length of service to receive severance Pay?

劳动者获得经济补偿金的工作年限是否计算2008年1月1日前的连续工作时间？

Shall the consecutive working years prior to January 1, 2008 count towards the length of service for employees to receive severance Pay?

2020.12.24

员工月中离职，公司不缴纳社保公积金可行吗?

Is it legal for the company not to Pay social insurance premium or housing provident fund when employees quit in the middle of the month?

员工于2020年12月11日离职，公司不给员工12月缴纳社保公积金有法律风险吗？

The employee quit on December 11th, 2020. Is there any legal risk for the company not to Pay the social insurance premium or housing provident fund for the employee in December?

2020.12.17

代通知金是否受社平三倍的限制？

Whether the Payment in lieu of notice is capped at three times the social average？

代通知金是以劳动者在解除当月的上一个月的正常劳动工资作为代通知金的标准，这个标准是否受到社平三倍薪水的限制？

The Payment in lieu of notice is based on the normal salary of employees for the previous month of termination. Shall this standard be limited to that lower than three times the social average?

2020.11.19

电子邮件发送截图，能作为加班证据吗?

May the e-mail screenshot be used as the proof of Overtime work ?

员工能否单以电子邮件的发送时间在休息日为由，要求获得加班费？

May an employee claim Overtime Pay only on the grounds of an e-mail sent on a rest day?

2020.11.12

拒绝新岗位并终止劳动合同，可否主张经济补偿?

Is an employee entitled to claim severance Pay if he refuses a new job and terminate the labor contract?

员工拒绝公司提供的新岗位，并未再上班。主张经济补偿能否获得支持？

The employee refused the new job assigned by the company and did not show up again. Will his claim for severance Pay be supported?

2020.11.04

职工发生工伤，可以按病假发工资吗?

May an employee sustaining a work-related injury be paid as if having a sick leave?

单位按病假标准给工伤员工发放工资是否合理？

Is it reasonable for an employer to Pay an employee with work-related injuries according to the sick leave standard?

2020.10.29

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

公司要向客户退款，能要求员工退回提成吗?

If the company refunds Payments to customers, may it require the employee to return the commission?

公司要退回客户销售款，能要求经手的销售退回提成吗？

If the company refunds sales Payments to customers, may it require the attending sales employee to return the commission?

2020.10.15

员工整月病假，工资怎么算?

How shall salary be calculated if an employee takes sick leave for a whole month?

员工病假工资是否包含社保和公积金的个人部分？

Whether employee’s sick leave Pay includes the personal contributions of social insurance premium and housing provident fund.

2020.10.08

法定节假日上班，节后补休，还需支付加班费吗?

Shall Overtime Pay be given for work during legal holidays after time-off in lieuShall Overtime Pay be given for work during legal holidays after time-off in lieu?

法定节假日上班节后补休，单位还需支付加班费吗？

Shall the employer still give Overtime Pay for work during legal holidays after time-off in lieu?

2020.10.08

关于医疗期及解除的问题

Medical treatment period and dissolution of labor relations

职工完全丧劳但不符合病退条件，与其解除劳动关系要支付补偿金和医疗补助费吗？

Shall an employer give severance Pay and medical subsidy if it rescinds the labor relations with an employee who is identified as having lost working capability entirely but ineligible for health retirement?

2020.09.10

能否以未获得过节费为由要求支付经济补偿?

May a claim for severance Pay be made on the grounds of having never received a festival allowance?

公司有一名员工以公司未支付过节费为由解除劳动合同，要求被迫解除劳动合同的经济补偿金，请问员工的主张能否得到支持？

One of the company’s employees terminated the labor contract on the grounds that the company had never paid any festival allowance, claiming severance Pay for being forced to terminate the labor contract. May the employee's claim be supported?

2020.09.03

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

代通知金是否应含半年绩效奖?

Should the Payment in lieu of notice include a half-year performance award?

代通知金标准如何确定？

How should the standard of Payment in lieu of notice be determined?

2020.08.13