癌症员工劳动合同终止，单位应如何进行经济补偿？

When the labor contract with employee suffering from cancer terminates, how shall the employer make economic compensation?

南京当地员工患有胃癌，现劳动合同到期终止，医疗期已结束。公司依法终止劳动合同，除经济补偿金N外，还有什么补偿要求？有何政策依据？

The labor contract with a local employee in Nanjing who suffers from gastric cancer expires, and the medical treatment period has ended. If the company terminates the labor contract according to law, what compensation claims are there besides the severance Pay for N years of service length? What is the policy basis?

2021.09.23

不同工时制度如何计算加班费？

How shall the Overtime Pay be calculated under different work schedules?

用人单位实施的工时制度不同，加班费应如何计算？

How shall the Overtime Pay be calculated where the employer practices different work schedules?

2021.09.23

员工可以放弃休哺乳假并且申请加班吗？

Can an employee gives up taking a breastfeeding leave and applies for Overtime？

员工可以放弃休哺乳假吗？员工放弃休哺乳假后，公司可以安排加班吗？

Could the employee give up taking a breastfeeding leave? Could the company arrange the Overtime after the employee gave up taking the breastfeeding leave?

2021.09.16

为何每班工作12小时，法院却不支持延时加班费？

Why doesn’t the court support Overtime Pay for extended hours to employees working each shift of 12 hours?

劳动者从早七点工作至晚七点，每班工作12小时，为何法院不支持延时加班费？

Why doesn’t the court support Overtime Pay for extended hours to employees who work 12 hours per shift from 7:00 am to 7:00 pm?

2021.09.09

给员工的经济补偿金应在何时支付？

When shall the severance Pay to employees be paid？

公司未能与员工达成协商解除，应在何时支付单方解除经济补偿金？

Provided that the company fails to achieve an agreement on rescission with the employee, when shall it Pay the severance Pay for unilateral rescission?

2021.08.19

停缴社保多年未要求补缴，能主张经济补偿吗？

Can economic compensation is claimed by an employee not requiring a supplementary Payment for years of failure to Pay him social insurance？

停缴社保多年员工未要求补缴，能主张立即解除劳动关系并支付经济补偿吗？

Can an employee claim for immediate rescission of labor relations and Payment of economic compensation in the case where his employer has discontinued Paying him social insurance premiums since many years ago but the employee has not required making a supplementary Payment during the period?

2021.08.05

员工在外任职，可以按照约定以违约解除吗?

May the labor contract with an employee holding an external post be dissolved on the grounds of breach of contract according to agreement?

公司劳动合同上有条款规定“不得在外任职，否则可以按照违约解除”。现有员工在职期间有兼职，如何处理？

There is a clause in the company's labor contract that "the Employee is not allowed to hold an external post, otherwise the labor contract may be dissolved for breach of contract". How to deal with employees on Payroll who hold part-time jobs during their employment?

2021.07.22

未及时足额支付劳动报酬，如何认定？

How to identify the failure to Pay labor remuneration in full and in time?

公司延迟17天发放工资的行为，是否构成了未及时足额支付劳动报酬？

Does the company's delay in Paying for 17 days constitute failure to Pay labor remuneration in full and in time? Shall the claim for economic compensation be supported?

2021.07.22

钉钉打卡记录可以证明加班吗？

Can clock-in/out records on DingTalk serve as evidence of Overtime？

钉钉打卡记录作为考勤记录方式之一，能否成为判定员工存在加班情形的依据？

Can the clock-in/out records on DingTalk, as one of the ways of attendance record, become evidence to decide whether an employee coincides with the circumstance of Overtime?

2021.07.01

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

补签劳动合同可以免于支付二倍工资吗？

May the Payment of double salary be avoided if a labor contract is signed retroactively？

用人单位与劳动者补签劳动合同，劳动者主张未订立劳动合同二倍工资可否支持？

May an employee’s claim for double salary be supported on the grounds of having not concluded a written labor contract notwithstanding the employer and the employee had signed a labor contract retroactively?

2021.06.10

三期女工每天1小时的“哺乳时间假”可以“折现”吗？

Can the daily one-hour “breastfeeding break” for female employees falling into “the three periods” be “cashed”?

我们通常熟悉的未休“带薪年休假”可以通过支付补偿工资来处理，那么“哺乳时间假”是否同样可以呢？

Typical “paid annual leave” not taken can be addressed by Paying a compensatory salary. So can this apply the same way to the “breastfeeding break”?

2021.06.03

劳动合同期满终止必须支付经济补偿吗?

Does the employer have to provide severance Pay when the labor contract is terminated upon expiration?

张某与青岛某公司的劳动合同到期后，谁提出了终止劳动合同？应由谁来承担举证责任？

Who proposed to terminate the labor contract after Zhang's labor contract with the Company expired? Who shall bear the burden of proof?

2021.05.27

生育津贴需要缴纳个人所得税吗?

Is the maternity allowance subject to individual income tax?

员工取得生育津贴，是否需要缴纳个税？

Do employees need to Pay individual income tax when they get maternity allowance?

2021.05.20

自愿约定高于法定标准的离职补偿,有效吗?

Is it legally effective to voluntarily agree on a severance Pay higher than the mandatory standard?

用人单位与高管约定高于法定标准的离职补偿有效吗？能与经济补偿或赔偿金同时主张吗？

Is it legally effective for employers and executives to agree on a severance Pay higher than the mandatory standard? Can it be claimed together with the economic compensation or indemnity?

2021.05.20