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

“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

“试用期内”解雇，需要支付赔偿金吗?

Does the company need to Pay compensation for dismissal during the probationary period?

本案争议焦点在于，公司以李某不符合录用条件为由解除劳动关系是否符合法律规定。

The dispute focus of this case lies in whether the termination of labor relation by the company on the grounds that Li did not meet the employment conditions is in compliance with the law.

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

能否以未足额获得加班费为由要求支付经济补偿?

Can the employee claim severance Pay on the grounds that he or she didn’t receive the Overtime Pay in full?

员工以公司未足额支付加班费为由解除劳动合同，并要求被迫解除劳动合同的经济补偿金，其主张能否得到支持？

Can the employee's claim be supported if he or she terminates the labor contract on the grounds that the company failed to give the Overtime Pay in full and demands the severance Pay for being forced to terminate the labor contract?

2020.07.22

赔偿金和经济补偿可兼得?

Can dismissed employees claim both compensation and severance Pay?

员工主张被违法解除劳动合同，能否同时主张赔偿金和经济补偿？

Can employees ask for compensation and severance Pay at the same time if they claim to be terminated illegally?

2020.07.17

如此“依规解除”，为何还要支付赔偿金?

Why does the company have to Pay compensation when the labor relation is terminated according to relevant rules and regulations?

汽车销售公司能否依据集团公司的《员工手册》解雇员工？杨某是否构成旷工？

Can the auto sales company dismiss the employee according to the Employee Handbook of the group company? Does Yang’s conduct constitute an absenteeism?

2020.07.16

疫情原因导致劳动合同未及时续签，要支付二倍工资吗?

Should the company Pay twice the salary if the labor contract is not timely renewed due to the epidemic?

疫情原因导致劳动合同到期后几个月才续签，要支付二倍工资吗？

Should the company Pay twice the salary if the labor contract is not renewed until several months upon its expiration?

2020.07.09

用人单位安排员工待岗，员工离职能要求经济补偿吗?

Can employees claim severance Pay if the employer arranges employees to await job assignment?

用人单位要求员工待岗，员工被迫辞职是否有经济补偿？

The dispute of this case lies in whether employees can claim severance Pay if they are forced to resign after the employer require them to await job assignment.

2020.07.09

打卡时间晚于规定下班时间，等于存在加班吗?

Can it be deemed as Overtime work if the punch-out time is later than the specified off-duty time?

员工下午下班后在公司健身房锻炼到八点才打卡，算加班吗

Should the employee be deemed to have worked Overtime if he or she works out in the company's gym after work until eight o'clock?

2020.07.02

一次性工伤补偿协议，有效吗?

Is the one-off compensation agreement for work-related injury valid?

单位以签订过一次性赔偿协议为由拒绝赔付相关工伤待遇，合理吗？

Is it reasonable for the employer to refuse to Pay work-related injury benefits on the grounds that it has signed a one-off compensation agreement with the employee?

2020.07.02

病假工资包含加班费、高温补贴?

Does sick Pay include Overtime and high temperature allowance?

病假工资需要剔除加班费、高温补贴或其他需剔除的项目么？

Should Overtime Pay, high-temperature allowance or others be excluded from the sick Pay?

2020.06.11