病假期间算不算企业工龄?

Can sick Leave period be included in the length of service?

员工申请病假，期间应当如何算工龄？

If an employee applies for sick Leave, how should the length of service be calculated?

2020.07.09

员工离职但带薪福利假未休完，单位怎么补偿?

How should the company compensate separated employees for unused Paid Leave?

员工离职时单位需要就未休完的带薪福利假做何补偿吗？

Does the employer need to compensate separated employees for the unused Paid Leave?

2020.06.18

出差期间休息日是否加班，谁说了算?

Who has the final say on whether work on rest days shall be recognized as overtime work during the business trip?

徐某出差期间包含休息日，公司也支付了休息日的出差津贴，那么是否还需要向徐某支付休息日加班工资？

Xu's business trip includes rest days, and the company has also Paid the travel allowance for rest days. Is it necessary for the company to pay Xu overtime salary for rest days?

2020.06.11

工资支付周期是指自然月还是本公司的考勤结算日?

Does payroll cycle refer to the calendar month or the attendance day of the company?

公司停工停产一个月以上，“一个工资支付周期内”如何定义？期间工资如何支付？

How to define “within one payroll cycle” if the company has shut down and ceased production for above one month? How should salary be Paid during the period?

2020.06.04

医疗期内，用人单位不得随意解除劳动合同!

Employer can’t rescind the labor contract at discretion during the medical treatment period!

劳动者出院后未再提交请假单，单位以其不适合工作岗位且严重违反劳动纪律和规章制定为由解除劳动合同违法吗？

Is it illegal that the employer rescinds the labor contract for the reason that the employee who fails to submit a written request for Leave after being discharged from hospital is not eligible for the job position and that he has seriously violated the labor discipline and regulations?

2020.06.04

产假人员、退休返聘人员，高温津贴要发放吗?

Shall high temperature allowances be given to employees on maternity Leave and reemployed retirees?

单位要给产假员工及退休反聘员工发放高温津贴吗？

Shall the employer give high temperature allowances to employees on maternity Leave and reemployed retirees?

2020.05.28

员工因公借款未还，可以从工资中代扣吗?

Can the money borrowed by an employee for work purpose be withheld from his salary if not Paid back?

The employee did not pay back the borrowing on time as required by the company after borrowing the money for work purpose. The employee has been told many times to pay back the borrowing, otherwise the borrowing would be deducted from his salary if not Paid back within the time limit. Will there be any risks if the borrowing is deducted from the salary?

2020.05.21

公司能否规定用休假抵扣员工迟到?

Can the company stipulate in its regulations that day-off may be used to offset employees’lateness?

公司能否规定员工每月累计迟到2次，抵扣半天休假？

Can the company stipulate in its regulations that a half-day Leave shall be deducted if the employee is late for work twice a month?

2020.05.14

新冠疫情下延迟复工，当年度员工是否还享有带薪年休假?

Are employees still entitled to Paid Annual Leave given the delayed resumption of work due to the COVID-19 epidemic?

新冠疫情导致延迟复工，单位按照停产停产支付了劳动者工资，2020年能否不再安排员工的带薪年休假？

Since the COVID-19 epidemic has caused a delay in resumption of work, the company has Paid the employees their salaries during the suspension of work and production. Is it legal to cancel the Paid Annual Leave of the employees in 2020?

2020.04.30

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

公司规章可否规定离职前休完法定年假?

Can the company regulations stipulate that the statutory Annual Leave should be taken upon separation?

公司可以要求员工休完所有法定年休假和公司年假后再离职，否则仅支付正常工作日工资吗？

Can the company regulations stipulate that employees are required to take all statutory and company Annual Leaves before leaving the company, otherwise they will only be Paid the normal working day salary?

2020.04.16

入职后断断续续请病假，医疗期如何计算?

How should the medical treatment period be calculated if the employee takes intermittent sick Leave upon entry?

应届毕业生入职后频频病假，其医疗期如何计算？

How should the medical treatment period be calculated if the fresh graduate frequently takes sick Leave after joining the company?

2020.04.09

非全日制劳动者是否享有年休假?

Should part-time workers be entitled to Annual Leave?

单位是否应给予非全日制劳动者年休假？

Does the employer need to grant part-time workers Annual Leave?

2020.04.02

提前下班在路上受伤算工伤吗?

Is it a work-related injury to Leave work early and get injured on the way?

员工未经公司许可提前下班，途中受伤，是工伤吗？

Is it a work-related injury when an employee Leaves work early without the company's permission and gets injured on the way?

2020.04.02

在试用期内解除劳动合同是否应该支付经济补偿?

Should financial compensation be Paid for the termination of the labor contract during the probation period?

本案的争议焦点是劳动者在试用期期间因患病，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作，用人单位与其解除劳动合同是否应该支付经济补偿。

The focus of the dispute in this case is whether the employer should pay economic compensation for the termination of the labor contract if the employee is sick during the probation period and can engage neither in his original work nor in other work arranged by the Employer upon the expiration of the probation period.

2020.04.02