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

工伤期间相关补贴是否按全勤发放？

Should relevant allowances be Paid on the basis of full attendance during the work-related injury period?

员工工伤期间的驻场补贴，应按具体出勤情况发放，还是按全勤发放？

Should the on-site allowance be Paid based on specific attendance days or full attendance during the work-related injury period?

2022.08.04

员工隔离期间能否强制安排年休假？

Can employees be forced to take the Annual Leave during the quarantine period?

办公室员工疫情期间被隔离在家，如果公司判断无法居家办公的情形下，可否强制安排其进行带薪年假休息？

Some employees are quarantined at home due to the pandemic. If the company determines that they are not suitable for working from home, can the company force them to take the Paid Annual Leave?

2022.08.04

第三方员工是否可以加入公司工会？

Can employees of third parties join the trade union of the company?

公司与人才公司签订保洁、绿化合同，该部分人员以小时工资支付，每天工作时间不超过4h。该类员工是否可以成为公司的工会会员？

Our company has signed a cleaning and greening contract with an HR outsourcing company, according to which cleaning and greening personnel shall be Paid by hour and their working time shall not exceed 4 hours per day. Can such employees join the trade union of our company?

2022.07.28

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

女职工能否在50～55周岁之间退休，期间若公司解散怎么办？

Can female employees retire between the ages of 50 and 55? What if the company is dissolved during this period?

公司一女职工即将满50岁，职位属于管理岗位，但社保按照工人身份缴纳，如按照工人的退休年龄，现已达到退休年龄，但如果员工想以干部身份退休，能否在社保系统更改为干部身份了？若公司一年后解散，一年后该员工还可以以员工身份办理退休吗？

A female employee of the company is about to turn 50. Although she serves as a cadre, her social security contributions are Paid as a worker. Now, she has reached the retirement age according to the retirement age of workers. But if she wants to retire as a cadre, can she change her status to a cadre in the social security system? If the company is dissolved one year later, can the employee retire as an employee?

2022.07.07

职工未申请休年假，视为自动放弃吗？

Are employees who have not applied for Annual Leave deemed to waive the entitlement?

用人单位规章制度能否规定劳动者不主动申请休年休假，就等于自动放弃休假？

Is it legal that the rules of the employer stipulate that if the employees do not take the initiative to apply for Annual Leave, it will be deemed a waiver of Annual Leave?

2022.03.31

员工休完产假还能再享受带薪年休假吗？

Can employees enjoy Paid Annual Leave after taking maternity Leave?

员工休完产假后再申请休年假，公司能否以休产假时间过长为由拒绝申请？

If an employee applies for Annual Leave after taking maternity Leave, can the company decline the application on the grounds that the maternity Leave is too long?

2022.03.24

劳动者不辞而别，用人单位该怎么办？

What should the employer do if an employee Leaves his post without notice?

实践中，有的劳动者不辞而别，用人单位以其旷工为由与其解除劳动合同，结果被认定为违法解除劳动合同而支付了赔偿金。为此，用人单位要做好法律风险的防范。

In practice, some employees Leave the post without notice, and the employers terminates the labor contract with them on the grounds of absenteeism. As a result, the employers are deemed to have illegally terminated the labor contract, and therefore are required to pay compensation. To this end, employers should take precautions against legal risks.

2022.03.17

无法提供流产证明，是否还能享受流产假及相应补贴？

If an employee fails to provide an abortion proof, can she still enjoy abortion Leave and corresponding subsidies？

员工未能提供流产证明，是否还可以享受流产假以及相应的补贴呢？

If an employee fails to provide an abortion proof, can she still enjoy abortion Leave and corresponding subsidies?

2022.02.24

员工提出自己有中度抑郁，公司还能解除劳动合同吗？

Can the company dissolve the labor contract if the employee claims to suffer from moderate depression?

公司员工断断续续地请病假，说自己得了中度抑郁，需要定期治疗。而该员工业绩一直不是很好，公司已有和她协商解除劳动合同的打算，但现在有这样的状况，公司能否和她解除劳动合同？

An employee of the company takes sick Leave intermittently, claiming that she suffers from moderate depression and needs regular treatment. However, the employee’s performance has not been very good. The company has planned to dissolve the labor contract with her through negotiation. But now that there is such a situation, can the company dissolve the labor contract with her?

2022.02.17

法定假日、婚假、年休假等假期可以连休吗？

Can statutory holidays, marital Leave, Annual Leave and other holidays be taken consecutively?

用人单位能否拒绝劳动者提出连休婚假、年休假、法定假日的申请？

Can the employer refuse an employee’s application for taking marital Leave, Annual Leave and statutory holidays consecutively?

2022.02.17

竞业限制经济补偿能否在职期间支付？

Can economic compensation for non-compete be Paid during employment?

实务中，竞业限制经济补偿应在何时支付给劳动者？在职期间能否随工资一并发放？

In practice, when should economic compensation for non-compete be Paid to the employee? Can it be Paid together with salary during employment?

2022.02.10

一次性伤残就业补助金，是否受一年时效限制？

Is the one-time employment subsidy for disability subject to a one-year time limitation?

工伤员工离职时公司未支付一次性伤残就业补助金，离职后过了一年员工是否可以再主张？

If an employer does not pay the one-time employment subsidy for disability when the injured employee Leaves office, can the employee claim for the subsidy again after one year of leaving office?

2022.01.20

可否要求员工提前结束产假回公司上班？

May a female employee be required to end her maternity Leave early to resume work?

公司希望员工提前结束产假，如果员工也同意，可否让员工提前结束产假回公司上班？实操中如何操作以降低企业风险？

Where a company expects a female employee to end her maternity Leave early and the employee agrees to do so, may the female employee be required to end her maternity Leave early to resume work? How to mitigate the employer’s risks in practice?

2022.01.06