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

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

员工年中离职要求年终奖能否被支持?

Should the year-end bonus be awarded if the employee resigns in the middle of the year?

2018年员工工作未满一年，离职时要求单位支付年终奖，能否获得法院支持？

Would the court support the employee’s claim for year-end bonus if he or she resigned from the company in the middle of the year 2018?

2020.07.02

企业采集员工个人信息有法律风险吗?

Is there any legal risk for the employer to collect personal information of employees?

《民法典》出来后，企业与HR采集员工个人信息有法律风险吗？

Is there any legal risk for the employer and HR to collect personal information of employees upon the promulgation of the Civil Code?

2020.06.18

单位要求劳动者赔偿因过错造成的损失应承担举证责任

The employer shall bear the burden of proof if it requires the employee to compensate for the losses due to his or her fault

本案的争议焦点为公司是否因项目废标和离职交接产生实际损失，以及是否应由齐某承担责任。

The focus of the dispute in this case was whether the Company incurred actual losses due to the bid cancellation and handover for resignation, and whether Qi shall be held liable.

2020.06.18

劳动合同能否约定被公安机关收容审查、拘留或逮捕的，属于严重违纪?

Can labor contract stipulate that any employee who is sheltered for investigation, detained or arrested by a public security organ shall be deemed to have committed a serious violation of discipline?

劳动合同中约定劳动者涉嫌违法犯罪被公安机关收容审查、拘留或逮捕的，属严重违纪，这种条款是否有效？

Is it valid if the labor contract stipulates that any employee who is sheltered for investigation, detained or arrested by a public security organ on suspicion of illegal crime shall be deemed to have committed a serious violation of discipline?

2020.06.11

发生劳动争议时，在第三方平台签订的电子劳动合同会被认可吗?

In the event of a labor dispute, would the electronic labor contract signed on a third-party platform be accepted?

近几年出现了提供电子合同签订的网上平台，发生劳动仲裁的时候，这样的电子劳动合同是否被承认？

Over the recent years there have been online platforms providing electronic contract signing service. Would such an electronic labor contract be acknowledged in the event of a labor arbitration?

2020.06.04

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

劳动合同延期3个月属于第二次签订劳动合同吗?

Will a 3-month extension of labor contract constitute a second consecutive conclusion of labor contract?

劳动合同延期3个月构成第二次签订劳动合同吗？会导致到期无法终止吗？

Will a 3-month extension of labor contract constitute a second consecutive conclusion of labor contract? Will it be unable to terminate upon expiration?

2020.05.28

即将毕业的大学生可与用人单位认定劳动关系吗?

May the labor relations be identified between soon-to-be college graduates and employers?

即将毕业的大学生与用人单位签订的劳动合同可以认定为劳动关系吗？

May the labor contracts between soon-to-be college graduates and employers be identified as the establishment of labor relations?

2020.05.21

如此调岗合法吗?

Is such transfer-position legal?

公司将员工从驾驶员岗位调至车间操作工，该员工未按约定报到，公司解除劳动合同合法吗？

The company transferred one of its employees from the driver position to the workshop operator position. As the employee failed to report for duty as stipulated, is it legal for the company to terminate the labor contract?

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

员工手册规定年终奖只对考核时在职员工发放有效吗?

Is it valid for the employee handbook to stipulate that the year-end bonus shall only be granted to employees who are on duty at the time of assessment?

员工手册中规定年终奖发放期间，离职员工将不予发放，该规定有效吗？

It is stipulated in the employee handbook that an employee who has quitted shall not be entitled to year-end bonus. Is this provision valid?

2020.05.14