员工整月病假，工资怎么算?

How shall salary be calculated if an employee takes sick leave for a whole month?

员工病假工资是否包含社保和公积金的个人部分？

Whether employee’s sick leave pay includes the personal contributions of social insurance premium and housing provident fund.

2020.10.08

医疗期满员工复工后癌症复发，怎么办?

How shall the case be handled where an employee experiences a cancer recurrence during his return to work after the end of medical treatment period?

医疗期已满的患癌症员工，如果安排复工后，癌症再次复发，还有医疗期吗？遇到此类员工，如何处理？

How shall the case be handled where an employee experiences a cancer recurrence during his return to work after the end of medical treatment period?

2020.09.17

交通事故责任认定书尚未作出，能不申请工伤认定吗?

May the application for identification of work-related injury not be made if the Traffic Accident Responsibility Certificate has yet to be issued?

单位以未做出交通责任认定书为由拒绝申请工伤认定，合法吗？

Is it legal for an employer to refuse to apply for identification of work-related injury on the grounds that the Traffic Accident Responsibility Certificate has yet to be issued?

2020.09.17

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

职工退休年龄的认定

Determination of retirement age of employees

职工档案记载的出生时间与身份证上出生时间有差异，退休年龄如何认定？

How shall the retirement age be determined if the birth dates recorded in the employee’s file and ID card are inconsistent?

2020.09.10

劳动者已出现职业病症状，拒绝调岗怎么办?

What shall a company do when one of its employees having developed symptoms of occupational diseases refuses transfer-position?

员工已出现职业病症状，公司多次要求调岗遭拒，怎么办？

What shall a company do when one of its employees who has developed symptoms of occupational diseases refuses the company's request for transfer-position several times?

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

工伤职工严重违纪被解雇，能否享受工伤待遇?

If an employee sustaining a work-related injury is dismissed for serious disciplinary violation, is he eligible for work-related injury benefits?

用人单位能否解除违纪工伤职工的劳动合同？

May the employer terminate the labor contract with the employee sustaining a work-related injury on the grounds of disciplinary violation?

2020.09.03

应休未休的带薪年休假如何处理?

How shall an employer deal with the paid annual leave that has not been taken?

员工的带薪休假消化率低，有什么解决对策？

If employees' usage of paid leave is low, what are the solutions

2020.08.26

约定劳动者支付“代通知金”，无效!

The stipulation providing that an employee shall make “payment in lieu of notice” is invalid!

劳动合同约定劳动者辞职未提前一个月通知用人单位，需支付一个月工资作为“代通知金”，是否合法？

Is it legal to dock one month's wage as "payment in lieu of notice” if an employee resigns without notifying an employer one month in advance according to the labor contract?

2020.08.26

从母公司到子公司，员工工龄如何计算?

How should the length of service be calculated if an employee is transferred from the parent company to a subsidiary?

从母公司调至子公司，员工工龄要合并计算吗

When an employee is transferred from the parent company to a subsidiary, should the employee’s length of service be consolidated?

2020.08.20

公司可否安排员工休明年的法定带薪年休假?

Can the company arrange for employees to take statutory paid annual leave of next year?

公司想知道，能否安排员工提前休明年的法定带薪年休假？

The company would like to know whether it is possible to arrange for employees to take the statutory paid annual leave of next year in advance.

2020.08.20

返聘离职员工，工龄和试用期怎么办?

How should the length of service and probation period be determined for rehiring separated employees?

返聘离职人员，工龄要重新算吗，能否重新约定试用期？

Should the length of service be recalculated and can we specify another probationary period if we hire separated employees?

2020.08.13

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