已知员工造假却继续用工，日后还能解除吗?

Can an employee who is known to commit counterfeit but continued to be employed be dismissed in the future ?

公司知道员工学历造假却继续用工，日后能以学历造假为由解除劳动合同吗？

Can the company rescind labor contract in the future on the ground of fabricated academic credentials with some employee who is known to fabricate his/her academic credentials but still to be kept on with employment?

2021.01.14

受疫情影响封村，员工未能返岗是否能扣年假?

Given the lockdown of village due to the epidemic, can employees be deprived of annual leave for their failure to return to work?

对于因封村未能正常上班的人，是否能扣年假？如已没有年假，应如何处理？依据是什么？

Can those who failed to work as normal due to the lockdown of village be deprived of annual leave? How to do if there is already no annual leave for them? What’s the basis?

2021.01.07

公司可否根据生产经营需要单方调岗?

Is it reasonable for the company to transfer positions unilaterally on the basis of its need for production and operation?

公司现在进行生产经营调整，有些员工需要进行调岗，请问公司可否根据生产经营需要单方调岗？

The company is now making adjustment in production and operation such that some employees shall have to experience a transfer-position. Can the company transfer positions unilaterally on the basis of its need for production and operation, please?

2021.01.07

能否以“末位淘汰”为由与劳动者解除合同?

Is it reasonable to rescind labor relations with employees on the ground of "bottom-out" system?

公司以“末位淘汰”为由与员工解除劳动合同，合理吗？

Is it reasonable for the company to rescind the labor contract with employees on the ground of “bottom-out” system?

2021.01.07

劳动者虚假病假如何识别?

How to identify false sick leaves of employees?

用人单位如何识别劳动者虚假病假？

How can employers identify false sick leaves of employees?

2020.12.31

解除通知发出后单位还能撤回吗?

Can the employer withdraw the rescission notice after issuing it?

本案争议焦点主要在于A公司是否有权撤回解除通知，双方劳动关系解除以哪次解除通知为准？

The focus of dispute in this case resides mainly in whether Company A is entitled to withdraw the rescission notice, and which of the two rescission notices shall prevail for the labor relation to be rescinded between both parties.

2020.12.31

经济补偿金的工作年限包括2008年前的吗?

Are the working years prior to 2008 included in the length of service to receive severance pay?

劳动者获得经济补偿金的工作年限是否计算2008年1月1日前的连续工作时间？

Shall the consecutive working years prior to January 1, 2008 count towards the length of service for employees to receive severance pay?

2020.12.24

员工医疗期满后，单位在什么情形下可以解除劳动合同?

Under what circumstance(s) can the employer rescind the labor contract after the employee’s medical treatment period expires?

医疗期满后，单位是否需要为无法返岗工作的员工另行安排其他岗位？未另行安排其他岗位直接解除劳动合同是否违法？

After the medical treatment period expires, need the employer assign another job for employees who are unable to return to work? Is it illegal to rescind the labor contract immediately instead of assigning alternative jobs?

2020.12.24

员工月中离职，公司不缴纳社保公积金可行吗?

Is it legal for the company not to pay social insurance premium or housing provident fund when employees quit in the middle of the month?

员工于2020年12月11日离职，公司不给员工12月缴纳社保公积金有法律风险吗？

The employee quit on December 11th, 2020. Is there any legal risk for the company not to pay the social insurance premium or housing provident fund for the employee in December?

2020.12.17

如何理解“同一用人单位与同一劳动者只能约定一次试用期”?

How should “the same employer can impose only one probationary period on the same employee” be construed?

如何理解《劳动合同法》有关“同一用人单位与同一劳动者只能约定一次试用期”的规定？

How should the provision of the Labor Contract Law that "the same employer can impose only one probationary period on the same employee” be construed?

2020.12.17

公司规章制度与劳动合同约定内容不一致，应如何适用?

How should the compan’s bylaws be applied if they are inconsistent with the content agreed in the labor contract?

从公司提供绩效考核管理制度的内容看，与双方劳动合同约定的内容不一致，唐某要求优先适用劳动合同约定，应予支持。

Since the content of the performance appraisal management system provided by the company is inconsistent with the content agreed in the labor contract, Tang’s claim for preferential execution of the labor contract shall be supported.

2020.12.17

员工不胜任工作调岗能否降薪?

Provided that the employee is incompetent for his/her job, can his/her salary be reduced after his/her position is transferred?

用人单位对不胜任员工进行调岗时能否调整其薪资？

Can the employer adjust the salary while transferring incompetent employees’ position?

2020.12.10

重症疾病患者提前退休、退职事宜

Early Retirement and Resignation of Employees with Severe Diseases

员工已连续休病假24个月，能否在劳动合同到期后办理提前退休或退职手续？

Can an employee who has been on sick leave for 24 consecutive months go through early retirement or resignation procedures after the expiration of the labor contract?

2020.12.03

代通知金是否受社平三倍的限制？

Whether the payment in lieu of notice is capped at three times the social average？

代通知金是以劳动者在解除当月的上一个月的正常劳动工资作为代通知金的标准，这个标准是否受到社平三倍薪水的限制？

The payment in lieu of notice is based on the normal salary of employees for the previous month of termination. Shall this standard be limited to that lower than three times the social average?

2020.11.19

共享用工中，劳动者发生工伤谁担责?

Who shall be responsible for employee’s work-related injury in case of shared employment?

共享用工中，劳动者发生工伤应该由哪个单位为其担责？

Which unit shall be responsible for employee’s work-related injury in case of shared employment?

2020.11.19