解雇返聘人员存在哪些法律风险？

What are the legal risks of dismissing the rehired employees?

1995年～2006年因当时社保意识不强，公司未为该员工缴足社保，公司存在哪些法律问题或风险？在解雇该员工时，公司需注意那些细节问题？因社保问题，员工退休后的追诉期有多久？

Due to the lack of social security awareness at that time, the Company did not fully pay the social Insurance premium for this employee during the period from 1995 to 2006. What legal issues or risks will the Company have? What details should the Company be concerned about when dismissing this employee? How long is the limitation of prosecution for social security issues after retirement?

2022.06.09

如何继续聘用达到法定退休年龄的员工？

How should employees who have reached the mandatory retirement age continue to be employed?

员工达到法定退休年龄，继续用该员工是否为返聘，如果该员工没有办理退休，或养老保险不满15年，无法办理退休，应如何处理？继续用该员工签署雇佣合同是否合适？需要注意什么法律风险？

Can it be identified as re-employment if an employee reaching the mandatory retirement age continues to be employed? What should be done if the employee does not apply for retirement, or fails to apply for retirement because the contribution period for endowment Insurance is less than 15 years? Is it appropriate to continue the employment contract with this employee? What legal risks should be noted?

2022.06.02

使用中介机构代发薪是否合规？

Is it legal to pay wages through an agency?

分公司设立独立社保账户和住房公积金账户，通过中介机构代发薪给员工，是否合规？如果合规，具体有什么需要留意的步骤或操作？

Is it legal for a branch to set up an independent social Insurance account and a housing fund account and pay wages to employees through an agency? If it is legal, what procedures or operation should we pay attention to?

2022.03.03

用人单位未及时参加生育保险，是否应当承担赔偿责任？

If an employer fails to contribute to maternity Insurance in time, shall it be liable for compensation?

用人单位未及时为劳动者参加社保，截至劳动者生育之日生育保险缴费未满12个月，单位是否应承担劳动者的生育医疗费和生育津贴？

If an employer fails to contribute to social security for an employee in time, leading to less than 12 months of maternity Insurance contribution by the date when the employee gives birth, shall the employer bear maternity medical expense and maternity allowance?

2021.11.18

员工再就业期间仍领取失业保险金，用人单位如何处理？

How shall an employer deal with the situation that an employee still receives Unemployment Insurance benefits during the re-employment period？

对于再就业期间仍继续领取失业保险金的员工，用人单位能否主张法院对其移送公安机关处理？

Can an employer request the court to transfer the employee to public security organ who remains receiving Unemployment Insurance benefits during the re-employment period?

2021.09.01

停缴社保多年未要求补缴，能主张经济补偿吗？

Can economic compensation is claimed by an employee not requiring a supplementary payment for years of failure to pay him social Insurance？

停缴社保多年员工未要求补缴，能主张立即解除劳动关系并支付经济补偿吗？

Can an employee claim for immediate rescission of labor relations and payment of economic compensation in the case where his employer has discontinued paying him social Insurance premiums since many years ago but the employee has not required making a supplementary payment during the period?

2021.08.05

投保了团体意外伤害险，用人单位的赔偿责任能减轻吗？

Will the employer’s liability for compensation be mitigated by the group accident Insurance？

用人单位为员工投保团体意外伤害险后，员工发生人身伤亡事件的，用人单位能否主张在赔偿中主张扣减意外伤害保险金？

Where an employee suffers personal injury or death after the employer has insured the employee against group accident, can the employer claim to use the accident Insurance proceeds to offset the compensation liability?

2021.06.24

值班期间加班工资怎么算?

How to calculate the overtime pay during the shift?

李某的加班时间应以出险查勘的实际工作时间计算还是以值守时段计算？

Should Li's overtime hours be calculated based on the actual working hours of the Insurance and investigation trips, or on the number of shifts?

2021.03.18

非全日制员工可否要求公司补缴养老保险费?

Can employees beyond the full-time system demand their company to make supplementary payment for endowment Insurance premium?

非全日制员工主张公司需为其缴纳养老保险，其说法能获得支持吗？

Can their statement be supported if employees beyond the full-time system maintain their company has to pay endowment Insurance premium for them?

2021.01.14

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

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

职工在同一单位连续工作期间发生两次工伤，工伤保险待遇怎么发?

How will the work-related injury Insurance benefits be paid to an employee who has suffered two consecutive work-related injuries during continuous working period?

职工在同一单位连续工作期间发生两次工伤，解除劳动合同时如何计发工伤保险待遇？

How will the work-related injury Insurance benefits be paid to an employee who has suffered two consecutive work-related injuries during continuous working period?

2019.06.13

退休返聘工作中猝死单位该赔吗?

Shall an employer make compensation in case of sudden death of re-employed retiree in work?

返聘人员不参加工伤保险，单位该注意什么？

What should an employer be concerned about if a reemployed retiree does not participate in work-related injury Insurance?

2019.06.06

劳动争议期间，劳动者社保金如何处理?

During the labor dispute period, how will an employee’s social security funds be dealt with?

用人单位被认定为违法解除，在争议期间，劳动者的社会保险费如何处理？

An employer is deemed to have dissolved employment contract illegally. During the dispute period, how will the social Insurance premium of an employee be dealt with?

2019.05.30

公司缴纳了工伤保险费用后，是否意味着对工伤免责?

Is an employer that has paid work-related injury Insurance premium exempt from liabilities for work-related injury?

员工遭遇工伤，公司主张治疗费用应由工伤保险基金支付，公司无法律上承担该部分费用的义务，是否合理？

Where an employee sustains a work-related injury, an employer claims the treatment expenses should be paid from the work-related injury Insurance fund, and that it isn’t legally obligated to bear these expenses. Is it reasonable?

2019.05.23