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

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

雇员自检新冠抗原测试呈阳性，雇主应如何处理疾病津贴？

How should the employer handle the sickness allowance if the employee tests positive for COVID-19 on a rapid antigen self-test?

如雇员自行进行新型冠状病毒病快速抗原测试而结果呈阳性，雇主应如何处理雇员的疾病津贴事宜？（香港地区）

If an employee tests positive for COVID-19 on a rapid antigen self-test, how should the employer handle the sickness allowance for the employee? (Hong Kong)

2022.06.30

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

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

职工能否要求单位补发被截留的生育津贴？

May an employee ask an employer to pay retroactively the withheld maternity allowance?

女职工产假期间的生育津贴被用人单位截留，能否要求补发？

May a retroactive payment be required if the maternity allowance for female employees during maternity leave is withheld by the employer?

2021.12.16

企业是否需要强制执行老年人护理假？

Do employers need to enforce nursing leave for the elderly?

在广州地区，老年人护理假有规定吗？企业是否需要强制执行？

Are there any regulations on nursing leave for the elderly in Guangzhou? Do the employers need to enforce it?

2021.12.02

雇员以通知期终止雇佣合约，可否在通知期内放取年假？

If an employee terminates the employment contract by giving a notice period, may the employee take the annual leave during the notice period?

如雇员以通知期终止雇佣合约，雇员可否在通知期内放取年假？（香港地区）

If an employee terminates the employment contract by giving a notice period, may the employee take the annual leave during the notice period? (in Hong Kong)

2021.11.25

员工累计周末加班是否可以跨月调休？

May the accumulative overtime on weekends be treated as leave in lieu in next months？

公司在旺季时安排员工周末加班，在淡季时安排员工调休，但是员工本人不同意调休，要求支付加班费，公司是否可以强制安排员工调休？

The company arranges employees to work overtime on weekends during peak season while arranges them to leave in lieu on slack season. However, the employees themselves disagree with leaving in lieu and claim an overtime pay. May the company forcibly arrange employees to leave in lieu?

2021.09.29