1Each quarter, companies of all staff appraisal, scoring, then according to the final score of high rank, each department employee ranks the most at the end of the dismissal of the "last phase system" system, is legal?

 Answer: the labor contract is the employer and the employee through consultations on an equal footing after the signing, the signing of a shall have the legal effect, can not be the reason is not random or agreed unilaterally terminate the labor contract. The company implements the "elimination" is no legal basis, "elimination" and "not competent for the work can not be confused, because" at the bottom of the worker is not necessarily incompetent. "Incompetent" need to clear standards for enterprises have quantified, eliminated obviously does not meet the requirements of the standard.

2The company rules and regulations, internal staff are not allowed to fall in love, is legal?

Answer: the "labor contract law" the fourth stipulation: the employing units shall establish and perfect rules and regulations in accordance with the law, to ensure that employees enjoy their labor rights, fulfill labour obligations. The company rules and regulations within the company are not allowed to fall in love, it shall be unlawful, invalid. Fall in love is both parties free civil rights, the company has no right to interfere in the freedom of people fall in love.

3The rules and regulations of the company, provides only 70% of monthly wages, the rest at the end of an issue?

Answer: the rules and regulations of the company in violation of the mandatory provisions of the law. According to the "labor law" of the people's Republic of China stipulates clearly that fiftieth, wages shall be paid monthly to workers in the form of money I, shall not deduct or delay the wages of workers. Department of Labor issued the "breach and termination of labor contract and economic compensation" in article third has made detailed provisions, in which employers withheld or delayed payment of wages to labourers, and refusal to pay remuneration for extending the working time, in addition to pay full wages of workers in the prescribed time, also need to add economic compensation equivalent to wages twenty-five percent.

4, laborers from the unit fails to pay social insurance premiums may at any time resign?

Answer: "labor law" the seventy-second regulation, employers and workers must participate in social insurance, payment of social insurance premiums. Social insurance, is the national legislation through the establishment, the workers in their life, old, disease, unemployment, work injury and other difficulties, given the system material help, is the mandatory statutory duty, the employer must pay in accordance with the law. "Labor contract law" provisions of article thirty-eighth, the employer fails to pay social insurance premiums for the employee, the employee may rescind the labor contract at any time, without any responsibility. At the same time, "labor contract law" the forty-sixth regulation, the laborer in accordance with the thirty-eighth article of this law to terminate the labor contract, the employer shall pay the economic compensation to the laborer.

5Medical treatment period, employees may terminate the labor contract?

Answer: according to the "enterprise workers Yingongfushang illness or medical treatment period provisions", the employee is sick or non work related injury needs to stop work in medical, the employer should according to one's working life and in this unit work experience, given 3 months to 24 months period of medical treatment. Medical treatment period, according to the "Regulations on the implementation of the labor law '' opinions" and "Beijing labor contract" the Ministry of labor, the unit shall not terminate the labor contract, the labor contract shall continue until the expiration to the medical.

6Daily, weekend units shall make or shall pay double salaries?

Answer: the labor law, the worker work of the off day arrangements cannot arrange again fill rest, pay not less than two hundred percent wages. Visible, the rest day overtime, unit can be the first to make, in no case to make, pay not less than two hundred percent wages. Can say, the rest day overtime, is make or overtime pay, the decision in the unit, the staff only in the premise of unit is not off the arrangement, may require the unit to pay twice the salary.

7, "three stage" female worker is a serious violation of discipline may terminate the labor contract?

Answer: the company in case of serious violation of employees have the right to unilaterally terminate the labor contract. According to the "labor contract law" provisions of article forty-second, the employer shall not be based on "labor contract law" article fortieth, the provisions of article forty-first termination and "phase three" female worker labor relations, that is to say, because workers in the non fault (including medical treatment, incompetence, major change in the objective circumstances case) and economic layoff situation to the "three" special protection of female workers, may not terminate the labor contract. But if the "three" female worker serious violations, in violation of the "labor contract law" in article thirty-ninth, the company can according to terminate the labor contract.

8How to measure the discipline, serious?

Answer: the violation is serious, shall generally be required to specific limits of labor laws and regulations prescribed limits and with internal labor rules to limit unit shall prevail. Laws and regulations cannot and will not be detailed provisions, because all of the employing units were different, so how to define "serious violations" completely according to the provisions of internal rules and regulations.

9The unit needs to be saved, rescinded or terminated labor relations labor contract?

Answer: if you are just left the staff of the labor contract, the employer is not easily put away the labor contract. According to the "labor contract law" in article fiftieth, the text has been lifted or termination of the labor contract by the employer, at least two years for reference. This provision is also due to "provisions of the labor security supervision regulations": violation of labor and social security laws, regulations or rules of behavior in 2 years is not the administrative departments of labor security has not been found, report, complaints, the administrative departments of labor security no longer investigate.

10What, is standard working hours?

Answer: the standard man hour is the employer generally implement work time, work time is the basis of legislation. The provisions of article third in March 25, 1995 the State Council issued the "State Council regulations" on working hours, employees work 8 hours a day, working 40 hours a week. The employer uses the standard working hours, rest time to define, but must be consistent with the provisions of workers work 8 hours a day, working 40 hours a week.

11, senior management personnel shall not regular working hours system need to go through the formalities for approval?

A: shall not the timing of the general approval formalities shall be gone through in accordance with the provisions of the labor department "on the enterprises, not regular work system and comprehensive calculation of working hours of approval", but for the senior management personnel of enterprises are exceptions, "Beijing enterprises a comprehensive calculation of working hours and irregular working system" sixteenth rules: shall not regular work for senior managers in enterprises, need not go through the formalities for approval.

12The appointment system of institutions, the staff also applies to the "labor contract law"?

Answer: the personnel dispute arbitration commission is to solve their employment institutions and personnel disputes between workers organization. If laws, administrative regulations or the State Council to the personnel dispute settlement provisions, in accordance with the provisions, if there is no provisions of the people's Republic of China in accordance with the implementation of "labor dispute mediation and Arbitration Law".

13No, the competition restriction agreement agreed compensation is effective?

Answer: the labor contract is agreed in the competition restriction provisions, but as the clause is the laborer is in secret conservative the obligations of the company, did not contract workers should enjoy the rights, namely the right to compensation. Units in the resignation of employees did not pay any compensation, actually form the rights and obligations of both sides are not equal. Therefore not binding.

14The legal representative, the employer's change, whether the original labor contract is still valid?

Answer: the "labor contract law" the thirty-third stipulation: the change of name, legal representative, the main person in charge or investor shall not affect the performance of the labor contract. So as long as the same employer the qualifications of a legal person, no matter how the change of legal representative, the employer must fulfill all the obligations of the original contract.

15"A single leadership on subordinates, single evaluation can be identified as" incompetent standard?

A: the two sides in the labor contract has a clear agreement for jobs and wages, both sides should fulfill the. If the adjustment after the general written agreement can be negotiated. Employer unilaterally adjust must have the premise is incompetent or objective conditions change, should have sufficient evidence. If the company has no corresponding regulations describe the specific responsibilities of planning job, no evaluation system and corresponding standards, no provisions of post adjustment and salary program, is only a single evaluation led the people, it is not up to his work and lack of fairness and reasonableness. In judicial practice, single leadership on single subordinate evaluation as incompetent evidence is not acceptable.