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#103  Nov 14, 2014    email version

工伤保险最新司法解释解读

On the latest judicial interpretation of work-related injury insurance

从用人单位角度来说,必须意识到,只要与劳动者建立劳动关系,即使不对劳动者实际用工,也应承担工伤保险责任,甚至在不与劳动者直接建立劳动关系的情况下(违法分包关系、挂靠关系),也存在需承担工伤保险责任的法律风险。

From the employing units' point of view, they must realize that as long as labor relationship is established with workers, even if they do not use workers by themselves, they need to undertake work-related injury insurance liabilities; sometimes they also need to bear legal risks associated with work-related injury insurance liabilities even when they do not directly establish labor relations with workers (such as under illegal subcontracting and labor attachment relations).

  • 员工午休用餐时中风属于工伤吗?
  • Is it work-related injury if an employee had a stroke at lunchtime?
  • 工伤认定条件之一为:在工作时间和工作场所内,因工作原因受到事故伤害的;此外视同工伤的条件之一为:在工作时间和工作岗位,突发疾病死亡或者在48小时之内经抢救无效死亡的。
  • One condition for identifying work-related injury is accidents or damages suffered during working hours at workplace due to work-related reasons. Another condition may be deemed as equivalent to work-related injury: the worker suffers from sudden illness during working hours at workplace and dies suddenly or within 48 hours of rescue.
雇佣动态 / Employment Express
  • 人社部:三季度102城求职人数创5年新低

    Ministry of Human Resources and Social Security: Job Seekers in 102 Cities in Q3 Hit Five-Year Low

    人力资源和社会保障部近期公布的报告显示,全国102个城市今年第三季度求职人数仅为386万,处于2009年以来的最低水平。这说明市场求职人数呈现减少趋势。

    According to a report recently promulgated by Ministry of Human Resources and Social Security, the number of job seekers in 102 cities in the third quarter was only 3.86 million, lowest ever since 2009. This indicates that the number of people who want to be employed is on a decreasing trend.

  • 全国人大代表建议修订《劳动合同法》相关规定

    Deputies of National People's Congress Proposed to Revise the Labor Contract Law

    近日召开的十二届全国人大常委会第十一次会议上,百余名全国人大代表提出建议修改《劳动合同法》,全国人大财经委同意代表和相关部门对于修改欠薪责任追究方面条款的建议。

    The NPC Standing Committee has recently convened its eleventh meeting, on which over 100 members proposed to revise the Labor Contract Law. The NPC Financial and Economic Committee has agreed suggestions put forward by such deputies and relevant departments on revising provisions relating to the accountability of wage arrears.

  • 上海出台高校毕业生就业补贴新政

    Shanghai Introduced New Subsidy Program for Employment of College Graduates

    上海近日出台文件规定,符合条件的本市小型微型企业新招用普通高等学校毕业年度本市户籍学生,签订1年以上劳动合同,可申请社会保险补贴。

    According to a document recently issued by Shanghai, Shanghai-based small and micro enterprises can apply for social insurance subsidies if they recruit fresh college graduates whose Hukou is in Shanghai and sign a labor contract with a term of more than 1 year with such graduates.

  • 深圳人社局:减少职业资格许可和认定

    Shenzhen Municipal Human Resources and Social Security Bureau: Reducing Licensing and Certification of Occupational Qualifications

    深圳市人力资源和社会保障局近日宣布,已在全市范围内开展减少职业资格许可和认定工作,对于地方自行设置的准入类和水平评价类职业资格将予以取消。

    Shenzhen Municipal Human Resources and Social Security Bureau recently announced that it has initiated the work to reduce the licensing and certification for occupational qualifications within the city. Access-type and evaluation-type qualifications whose standards are set independently by each region will be cancelled.

  • 天津出台《工伤劳动能力鉴定医疗卫生专家管理办法》

    Tianjin Promulgated the Management Regulations on Health Experts for Labor Capability Appraisal of Work-related Injury

    天津出台《工伤劳动能力鉴定医疗卫生专家管理办法》规定,建立重大级别鉴定工作市级复核制度,聘请部分资深专家作为主任级专家和首席专家,对伤残较重、鉴定级别较高的鉴定结论进行复核会商。

    Tianjin has promulgated the Management Regulations on Health Experts for Labor Capability Appraisal of Work-related Injury. According to the document, the municipal-level review system will be established for the appraisal of major work-related injuries, while senior experts will be hired as the director-level expert and chief expert to review and consult on the appraisal conclusions for severe injuries or cases that have been appraised at a high disability level.

  • 8%

    根据人力资源顾问机构ECA公布的2014/2015年薪水趋势调查报告显示,明年中国企业的平均加薪幅度预计将达8%,加息幅度将跻身于全球前列。

    The Salary Trend Report 2014/2015 released by the human resources consultancy ECA shows that, Chinese enterprises are expected to increase salary by 8% on average, among first ranks in the world.

  • 7%

    近日公布的一份薪酬报告显示,今年上海应届生月薪,博士生为8692元,硕士生为5899元,本科生3900元,大专生3242元,应届生总体薪酬较去年高出7%-8%。

    According to a recently released remuneration report, this year, the monthly salary of graduating doctorates, masters, bachelors, and associate-degree holders of Shanghai is RMB 8692, RMB 5899, RMB 3900, and RMB 3242, respectively, rising by 7%-8% in general compared with last year.

  • 10

    广州市住房公积金管理中心的数据显示,截至目前,该中心的贷款审批系统中,待审批贷款笔数有10100笔,涉及金额49.63亿元。但截至9月底,广州公积金贷款额度仅剩5.21亿元,缺口近10倍。

    Data of Guangzhou Municipal Housing Provident Fund Management Center show that, as of now, there are still 10100 loans to be reviewed and approved in its loan approval system, involving an amount of RMB 4.963 billion. However, as of the end of September, the available credit of its housing provident fund only remained RMB 521 million, with an almost 10 times gap.

  • 1.3万亿

    据中国社科院世界社会保障中心主任郑秉文测算,基本养老保险在过去20年来的损失量化后分别为:以通胀率作为基准,贬值将近千亿元;以社会平均工资增长率作为参照,福利损失将高达1.3万亿元。

    According to the estimation of Zheng Binwen, Director of World Security Center, Chinese Academy of Social Sciences, the loss of basic endowment insurance in the past 20 years can be quantified as follows: the insurance has devaluated by nearly RMB a hundred billion if benchmarked on the inflation rate, and has lost as high as RMB 1.3 trillion if referring to the social average wage growth rate.

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