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#11  Dec 21, 2012    email version

客观情况发生重大变化应如何认定

How to Identify Significant Changes in Objective Circumstances?

《劳动法》第26条和《劳动合同法》第40条均规定,劳动合同订立时所依据的客观情况发生重大变化,用人单位可以解除劳动合同。那么,“客观情况发生重大变化”应如何认定呢?

Article 26 of the Labor Law and Article 40 of the Labor Contract Law both stated that should the objective circumstances under the labor contract have been changed, the employing unit may dissolute the labor contract accordingly. So, how to identify “changes of objective circumstances under the labor contract”?

  • 销售人员业绩不达标,公司能否将其解雇?
  • Whether the Employer can fire the sales person who does not achieve his performance target?
  • 试用期后,销售人员业绩达不到销售管理制度以及员工确认的销售目标责任书,公司能否依据销售管理制度中“若连续三个月业绩不达标,公司将给予解除劳动合同处理并不予补偿”的规定与该员工解除劳动合同?
  • After the probation period, if the sales person fails to comply with the sales management rules or to achieve the sales target as confirmed by him, is the employer entitled to terminate the labor contract with the employee in accordance with the sales management rules which states that "the Employer is entitled to terminate the labor contract without any compensation if the employee fails to achieve the performance target for three consecutive months”?
雇佣动态 / Employment Express
  • 收入分配改革方案再延期

    The proposal for revenue distribution reform is delayed again

    从有关部门获悉,原计划在12月底出台的《收入分配体制改革总体方案》将再度延期。有报道称,《方案》或许要等到明年4月底全国人大会议闭幕后才能够公布实施。

    It is informed by relevant departments that the “General Proposal for Revenue Distribution Reform” which is scheduled to come out at the end of December 2012 will be further delayed. It was reported that the Proposal might be announced to be effective only after the close of the meeting of the People’s Congress at the end of April 2013.

  • 《上海市工伤保险实施办法》明年实施

    Shanghai Implementation Method of Work-related Injury Insurance will be implemented next year

    《上海市工伤保险实施办法》将于明年1月1日起施行。《办法》明确了用工单位、派遣单位的各自职责,将一次性伤残补助金计发基数调整为“本人工资”。

    The Shanghai Implementation Method of Work-related Injury Insurance will be effective on the 1st January 2013. The Method specifies the respective responsibilities of the dispatch entity and the service receiving entity and adjusts the base of the invalidity allowance to the “salary of the principal”.

  • 香港最低工资时薪加至30元

    The minimum hourly wage in Hong Kong is increased to 30 HKD

    香港特区政府日前宣布接纳最低工资委员会的建议,将法定最低工资由时薪28元增加至30元,预计明年5月1日生效,逾22.3万名打工仔有望获加薪。

    The HKSAR government announced its acceptance of the suggestion given by the Minimum Wage Committee to increase the minimum hourly wage from 28 HKD to 30 HKD. It is estimated that it will become effective on the 1st May 2013 and that over 223000 employees are expected to obtain wage increase.

  • 81%

    美世达信员工福利发布调研显示:81%的内地员工和71%的香港员工均对养老问题感到非常担忧。

    William Mercer Employee Benefit announced its investigation report: 81% of Mainland employees and 71% Hong Kong employees all worried about the retirement issue.

  • 2.5

    普华永道会计师事务所发布的《2011年中国企业长期激励调研报告》显示,中国中小企业的平均寿命仅2.5年,集团企业的平均寿命仅7~8年,与欧美企业平均寿命40年相比相距甚远。

    The audit firm Price Waterhouse Coopers published its report named Long Term Incentive of Chinese Enterprises Investigation Report, according to which the average life of smalland medium size Chinese enterprises is 2.5 years, the average life of group enterprises is only 7-8 years which has a big gap compared to the average life of 40 years for European and U.S. enterprises.

  • 84%

    加拿大一项调查显示,84%中国人认为自己被大材小用,排名世界第一。

    An investigation from Canada shows that 84% of Chinese people view that they are working in an environment where there is a prostitution of their talents, which ranks number one in the world.

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