HOME    |    FAQ    |    COLUMN    |    PAST ISSUES

COLUMN

#110  Jan 09, 2015    email version

分支机构用工中的法律问题

Legal issues relating to employment of branch offices

分支机构不具有独立的法人资格,不能独立承担民事责任,那么分支机构能否作为独立的用工主体呢?

Since a branch does not have independent legal person status and cannot undertake civil liabilities, can it act as an independent subject of employment?

  • 用人单位单方解除劳动合同的法律风险把控
  • Legal risk control in dismissal by the employing unit
  • 无论是否通过猎头招聘的员工,均应在入职或者面试时本人填写基本信息登记表,并在表内设计承诺条款,这是日后判断员工是否有欺诈的重要途径。
  • Employees with or without recommendation by the recruitment firm should, fill in the Registration Form of Personal Information at the time of recruitment or during the interview. It is also recommended to set up undertaking clauses in the Form. This is an important way to determine whether the employees have committed fraud.
  • 裁员解雇的法律风险把控
  • Legal risk control in dismissal of redundancy
  • 如果用人单位裁减人员较多,一般情况下,不能仅依据客观情况变化与员工解除劳动合同,否则会有违法裁员的风险。
  • If the number of layoff employees in the employing unit is large, under normal circumstances, it is not reasonable to dissolve the labor contract with the employees according to objective circumstances, or otherwise there will be risk for illegal dismissal of redundancy.
雇佣动态 / Employment Express
  • 人社部就《企业裁减人员规定》公开征求意见

    Ministry of Human Resources and Social Security solicits public opinions for the Regulation on Employer's Reduction of Its Employees

    人力资源和社会保障部近日对外公布《企业裁减人员规定(征求意见稿)》。该意见稿明确禁止裁员的六种范围,其中包括孕期女职工、在本单位患职业病的职工及“在本单位连续工作满15年,且距法定退休年龄不足5年的”等。

    The Ministry of Human Resources and Social Security recently promulgated the Regulation on Employer's Reduction of Its Employees (exposure draft). This draft explicitly prohibits employer from laying off six types of employees, including those who are pregnant, or suffer occupational disease during service for such employer, or serve the employer for 15 consecutive years and are less than 5 years away from his/her legal retirement age.

  • 三部委:明年起省内异地医保可直接结算

    Three Ministries: the expenses of medical treatment at different place within a province may be settled directly under the medical insurance system from the next year

    人社部、财政部、卫计委近日联合印发了《关于进一步做好基本医疗保险异地就医医疗费用结算工作的指导意见》,透露明年将基本实现地市和省(区、市)范围内异地就医住院费用的直接结算。

    The Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health and Family Planning Commission recently jointly released a Directive for Further Improving Settlement of Expenses of Medical Treatment at Different Place under Basic Medical Insurance System, stating that the expenses of medical treatment and hospitalization at different place within a city and province (district, city) may be settled directly under the medical insurance system from the next year.

  • 人社部:建筑业农民工将被纳入工伤保险

    Ministry of Human Resources and Social Security: work-related injury insurance will cover rural migrant workers in construction sector

    人力资源和社会保障部日前发文,要求建筑施工企业对企业固定职工要按用人单位方式参加工伤保险;对不能按用人单位参保的用工特别是农民工,可以按建设项目方式参保,并可在各项社保中优先办理参加工伤保险手续。

    The Ministry of Human Resources and Social Security issued a document recently, requesting that the construction company should enter the work-related injury insurance system as an employer for its regular employees. For those employees who cannot participate in social security system in this way, the insurance may be arranged in the name of construction project, and the formalities of work-related injury insurance should be completed firstly.

  • 广东:半数职工要涨薪 企业必须要回应

    Guangdong: employer must make response to employees' demand for increase of salary if more than half of its total employees do so

    新修订的《广东省企业集体合同条例》今年1月1日起实施,新规充实细化了集体协商,规定半数以上职工提出涨薪等集体协商要求,企业方就必须作出回应。

    The newly amended Regulation of Collective Contract of Guangdong Enterprises was implemented as of Jan. 1st this year. The new regulation gives more details on collective bargaining, stipulating that employer must make response to employees' demand for increase of salary if more than half of its total employees do so.

  • 深圳:劳务派遣将建立诚信档案

    Shenzhen: credit archives will be established for labor dispatch

    近日公布的《深圳劳务派遣单位监管办法》规定,将建立劳务派遣单位、用工单位和被派遣劳动者数据库和电子诚信档案,出现违规行为者将被列入“黑名单”。

    A recently released Regulation on Management of Labor Dispatch Entities in Shenzhen stipulates that databases and electronic credit archives will be established for labor dispatch entities, employers and dispatched employees, among whom, the violators will be blacklisted.

  • 120万

    北京住房公积金管理中心日前宣布,购买政策性住房或套型建筑面积在90平方米(含)以下的首套自住住房,住房公积金个人贷款最高额度将从80万元上调至120万元。

    Beijing Housing Accumulation Funds Management Center announced recently that the upper limit of personal loan based on housing accumulation funds was increased from 0.8 million to 1.2 million in case of borrower's purchasing of policy-related house or his/her first house equal to or less than 90 square meters of building area.

  • 4.25%

    广州市住房公积金部门早前宣布5年期以上贷款利率由4.5%下调至4.25%。新规从今年1月1日起施行。

    Guangzhou Housing Accumulation Funds Management Department announced recently the interest rate for the loan of more than 5 years was reduced from 4.5% to 4.25. This new regulation was implemented as of Jan. 1st this year.

  • 9600

    湖南新近出台鼓励就业创业的税收收费政策。根据政策,持就业失业登记证,从事个体经营的人员,在3年内按每户每年9600元限额一次扣减其当年实际应缴纳的各种税。

    Hunan releases its tax policy for encouraging employment and establishing new business According to such policy, those who have unemployment registration certificate and engage in self-employed business may exempted each year from the taxes up to 9600 yuan to be paid for 3 years.

  • 70%

    一份报告显示,科技行业招聘已经达到了一个前所未有的级别。75%的招聘人员表示,和2014年后六个月相比,2015年的招聘人数将会更多,而且预计比2014年六月的招聘数量提高70%。

    A report shows that the recruitment in technology sector has reached an unprecedented level. 75% of the recruiting personnel say that, compared with the second half of 2014, they will recruit more in 2015, which may be increased by 70% than the quantity in June 2014.

Past Issues