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#111  Jan 16, 2015    email version

“末位调岗制度”是否合法?

Is the "last place transfer system" legal?

末位淘汰制度是有风险的,最后一名不代表不合格。那么如何控制法律风险呢?关键在于把握胜任与不胜任的界定问题,即胜任的标准。

Last place elimination system is risky, as the last place does not mean incompetence. How should legal risks be controlled then? The key is to grasp the boundary between competence and incompetence, i.e., standards of competence.

  • 如何与绩效不佳的员工解除合同?
  • On terminating labor contract with underperforming employees
  • 通过不胜任岗位工作解除合同的整个过程,需要花大量精力收集员工不胜任工作的证据及注意流程管理,在日常管理中,建议用人单位寻找机会与员工协商解除。
  • It takes great efforts to collect evidences on the employee's incompetence and the company needs to pay great attention to process management to terminate the labor contract on the ground of incompetence. In daily management, employing units are recommended to terminate the labor contract by negotiating with the employee.
  • 未开始用工,解除劳动合同需否补偿?
  • Whether the company needs to pay compensation for labor contract termination when employment has yet started
  • 尚未形成用工关系的,暂不受相关劳动法规的约束,无需支付经济补偿。但是,解除劳动合同违背了《民法》上的诚实信用原则,需要承担缔约过失的相关责任。
  • Given that your company has only signed the labor contract with Mike but has not yet formed labor relations, so you are not bound by relevant labor laws and therefore do not need to pay economic compensation. However, your dissolution of the labor contract is clearly contrary to the principle of good faith as prescribed under the Civil Law, so you need to pay appropriate compensation to Mike for breach of contract.
雇佣动态 / Employment Express
  • 人社部:将适时适当下调社保费率

    Ministry of Human Resources and Social Security: the rate of social insurance contribution will be lowered at appropriate time

    近日有媒体称中国社会保险费率全球第一,人社部有关负责人对此回应道,今后,社保费率将适时适当下调,以有效平衡国家、单位和个人的负担。

    Recently, some media reported that China's rate of social security contribution is the highest in the world. As a response, the related person in charge of this work in the Ministry of Human Resources and Social Security said that the rate would be lowered properly at appropriate time in the future, so as to effectively balance the burden between the nation, entity and individual.

  • 住房公积金用途拟多元化

    The usage of housing provident fund will be diversified

    据报道,住房和城乡建设部已经基本完成了《住房公积金管理条例》修订的有关工作,并已形成修订草案稿。在用途方面,既包括允许住房公积金用于发放保障性安居工程长期建设贷款,也包括个人提取使用住房公积金用途的多元化等。

    It is reported that the Ministry of Housing and Urban-Rural Development has completed the amendment of the Regulation on Management of Housing Provident Fund, and formulated a revised draft of it. In respect of usage of the fund, it may be used for issuing the long-term loan for construction of house for low-income people, and, it may also be withdrawn by individual for other purposes.

  • 四部门下发通知:重拳打击欠薪犯罪

    Four departments issued notice: striking the crime of back pay

    人社部与最高人民法院、最高人民检察院、公安部联合下发了《关于加强涉嫌拒不支付劳动报酬犯罪案件查处衔接工作的通知》,要求切实有效发挥刑法打击拒不支付劳动报酬犯罪行为的作用。

    The Ministry of Human Resources and Social insurance, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued a Notice on Improving the Work of Striking the Crime of Back Pay, requiring that the criminal law should be fully and effectively applied to strike the crime of refusing to pay labor remuneration.

  • 上海市集体合同条例修正案提交人大常委会审议

    The amendment to the Regulation of Collective Contract of Shanghai has been submitted to the Standing Committee of the People's Congress for review

    《上海市集体合同条例修正案(草案)》近日提交审议。草案新增、列举了开展集体协商过程中企业和职工双方不得采取的行为,也兼顾了企业方和职工方的利益。

    The amendment to the Regulation of Collective Contract of Shanghai (Draft) was submitted recently. The amendment added and listed some acts prohibited during collective bargain between employer and employees. It also took the interests of the two sides into consideration.

  • 广东:允许用职工医保买商业险

    Guangdong: commercial insurance may be purchased using employee's medical insurance account

    广东省近日公布《关于加快发展现代保险服务业的实施意见》,其中指出,有条件的地区可按照自愿的原则,允许使用职工医保个人账户一定比例余额购买商业健康保险。

    Guangdong Province recently released Opinions on Improving Development of Modern Insurance Service, indicating that the regions with necessary conditions may voluntarily allow employee to purchase commercial health insurance using the balance in his/her medical insurance account.

  • 40000

    国内人力资源数据调查机构众达朴信的《2014-2015年企业年终奖特别调研报告》显示,今年84.3%的企业会发放年终奖,而互联网金融行业以平均年终奖近四万的高额度引领各行业。

    PXC, a domestic agency for HR data survey released a Special Survey Report of Employer's Year-End Bonus for 2014-2015, showing that 84.3% of employers will issue year-end bonus this year, and the bonus in the sector of Internet Banking will almost reach 40000, which is the highest among various industries.

  • 40%

    全球咨询公司合益集团近日的调查显示,将近1/3的员工认为,他们的管理者没有将团队的目标有效传达出来;超过40%的报告显示,员工们没有从他们的管理者那里收到过关于如何做好工作的明确而正式的回答。

    A survey made by Hay Group, a global consultancy, shows that nearly 1/3 employees think that their managers fails to convey team's goal effectively, and over 40% think that they fails to receive any explicit and formal response from their managers on how to fulfill tasks.

  • 68.71%

    一份针对上海地区2014年应届毕业生外资企业就业的调研报告显示,68.71%的受访大学生表示愿意去小微企业工作,且理工科的学生愿去小微企业工作的高于文科生。

    A survey report on this year's graduates working in foreign invested companies in Shanghai in 2014 shows that 68.71% of the graduates interviewed are willing to work in small- and micro-businesses, most of whom are from science and engineering majors instead of liberal arts.

  • 8312

    赶集网日前发布《2014年O2O自由职业者分析报告》,报告显示O2O自由职业者的平均税前月收入达8312元。税前个人月收入高于5000元的O2O自由职业者占68%。

    Ganji.com recently released an Analysis Report on O2O Freelancers in 2014, showing that their average pre-tax monthly salary reached 8312 yuan. The O2O freelancers whose average pre-tax monthly salary is higher than 5000 yuan account for 68%.

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