HOME    |    FAQ    |    COLUMN    |    PAST ISSUES


#114  Feb 06, 2015    email version


What should be noted in post transfer and remuneration adjustment under incompetence?


What provisions and regulations should be specified for the system matching incompetence? What should be noted in job transfer and remuneration adjustment under incompetence, and in the management of incompetence for special employees?

  • 经济补偿方案如何确定?
  • How should the plan of economic compensation be determined?
  • 补偿方案应当符合法律规定。这是最起码的要求,如果补偿方案还存在违法之处,那等于授人以柄,在协商谈判过程中,单位将会非常被动。因此,从计算基数,到计算年限,都要依法确定,避免纠纷。
  • The plan should comply with legal provisions. This is the minimum requirement. If the plan of compensation is illegal, employer will stay in a very disadvantage position in negotiation. So, both the base and the years of calculation should comply with legal requirements, thus avoiding disputes.
  • 经济补偿的计算基数问题
  • The base for calculation of economic compensation
  • 经济补偿金的计算基数涉及到的是员工离职前十二个月的“应得”工资,也就是我们常说的税前工资,具体来讲,就是员工实得工资加上之前扣除的社会保险、公积金等的个人部分,再加上个人所得税,这些数值之和,才是经济补偿金的计算基数。
  • The base for calculation of economic compensation is employee's gross pay in the twelve months prior to resignation, namely, employee's pre-tax salary, which covers employee's actual salary, social security contribution, housing provident fund, and individual income tax. The sum of all of these values should be the base of economic compensation.
雇佣动态 / Employment Express
  • 住建部:职工提取住房公积金支付房租条件放宽

    Ministry of Housing and Urban-Rural Development: the conditions for employee to withdraw housing provident fund to pay house rent are enlarged


    Several departments including the Ministry of Housing and Urban-Rural Development recently issued a regulation, enlarging the conditions for employee to withdraw housing provident fund to pay house rent. The regulation lifts the restriction of proportion of house rent to family income, as well as provision of tax-paying proof and rent contract for filing.

  • 国家拟为个人编制“税号”

    The state plans to assign "tax number" to individual


    The Legislative Affairs Office of the State Council ceases taking advice for the Law on Imposition and Management of Taxation (exposure draft). The draft makes it clear that the tax department will, as per relevant state standards, establish and assign a sole numerical code to each enterprise and individual tax-payer, which will be unchanged for their entire life.

  • 安徽:“末位淘汰”不合法

    Anhui: the system of dismissing last-position employee is illegal


    The Higher People's Court of Anhui Province recently released a regulation, clarifying some issues related to the hearing of labor dispute case. In case employer establishes the system of firing last-position employee and, on this ground, unilaterally cancels labor contract with him/her, the people's court will verify such employee's competence pursuant to relevant laws and regulations.

  • 云南:拒不支付劳动报酬将视情节立案追究刑责

    Yunnan: employer will be investigated for criminal liabilities in case of refusal to pay remuneration


    Several departments including Yunnan Human Resources and Social Security Department recently issued a document, further enhancing the punishment for employer's refusal to pay remuneration. Employer will be investigated for criminal liabilities in case of refusal to pay remuneration.

  • IT成2015年美国最热门行业

    IT will become the hottest sector in US in 2015


    Glassdoor, a recruitment website, recently issued the Best Jobs in US in 2015, an updated survey report of job market in North America. The report listed 25 hottest jobs, among which, IT sector occupied 10, taking the leading place in all sectors. The job ranking system of Glassdoor encompasses three major indicators: prospect of income, opportunities of career development, and number of recruitment.

  • 2030


    From March 1st of this year, the minimum monthly wage standard of the full-time employees in Shenzhen will be raised to 2030 yuan, and the minimum standard of hourly wage of the part-time employees will be raised to 18.5 yuan.

  • 68%


    A survey report of 201 Chinese employers finds that 68% of them regard recruitment website as their major channel of recruitment, and then internal recommendation by employees (38%), outsourcing headhunters (28%) and campus recruitment program (27%) etc.

  • 31.1%


    A survey report of Entrepreneurship in China issued by Tsinghua University shows recently that 31.1% of the interviewed people born after 1990 intend to establish their own business within 3 years. 30.2% of them think that they are capable of doing so. This rate is lower than those born after 1980 (41.7%).

  • 39422万


    Mr. Guo Jun, Director of the Legal Department of All China Federation of Trade Unions said recently that the scale of employment in China was enlarged continuously. From 1994 to the end of Oct. 2014, the quantity of employees in China's urban area was increased from 186.53 million to 394.22 million.

Past Issues