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#114  Feb 06, 2015    email version

不胜任下的调岗调薪,需要注意哪些问题?

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

与不胜任处理配套的制度,一般要具有哪些条款规定?不胜任下的调岗调薪,需要注意哪些问题?对于特殊员工,不胜任管理上要注意什么?

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

    住房城乡建设部等部门近日联合出台新规定,放宽职工提取住房公积金支付房租条件。其中包括取消房租支出占家庭收入比例的限制,不需提供完税证明和租赁合同备案。

    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

    《税收征收管理法修订草案(征求意见稿)》在国务院法制办征求意见截止。意见稿中明确,今后,税务部门将按照国家标准为企业、公民等纳税人编制唯一且终身不变的确认其身份的数字代码标识。

    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

    安徽省高院近日出台意见对劳动争议案件的审理作出明确规定。用人单位的规章制度规定绩效考核末位淘汰,并以此为由单方面解除劳动合同的,法院应依据相关法律规定对劳动者是否能胜任工作进行审查。

    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

    云南省人力资源和社会保障厅等多部门近日联合下发文件,加大拒不支付劳动报酬的打击力度,对用人单位或个人拒不支付劳动报酬的将视情节立案追究刑责。

    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

    求职网站Glassdoor近日发布了最新的北美职场调查报告——《2015年美国最好的工作》,列出25个最热门的工作,其中IT类占据十个席位,在所有行业中一枝独秀。Glassdoor的职业排名系数主要有三大并重的指标:收入潜力、职业发展机会以及招聘规模。

    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

    自今年3月1日起,深圳全日制就业劳动者月最低工资标准提高至2030元,非全日制就业劳动者小时最低工资标准提高至18.5元。

    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%

    一项针对201个中国企业招聘人员的调查报告发现,68%认为求职网站是他们招聘员工的最主要渠道,其次是员工内部推荐(38%)、外包猎头公司(28%)和校招项目(27%)等。

    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%

    清华大学最近发布的中国创业观察报告现实,31.1%的被访90后觉得自己愿意在未来3年内创业。其中30.2%的90后认为自己已经具备创业能力,这一比例低于80后的(41.7%)。

    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

    中华全国总工会法律工作部部长郭军近日透露,中国总体就业规模不断扩大,从1994年至2014年10月底,中国城镇就业人员从18653万人增长到39422万人。

    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.

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