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#141  Sep 11, 2015    email version

企业高级管理人员的劳动争议

Labor disputes of corporate senior executives

从公司法的角度,企业有权解除员工的董事职位和总经理职务;但是从劳动法的角度来看,企业则不能随意解除员工的劳动合同。

From the perspective of the Company Law, the company is entitled to lift the director and general manager titles, but from the perspective of the labor law, the enterprise cannot randomly terminate the labor contract with an employee.

  • 年休假到底怎么休?
  • How should the annual leave be applied?
  • 安排年休假的时间段为法定,公司不能自由设定。应当按照公历年度,即1月1日至12月31日操作。
  • The time frame of annual leave is specified by relevant laws, and the company has no right to adjust by itself. The annual leave shall be arranged within a calendar year i.e. from Jan. 1 to Dec. 31.
  • 离职员工的年终奖,如何计发?
  • How to calculate and distribute year-end bonus of separated employees?
  • 如果年终奖金必须是建立在全年考评的基础上,工作不满全年无法获得某些考评的数据,即员工的情形尚达不到发放条件的,则不予发放奖金是会被认为合理的。
  • If year-end bonus must be based on annual performance appraisal and certain appraisal data cannot be obtained for employees who fail to work for one full year, i.e., employees whose length of service fails to meet the condition for distribution of year-end bonus, it will be justified if no year-end bonus is granted to such employees.
雇佣动态 / Employment Express
  • 住建部:二套房公积金贷款首付降为两成

    The Ministry of Housing and Urban Development: The down payment of the housing provident fund loans for the second house dropped to 20%

    住建部近日发布通知,对拥有1套住房并已结清相应购房贷款的居民家庭,为改善居住条件再次申请住房公积金委托贷款购买住房的,最低首付款比例由30%降低至20%。北京、上海、广州、深圳可在国家统一政策基础上,结合本地实际,自主决定。

    The Ministry of Housing and Urban Development recently announced that the minimum down payment proportion for the resident households who have settled the corresponding purchasing loans of the first house and again apply for the housing provident fund entrusted loans to purchase the second house to improve the housing conditions dropped to 20% from 30%, and Beijing, Shanghai, Guangzhou and Shenzhen can make decisions in combination with the local actual conditions on the basis of the national unified policy.

  • 人社部:今年下半年将启用新版职业资格证书

    The Ministry of Human Resources and Social Security: To start using the new edition professional qualification certificate in the second half of this year

    人社部近日对技能人员职业资格证书进行了改版。今年下半开始启用新版职业资格证书,旧版职业资格证书自2016年9月1日起停止使用,不再办理和核发。

    The Ministry of Human Resources and Social Security recently revised the professional qualification certificates for skilled personnel. In the second half of this year, the new edition professional qualification certificate will be used, and the old professional qualification certificate will be disused from September 1, 2016, not to be issued any more.

  • 北京:不裁员企业可申请稳岗补贴

    Beijing: Enterprises without downsizing can apply for the job stability subsidy

    北京市人社局日前发布通知,在京注册的企业只要采取有效的措施保证不裁员或少裁员,就可以申请稳定岗位补贴,补贴标准为本单位失业保险费总额的40%。

    Beijing Municipal Human Resources and Social Security Bureau recently made an announcement that Beijing registered companies that take effective measures to ensure no-layoff or reduction of layoffs can apply for the job stability subsidy and the subsidy is 40% of the total unemployment insurance expense of the company.

  • 上海:单位不得在医疗期内解除劳动合同

    Shanghai: Units are not allowed to terminate the labor contract during the medical treatment period

    上海日前出台“医疗期”标准:医疗期是指劳动者患病或非因工负伤停止工作治病休息,单位不得因此解除劳动合同的期限。

    Shanghai recently issued the standards of the “medical treatment period”: The medical treatment period refers to the duration in which companies are not allowed to terminate the labor contract of employees who stop working for treatment and rest due to illness or non-work-related injuries.

  • 广东取消42项职业资格证

    Guangdong cancels 42 professional qualification certificates

    广东省人社厅近日发布消息,经省政府批准,广东再取消了42项自行设置的职业资格,其中专业技术类8项,技能类34项。

    Guangdong Provincial Human Resources and Social Security Department recently released a piece of information that approved by the provincial government, Guangdong again canceled 42 professional qualifications that it set by itself, including 8 professional skill qualifications and 34 skill qualifications.

  • 3.25%

    广州住房公积金管理中心日前发布通知,即日起,相应调整住房公积金存贷款利率。其中5年期以上公积金贷款利率由3.50%下调到3.25%,这已经是公积金贷款历史上的最低水平。

    Guangzhou Housing Provident Fund Management Center recently made an announcement that the corresponding adjustment for the deposit and loan interest rate for the housing provident fund will be made from now on. The loan interest rate of the housing provident fund of more than 5 years is dropped to 3.25% from 3.50%, which has been the lowest level in the history of housing provident fund loans.

  • 53%

    咨询公司万宝盛华近日发布的2015年第四季度雇佣前景调查结果显示,中国大陆地区雇主的招募意愿不强,53%的中国雇主表示这一季度员工数量将不会变化。

    Manpower recently released the 2015 Q4 employment anticipatory survey result showing that Chinese mainland employers’ recruitment intention is not strong and 53% Chinese employers expressed the number of employees will not be changed in this quarter.

  • 62%

    FT 中文网最近的一项调查显示,2015 年,中国白领人士的收入信心指数为77.5,处于较高水平。62% 的被访者相信在未来12 个月工资将有所上涨,其中37% 的被访者表示收入增幅在15% 以内,而35% 认为收入增幅会超过15%。

    A recent survey from www.ftchinese.com showed that the income confidence index of Chinese white collars is 77.5 in 2015, staying at a higher level, and 62% respondents believe that their salary will rise up in the future 12 months, of which, 37% respondents expressed their income growth is within 15% and 35% thought their income growth will exceed 15%.

  • 5%

    社交网站领英中国最近的一项调查显示,90后初入职场的平均起薪比80后低300元,有创业想法的比例却比80后高5个百分点。

    The social website LinkedIn China recently released a survey showing that the average starting salary for the post-90s who just entered the workplace is RMB300 lower than the post-80s, but the proportion of those who want to start up their own business is 5 percentage points higher than the post-80s.

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