HOME    |    FAQ    |    COLUMN    |    PAST ISSUES


#144  Oct 10, 2015    email version


Analysis of provisions on implementing the Labor Contract Law (draft for comments) (I)


Since the Labor Contract Law was issued and implemented seven years ago, there have been many voices in all circles. The Supreme People’s Court has issued two judicial interpretations on labor disputes. The latest Provisions on Implementation of Labor Contract Law (Draft for Comments) issued by Ministry of Human Resources and Social Security of PRC causes a stir.

  • 员工所有信息的隐瞒和造假都算合同欺诈吗?
  • Can all the employee’s information concealing and fraud be taken as contractual fraud?
  • 欺诈的构成需要以欺诈者有告知义务为前提。用人单位的知情权范围应限制在与劳动合同直接相关的信息范围中(看是否为劳动者履行劳动义务所必需),应聘者对于用人单位超出相关信息的不当询问有权沉默。
  • The constitution of fraud should be on the premise that deceivers have the informing duty. The range of the employer’s right to information should be limited within the information range directly related with the labor contract (whether it is necessary for laborers performing labor obligations), and applicants have the right to keep silent to employers’ inappropriate questions beyond related information.
  • 这样的协议算不算劳动合同?
  • Can this agreement be considered as the labor contract?
  • 如果双方是劳动关系,协议的内容是双方关于劳动关系履行中的权利义务的约定,如工资、工作内容等,那么这就是一份劳动合同,即使协议的名称叫“劳务协议”、“聘用协议”、“雇佣协议”、“岗位协议”或者其它名称。
  • If the two sides are in the labor relation and the content of the agreement is the agreement of both parties about the rights and obligations in the labor relation fulfillment, this would be a labor contract, even the agreement is named “labor agreement”, “employment agreement”, “engagement agreement”, “post agreement” and other names.
雇佣动态 / Employment Express
  • 公积金异地贷款10月8日起执行

    The housing provident fund loans to be used in different places from October 8


    Recently, the Ministry of Housing and Urban-Rural Development, the Ministry of Finance and the People’s Bank of China made an announcement requiring practically enhancing the use efficiency of the housing provident fund. The announcement will be implemented from October 8.

  • 24省份出台户籍制度改革方案降低落户门槛

    24 provinces issue the household registration system reform scheme to lower the settlement threshold


    So far, there have been 24 provinces issuing the household registration system reform scheme nationwide. Seen from the comprehensive schemes in different provinces, establishing the residence permit system becomes the “standard configuration” in different places. Some cities lowered the settlement threshold and megacities generally proposed to “set up the credit settlement system”.

  • 社保基金条例有望近期颁布

    The regulations for the social security fund expected to be promulgated recently


    In the near future, the State Council will officially issue the Regulations for the National Social Security Fund. After the issue of the Regulations, it will become the system and standard foundation of the pension investment together with the Administrative Methods for the Investment of the Basic Pension Insurance Funds.

  • 新《上海市集体合同条例》10月起施行

    The new Shanghai Collective Contract Regulations to take effect from October


    The revised Shanghai Collective Contract Regulations will take effect from October 1, 2015, which stipulates that for enterprises that refuse or delay collective negotiation without justified reasons, the city, district and county federation of trade unions can make the rectification opinions; for those who refuse to make rectification, the information will be brought into the municipal public credit information service platform in accordance with related provisions.

  • 重庆为城市认同感最高城市

    Chongqing has the highest sense of city self-identity


    Sun Yat-sen University Big Data Dissemination Laboratory released the first Chinese Megacity Self-Identity Sense Survey Report showing that among the 7 megacities surveyed, the three cities with the highest sense of self-identity are Chongqing, Shanghai and Guangzhou respectively.

  • 18.7


    The Ministry of Human Resources and Social Security recently released the hourly and monthly minimum salary standard situations in different regions nationwide. By September 28, Beijing topped the list by the hourly minimum salary standard of RMB18.7 per hour.

  • 61.66%


    Recently, a domestic third-party social security institution issued the Chinese Enterprise Social Security White Book showing that 61.66% of companies failed to pay for social security according to the practical ratification of staff salaries in China and 24% companies paid according to the salary minimum base.

  • 2200


    A study shows that Chinese workers work for 2, 000-2, 200 hours averagely per year; by contrast, OECD’s data shows that British people’s average working time was 1, 677 hours last year.

  • 0.75%


    According to the decision of the executive meeting of the State Council, starting from October 1, the average rate of the work-related injury insurance will be dropped to 0.75% from 1%; the benchmark rate level will be refined according to the risk degree of the industry; units (enterprises) will appropriately raise or lower the rate according to the work-related injury occurrence rate.

Past Issues