HOME    |    FAQ    |    COLUMN    |    PAST ISSUES

COLUMN

#151  Nov 27, 2015    email version

劳务派遣用工转换

Labor dispatching conversion

新法对劳务派遣采取抑制的态度,对劳务派遣的适用岗位及比例已经做出明确的规定并已经颁布实施,短时间内不存在修订或废止的可能。

The new law takes a repressive attitude toward labor dispatching by expressly defining applicable posts and their proportion; since it has been promulgated and enacted, there is no way it will be revised or abolished within any short period of time. If companies do not make adjustments within the statutory period of time, they will surely be investigated and penalized by labor and administrative departments.

  • 奖金支付条件约定在司法中的效力
  • Validity of agreement on bonus payment conditions in juridical practice
  • 合理度的解析只要公司制度的制定流程合法或与员工书面确认,不与强制性法律相冲突,法律就应当尊重公司的自治权益,认定规章制度是合理的。
  • As to the interpretation of reasonability, if the process applied by a company to formulate its rules and regulations is legal or confirmed by its employees in writing, which does not conflict with any mandatory laws, the autonomous rights and interests of the company shall be respected, and the rules and regulations formulated by the company shall be deemed as reasonable.
  • 离职后关于“年终奖”的纠纷
  • Year-end bonus dispute after resignation
  • 企业应慎重对待年终奖相关约定及制度安排,综合考虑企业盈利状况、个人贡献以及未来预期等各种因素,合法、合理地安排相关制度内容,并按照已有约定或规定如实履行,这样才能避免潜在的劳动争议风险。
  • Enterprises should place great importance on policy making and agreements relevant to the year-end bonus. This may be through comprehensively considering factors such as profit margins, personal contribution and future predictions, in addition to generating lawful, reasonable and relevant policies. As a result of sound year-end bonus policies, enterprises may avoid potential labor dispute risks.
雇佣动态 / Employment Express
  • 人社部表示适时提出修改劳动合同法建议

    The Ministry of Human Resources and Social Security proposes to revise the Labor Contract Law in due time

    人力资源和社会保障部日前透露,将继续研究修改劳动合同法相关工作,适时向全国人大提出修法建议。

    The Ministry of Human Resources and Social Security recently revealed that it will continue to research the revision of the Labor Contract Law and put forward the law revision suggestion to the National People’s Congress in due time.

  • 《住房公积金管理条例(修订送审稿)》公布

    Regulations on the Management of Housing Provident Fund (the revised draft for examination) made public

    国务院法制办20日向社会公开发布《住房公积金管理条例(修订送审稿)》。根据送审稿,住房公积金的提取条件拟放宽,职工自住住房租金、自住住房物业费等将来均有望使用公积金支付。

    The Legal Affairs Office of the State Council released the Regulations on the Management of Housing Provident Fund (the revised draft for examination) to the society on 20th. According to the draft for examination, it is planned that the condition of withdrawing the housing provident fund will be eased, and employees’ self-occupied housing rent, self-occupied housing property fee and other fees will be all expected to be paid with the housing provident fund.

  • 个人所得税改革方案初具雏形

    The individual income tax reform scheme takes shape initially

    据报道,财政部税政司多次组织专家开会研讨,个税改革方案已初具雏形,财政部最快今年年底或明年年初可能将改革草案上报中央和国务院。个税改革的方向是建立综合与分类相结合的个人所得税制。

    It is reported that the Tax Administration Department of the Ministry of Finance organized experts to hold meetings for many times discussing the individual income tax reform scheme which has taken shape initially and the Ministry of Finance is likely to report the reform draft to the central government and the State Council at the end of this year at the soonest or the beginning of next year. The individual income tax is oriented in establishing comprehensive and classified combined individual income tax system.

  • 多省下调企业工资指导线

    More provinces lower the enterprise wage guideline

    截至11月24日,全国已有21个省(区、市)发布了2015年企业工资指导线。与去年相比,今年各地工资指导线多为持平或下调。

    By November 24, there have been 21 provinces (regions and cities) nationwide releasing the 2015 enterprise wage guideline. Compared with the last year, the wage guidelines in various places are mostly level off or lowered this year.

  • 谷歌高管:5年内云计算营收将超过广告

    Google Senior Executive: The revenue of cloud computing to exceed advertising in 5 years

    谷歌(微博)技术基础设施高级副总裁乌尔斯·霍尔泽(UrsHolze)预计,在未来5年内,谷歌的云计算平台营收将超过广告营收。

    Google (microblog) Technological Infrastructure Senior Vice President Urs Holze anticipated that Google’s cloud computing platform revenue will exceed the advertising revenue in future five years.

  • 150万

    国际机器人联盟(IFR)主席Arturo Baroncelli日前表示,全球正在使用的工业机器人已超过150万台。到2018年,这一数字将突破230万台,其中140万台在亚洲,占比超过一半。

    Arturo Baroncelli, President of International Federation of Robotics (IFR) recently expressed that there have been 1.5 million industrial robots being in service around the world. As of 2018, the figure will break through 2.3 million sets, of which, 1.4 million sets will be in Asia, making up more than a half.

  • 75%

    日前发布的一份关于上海23所高校1075名在校生的《上海大学生创业现状调研》最新报告称,约有75%的在校学生对创业满怀期待,既羡慕创业者的勇敢和成就,也希望有这样的机会成就自我。

    It is claimed in the latest report of the Survey on the Current Situation of Shanghai University Students’ Innovative Undertaking about 1,075 in-school students from 23 colleges and universities in Shanghai that about 75% in-school students are full of expectation for starting a business. They admire the courage and achievements of entrepreneurs and also hope to have such opportunities to fulfill themselves.

  • 50%

    人社部日前表示,今年全国50%的地区要实施“全民参保登记计划”,2017年将在全国范围实施。

    The Ministry of Human Resources and Social Security recently said that the “National Insured Registration Plan” will be implemented in 50% regions nationwide this year, and throughout the country in 2017.

Past Issues