HOME    |    FAQ    |    COLUMN    |    PAST ISSUES

COLUMN

#153  Dec 11, 2015    email version

如何认定“设立中企业”的用工关系?

How to identify the employment relation of an “enterprise to be established”?

根据《劳动合同法》对用工主体的界定,设立中的企业因尚未取得合法经营资格而显然不是该法规定的用人单位。

Nature of Employment of “Enterprise to be Established”Based on the definition of the one recruiting and using work force in the EmploymentContract Law, “enterprise to be established” is obviously not employer under such law sinceit is not qualified for lawful operation.

  • 承包经营用工如何认定?
  • How to identify contract operation employment?
  • 企业外包是一种普遍存在的商业形态,只要企业具备用工主体资格,即可成为外包的主体,且外包企业招用的职工与其形成劳动关系,与发包单位之间不存在劳动关系。
  • Enterprises with the employment subject qualification can become outsourcing subjects, and the employees recruited by outsourcing enterprises have the labor relation with them and no labor relation with the contract issuing unit.
  • 逆向劳务派遣如何认定?
  • How to identify reverse labor dispatching?
  • 逆向劳务派遣,又称反向劳务派遣,即劳动者已经有了工作,用人单位却偏偏不与他签订劳动合同,而是找一家劳务派遣公司签订劳动力派遣合同,劳动者以派遣员工的名义从事劳动。《
  • Reverse labor dispatching is also called backward labor dispatching. That is to say, a laborer has already been employed and the employer does not sign the labor contract with him, but seeks a labor dispatching company to sign a labor force dispatching contract, and the laborer works in the name of a dispatched worker.
雇佣动态 / Employment Express
  • 个税改革方案有望明年年初上报中央

    The individual income tax reform scheme is expected to be reported to the central government at the beginning of next year

    据媒体报道,在经过多次研讨后,个税改革方案已初具雏形,财政部最快有望在明年年初将改革草案上报中央。“提低、扩中、调高”成为基本的改革思路和方向。

    According to the media report, the individual income tax reform scheme has taken shape initially through discussion for many times. The Ministry of Finance is expected to report the reform draft to the central government at the beginning of next year at the soonest. “Improving the low-income level, expanding the middle-income level and adjusting the high-income level” becomes the basic reform thinking and direction.

  • 多地出台意见鼓励2.5天休假

    Several provinces release opinions to encourage 2.5-day vacation

    近期,河北、江西、重庆等地相继出台意见,明确提出鼓励“周五下午加周末”的2.5天休假模式。

    Recently, several provinces including Hebei, Jiangxi and Chongqing successively released opinions explicitly proposing to encourage the 2.5-day vacation mode of “Friday afternoon plus weekend”.

  • 全国去年报告职业病29972例 职业性尘肺病占近九成

    29, 972 cases of occupational diseases reported in China last year, occupational pneumoconiosis taking up nearly 90%

    卫计委近日发布2014年全国职业病报告情况。数据显示,2014年共报告职业病29972例。尘肺病报告病例数占2014年职业病报告总例数的89.66%。

    The National Health and Family Planning Commission recently released the 2014 national occupational disease report showing that a total of 29, 972 cases of occupational diseases were reported in 2014 and the pneumoconiosis cases reported took up 89.66% of the total occupational disease cases in 2014.

  • “员工尊重度”成为最佳雇主首要指标

    “Employee Respect Degree” becomes the primary indicator for the best employer

    智联招聘近日发布了《2015中国年度最佳雇主》评选活动的公众调查结果。根据结果显示,与往年不同,2015年,“员工尊重度”跃居榜首,并首次超越“薪酬福利”成为最佳雇主的最重要特征。

    The public survey result of the selection activity of the 2015 Chinese Annual Best Employer was released in zhaopin.com recently. The result showed different from previous years, the “Employee Respect Degree” topped the list in 2015 and first surpassed “Salary and Welfare” and became the most important characteristic of best employers.

  • 60%

    中山大学最近的一项调查显示,工作时间上,从2012年到2014年,全国劳动力的工作时间总体下降,一般周工作小时数从约50小时降到约45小时,其中超过60%的加班雇员是“自愿加班”。

    A recent survey of Sun Yat-sen University showed that the working time of national work force dropped on the whole from 2012 to 2014 and the weekly working time dropped to about 45 hours from about 50 hours generally, of which, more than 60% overtime employees work overtime voluntarily.

  • 30%

    人社部专家研究发现,在新一轮事业单位改革之前,全国事业单位经费大约有60%是来自财政全额拨款、20%是来自财政差额拨款,综合起来,每年国家对各项事业经费支出占到整个政府财政支出的30%以上。

    The experts of the Ministry of Human Resources and Social Security found through research that before the new round of reform of public institutions, about 60% expenditures of national public institutions come from fiscal full funding and 20% come from fiscal balance allocation. Taken together, the national expenditures for various undertakings accounted for more than 30% of the whole government fiscal expenditure every year.

  • 95%

    教育部近日透露,我国职业教育投入大幅增长,2014年,中职总投入为1906.5亿元,高职总投入为1517.8亿元。中职毕业生就业率连续保持在95%以上。

    The Ministry of Education recently revealed that China’s vocational education investment has grown substantially. In 2014, the total investment in secondary vocational schools amounted to RMB190.65 billion and the total investment in higher vocational education totaled RMB151.78 billion. The employment rate of secondary vocational school graduates remains more than 95% continuously.

Past Issues