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#153  Dec 11, 2015    email version


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


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


    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


    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%


    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


    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%


    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%


    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%


    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.

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