HOME    |    FAQ    |    COLUMN    |    PAST ISSUES

COLUMN

#154  Dec 18, 2015    email version

上海高院民事审判庭2014年第三季度庭长例会研讨纪要(上)

Chief judge meeting discussion minutes of Shanghai High People’s Court Civil Tribunal in Q3 of 2014 (I)

女职工享受的产后1小时哺乳时间在性质上属于劳动保护。倾向意见认为,女职工未享受1小时哺乳时间的不属于加班,其要求用人单位支付加班工资的诉请不予支持。

The 1 hour of feeding that female staffs enjoy belongs to the labor protection in essence. Tendentious opinions hold that the 1 hour that female staffs do not enjoy is not the overtime, so the appeal that employers pay the overtime salary is not supported.

  • 劳动合同到期终止要不要补偿金?
  • Is the compensation claimed when the labor contract expires?
  • 劳动合同到期,公司以提高原条件或者维持原条件续签,员工不同意的,公司无需支付经济补偿金。这里有两个关键点:续签条件、证明员工不同意续签。
  • If a company renews the contract with an employee by increasing or maintaining the original conditions when his labor contract expires, the company shall not pay economic compensation if the employee does not agree. There are two key points: 1. Renewal condition. 2. Employee does not agree to renew.
雇佣动态 / Employment Express
  • 教育部:校园招聘严禁限定院校、性别等歧视信息

    Ministry of Education: discriminatory information such as requirements for graduation universities and gender are prohibited at campus recruitment drives

    教育部近日就做好2016届高校毕业生就业创业工作提出要求,各地各校要坚决反对任何形式的就业歧视,凡校园招聘活动严禁发布含有限定院校、性别、民族等歧视性信息;要切实防范“试用期陷阱”等危害毕业生权益的不法行为。

    The Ministry of Education recently set forth requirements in respect of the employment and entrepreneurship of college graduates in 2016 that the schools should resolutely oppose any form of discrimination in employment. For the campus recruitment drives, the discriminatory information such as requirements for graduation universities, gender, and ethnic groups are prohibited; effectively prevent the illegal acts such as "probationary period trap" which damages the rights and interests of the graduates.

  • 个税改革明年启动 个税起征点或不会再提高

    Individual income tax reform kicks off next year, and raise of individual income tax threshold may not to be expected

    据媒体报道,个税改革方案在财政部内部已经完成,预计最快2016年上半年可以上报,下半年会选择部分方案实施。而个税起征点基本上不会再提高了。

    According to media reports, the individual income tax reform program has been completed by the Ministry of Finance, and is slated to be submitted to the Central Government in the first half of 2016 at the earliest time. In the second half, part of the program will be put into effect. Basically, the individual income tax threshold will not be raised.

  • 人社部:年内取消对医保定点医院和药店的资格审查

    Ministry of Human Resources and Social Security: qualification examination of designated hospitals and pharmacies for medical insurance to be rescinded during the year

    人力资源社会保障部近日发布指导意见,目前社会保险行政部门所实施的、对基本医疗保险定点医疗机构和定点零售药店的资格审查,将在年内全面取消。

    According to the guiding opinions recently issued by the Ministry of Human Resources and Social Security, the currently effective qualification examination of administration departments of social security and the designated medical institutions and retail pharmacies for the basic medical insurance is slated to be revoked during the year.

  • 税优健康险31省落地

    Health insurance with preferential tax treatment is implemented in 31 provinces

    财政部、国家税务总局、保监会近日共同发布了《关于实施商业健康保险个人所得税政策试点的通知》。根据《通知》,健康险税优试点将在4个直辖市、27个省会城市进行。

    The Ministry of Finance, State Administration of Taxation, and China Insurance Regulatory Commission recently jointly issued the "Circular on the Pilot Units for Implementation of Individual Income Tax Policy for Commercial Health Insurance." According to the "Circular", the pilot units for health insurance with preferential tax treatments will be carried out in 4 municipalities directly under the central government and 27 provincial capitals.

  • 北京:职工一次性领取失业保险可自选银行

    Beijing: Workers can independently choose bank for the collection of one-time unemployment insurance benefits

    从本月起,北京外埠城镇职工一次性失业金和农民合同制工人一次性生活补助费的领取不必再通过单位,参保人员可以自选一家代发银行,届时失业保险待遇将直接汇入其银行账户。

    As of this month, the migrant urban workers and migrant contracted peasant workers in Beijing for the collection of one-time unemployment insurance benefits and the collection of one-time living subsidy respectively can independently choose one bank without involving their employers. The unemployment insurance benefits will be paid directly into their bank account.

  • 22.1%

    智联招聘调查数据显示,女性比男性更加渴望平衡与稳定。22.1%的女性希望未来三年获取生活与工作的平衡;13.8%的女性希望获取安全感和稳定感。

    The survey conducted by Zhaopin shows that women are more inclined to yearn for balance and stability than men. 22.1% of women respondents wish to strike a balance between work and life in the next three years; 13.8% of women respondents hope for a sense of security and stability.

  • 28

    据不完全统计,2015年以来,全国至少已有28个地区上调最低工资标准,上调的地区数量已大大超过去年。

    According to incomplete statistics, as of 2015, the minimum wage has been raised in at least 28 regions nationwide, and the number of regions with increase of minimum wage far exceeds that of last year.

  • 60%

    目前我国在政策上允许进入资本市场的养老基金约为8200亿元,仅占总市值的1.3%。相比之下,美国资本市场中养老基金的实际占比则高达60%。

    At present, the pension fund which is allowed to enter the capital market in China pursuant to the policy stands at RMB 820 billion, accounting for only 1.3% of the aggregate market value, whereas the pension fund in the United States accounts for upwards of 60% on the capital market.

Past Issues