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#155  Dec 25, 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(下)

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

用人单位是否能以劳动者不愿补签无固定期限的书面劳动合同为由单方解除劳动关系,若解除是否需支付经济补偿金?

Can employers discharge the labor relation unilaterally because labors are not willing to sign the written non-fixed term labor contract? Do they need to pay the economic compensation if employers discharge?

  • 劳务外包人员出工伤如何处理?
  • How to deal with cases where outsourcing staff suffer from work-related injury?
  • 在业务外包模式中,外包员工与承包方建立劳动关系并签订劳动合同,其生产管理也由承包方负责。一旦发生工伤,应由承包方按照工伤处理有关规定对员工承担有关责任。
  • In the mode of business contracting, outsourcing staff and contractors have established labor relationship and concluded labor contracts, the production and management are also the contractor's responsibilities. When there is a work-related injury incident, the contractor shall undertake the liability for the employee in accordance with the relevant work-related injury provisions.
雇佣动态 / Employment Express
  • 明年元旦起晚婚晚育假将被取消

    Late marriage and late childbearing to be cancelled as of New Year's Day next year

    最近审议的《中华人民共和国人口与计划生育法修正案(草案)》删除了对晚婚晚育夫妻、独生子女父母进行奖励的规定。这也意味着不再有晚婚假、晚育假。修正案将于2016年1月1日起施行。

    The "Amendment to the Population and Family Planning Law of the People's Republic of China (Draft)" recently reviewed has revoked the stipulation of providing rewards for the couples who delay marriage and childbearing and for parents with one child. It also indicates that there will be no leave for late marriage and childbearing. The Amendment will take effect as of January 1, 2016.

  • 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 (MOHRSS): Qualification review of designated hospitals and pharmacies for medical insurance services to be revoked this year

    人社部近日明确要求全国所有统筹地区于2015年年底前,全面取消社会保险行政部门实施的“基本医疗保险定点医疗机构资格审查”和“基本医疗保险定点零售药店资格审查”的“两定”资格审查。

    MOHRSS recently explicitly required all regions under the administration of the central government to comprehensively cancel, before the end of 2015, the “qualification review of designated medical institutions for basic medical insurance” and the “qualification review of designated retail pharmacies” implemented by the administrative department of social insurance.

  • 北京:非北京户籍拟可在户籍地公积金购房

    Beijing: Proposal for the population living in Beijing without Beijing registered residence purchasing house with provident fund at the registered residence

    北京住房公积金管理中心近日发布《关于进一步规范住房公积金提取业务等工作的通知》征求意见稿,其中首次提出,在京工作并缴存公积金的非京籍职工,可以申请使用公积金在户籍所在地购房。

    Beijing Housing Accumulation Fund Management Center recently issued the exposure draft of "Circular on further standardizing the withdrawal of housing provident fund and other matters". The draft proposed for the first time that employees without Beijing registered domicile who work and pay provident fund in Beijing are eligible for applying for the use of provident fund to purchase house at the registered domicile.

  • 广州:有条件单位可实行2.5天休假

    Guangzhou: 2.5-days leave can be implemented by employers with capacity

    广州市政府常务会议新闻发布会上日前发文明确广州要全面落实带薪休假制度,有条件的地方和单位可以为职工2.5天的休假创造便利条件。

    At a recent press conference of the executive meeting of Guangzhou municipal government, a file issued expressly stipulated that the paid leave system should be fully carried out in Guangzhou, and the regions and employers with capacity can create favorable conditions for the enjoyment of 2.5-days leave.

  • 7.3%

    前程无忧日前发布《2016离职与调薪调研报告》显示,2015年员工整体流动性小幅上升,平均离职率为17.7%。2015年企业调薪幅度为7.6%,预计2016年企业调薪幅度依旧维持下降趋势,将降至7.3%。

    The "2016 Survey Report of Resignation and Salary" recently issued by 51job shows that the overall mobility of employees in 2015 edged upwards, and the average turnover rate was 17.7%. In 2015, enterprises increase salary by 7.6%. It is expected in 2016 that enterprises still maintain the downward trend of salary adjustment, and the rate will fall to 7.3%.

  • 50%

    上海交通大学的一份民生调查报告显示,五成居民认同自己属于社会中层,近四成居民认为自己属于中下层或下层,仅有一成居民认同自己属于中上层或以上。

    A survey report on people’s livelihood conducted by Shanghai Jiao Tong University shows that fifty percent of residents identify themselves as belonging to the middle social class, and roughly forty percent of residents believe that they belong to the middle and lower class or lower class, while only ten percent identify themselves as belonging to the middle and upper class or above.

  • 8%

    北京最新一期政府公报明确,机关事业单位养老保险个人缴费的比例为本人缴费工资基数的8%。办法自2014年10月1日起实施。

    The latest issue of Official Gazette of Beijing made it clear that the ratio of endowment insurance premiums paid by employees of agencies and public institutions is 8% of the wage base of employees. The rules take effect as of October 1, 2014.

  • 70.0%

    中国青年报社会调查中心日前的一份调查显示,70.0%的受访者认为工薪阶层税负偏高,53.2%的受访者认为现行个税方案没有考虑物价、家庭等复杂因素,43.1%的受访者认为分类征收简单、缺乏公平。

    A recent survey by China Youth Daily Social Investigation Center showed that 70.0% of respondents believed that tax burden for the working class is on the high side, 53.2% of respondents considered that the current individual tax scheme did not take into consideration such complex factors as property price or families, and 43.1% of respondents held the view that tax collection by classification is simple and unfair.

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