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#16  Jan 25, 2013    email version

“兼职”是否属于劳动关系?

Does Part-time Employment Belong to Labor Relationship?

兼职人员与公司有劳动关系么?需要为兼职人员缴纳四金么?公司可以随时解雇兼职人员么?

Many HR specialists often consult whether the part-time worker establishes an employment relationship with the company, whether the company is obliged to pay social security contributions for them and whether the company can fire them at any time.

  • 兼职人员需签订相关的劳动协议吗?
  • Should the Part-time Employees Sign the Employment Contract with the Company?
  • 兼职人员,在实践中,可能会被认定为劳务关系,也可能会被认定为非全日制劳动关系,最不利的情况下会被认定为事实劳动关系,均需要视具体情况而言。
  • In practice, part-time employees may be identified as having the employment relationship with the company or with part-time employment relationship with the company. And in the worst case, the relationship with part-time employees will be regarded as de facto employment relationship. And whether this is true should be adjudicated according to specific circumstances.
雇佣动态 / Employment Express
  • 中国劳动年龄人口统计数量首次下降

    Statistics for Labor Force at Working Age in China Has Dropped for the First Time

    国家统计局的数据显示,2012年我国15—59岁劳动年龄人口93727万人,比上年减少345万人,占总人口的比重为69.2%,比上年末下降0.60个百分点。

    Statistics from the National Bureau of Statistics has shown that in 2012, labor force at working age from 15 to 59 in China was 93727, which is 3,450,000 less than the previous year and has taken up 69.2 of the total population. This statistics is also a drop of 0.6% over the end of previous year.

  • 中韩双边社保互免协定正式生效

    The Bilateral Social Security Exemption Agreement Between China and Korea Has Come into Effect

    人力资源和社会保障部透露,2013年1月16日,中韩双边社保互免协定正式生效。但该协定是仅针对在华的韩方员工有条件地暂时免除缴纳职工基本医疗保险费的临时性措施。2014年12月31日后,所有在华工作的韩国国民必须参加中国职工基本医疗保险。

    The Human Resources and Social Security Ministry has revealed recently that the bilateral social security exemption agreement between China and Korea has come into effect on January 16, 2013. However, this agreement is only the interim measures for the exemption of payment of basic medical insurance for Korean employees working in China on a conditional and temporary basis. After December 31, 2014, all Korean employees working in China should participate in the basic medical insurance in China.

  • 商标法拟禁止将他人商标用作企业字号

    Trademark Law is Intended to Prohibit the Use of Trademarks as the Company Name

    全国人大常委会近日首次审议了商标法修正案草案。草案明确了禁止抢注因业务往来等关系明知他人已经在先使用的商标,禁止将他人商标用作企业字号。

    The Standing Committee of the National People’s Congress has recently reviewed the draft for the Revised Trademark Law. The draft has explicitly prohibited the cyber-squatting of trademarks which have already been in use by other businessmen on the ground of business relationships and prohibited the use of trademark as the company name.

  • 深圳前海境外人才享15%个税优惠

    Overseas Talents Working at Shenzhen Qianhai will Enjoy 15% of Individual Preferential Tax

    深圳市人民政府办公厅近日公布《前海境外高端人才和紧缺人才个税补贴暂行办法》和相关的人才认定暂行办法,今年1月起实行。在前海工作的境外高端和紧缺人才,经前海管理局认定,将可享受工资薪金个税15%的优惠政策,认定名额原则上不设上限。

    The Office of Shenzhen People’s Government has recently released the Interim Measures of Individual Tax Subsidies for Overseas High-end Talents and Talent in Shortage in Shenzhen Qianhai and relevant interim measures for talent identifications. And all these measures will be implemented since January 2013. Overseas high-end talents and talent in shortage working in Shenzhen Qianhai will enjoy the policy of 15% individual preferential tax reduction for salaries after the identification of Qianhai Authority. And there is no ceiling for the identification of quotas.

  • 18.7%

    瑞士信贷集团的数据显示,近年来亚洲新兴经济体工资增长率保持较高水平,其中中国的名义工资增长率最高,2006年为14.6%,2012年估计为18%,2013年预计为18.7%,2014年则预计达到19%。

    The date from Credit Suisse Group has shown that in recent years, the rate of wage growth in Asian emerging economies has increased steadily. Among them, the rage of wage growth in China has increased at the highest rate in the following manner: 14.6% in 2006, 18% in 2012 as expected, 18.7% in 2013 as expected, and 19% in 2014 as expected.

  • 120.4

    国家统计局中国经济景气监测中心日前发布的报告显示,2012年四季度企业家信心指数为120.4,比三季度上升3.9点。

    The Report recently released by the Economic Monitoring Centre of National Bureau of Statistics shows that the business confident index in the fourth quarter of 2012 was 120.4, which was an increase of 3.9 over the third quarter.

  • 54.9%

    中华英才网发布了2013年度薪酬策略调研报告。调研显示2013年企业会普遍涨薪,其中54.9%的企业涨薪范围集中在6%-10%。

    ChinaHR has recently released the Policy Research Report for Annual Remuneration in 2013. The report shows that in 2013, salaries in most enterprises will be promoted, and salaries in 54.9% of the enterprises will increase by 6%-10%.

  • 400万

    上海市人社局近日发布消息,目前上海市人才资源总量近400万人。来沪工作和创业的留学人员已超过10万人,留学人员在沪创办企业4500余家。

    Shanghai Municipal Bureau for Human Resources and Social Insurance has recently announced that talents in Shanghai have totaled at about 4,000,000. Overseas talents working in Shanghai have exceed 100,000. Overseas talents have established more than 4500 enterprises in Shanghai.

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