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#167  Mar 25, 2016    email version

单位未安排哺乳时间要补发加班工资?

Is overtime wage required to be paid retroactively to a female employee if an employer fails to arrange time of breast feeding for her?

法律虽然赋予女职工在工作时间内享有哺乳时间的权利,但并未规定在用人单位拒绝安排的情况下就要承担支付加班工资的义务,因为它并不属于加班。

Though the Rules have granted female employees the right to enjoy the time of breast breeding during working hours, but not provided that employers refusing to make the arrangement shall assume the obligation to pay overtime wage, as it is not a kind of overtime work.

  • 调岗后员工不到岗单位可否解雇?
  • Can employee who refuses post transfer be dismissed?
  • 合理合法的调整劳动者的工作岗位,是用人单位合法行使用人自主权的表现形式之一。笔者认为,科技公司以此为由解除合同符合法律规定。
  • The lawfully and reasonably adjusting post of employee is one of the manifestations of exercising the autonomous right to engage employees by an employee. I think the technology company’s terminating the contract on that ground complies with provisions of law.
雇佣动态 / Employment Express
  • 山西晋中市4月1日起 每周上班4天半

    Shanxi province Jinzhong city adopts four and a half working days every week from April 1

    据报道,今年4月1号起,山西省晋中市在全省首家实行了“2.5天周末”弹性作息制度,给“世界那么大,我想去看看”的旅游想法提供了进一步的时间保障。

    It is reported that from April 1 this year, Jinzhong city, Shanxi Province will be the first to adopt the 2.5-day weekend elastic work and rest system in the province, to provide further time support for people who want to go traveling.

  • 法国劳动法改革引发数十万人罢工

    French Labor Law reform triggers strike of hundreds of thousands of people

    3月9日,法国爆发总罢工,抗议劳工部门提出的劳动法改革方案,包括实际取消每周35小时工作制,削减35小时以外的加班费,并给予雇主更多自由解雇员工和削减成本。民调显示,70%的人反对目前的改革方案。

    On March 9, a general strike broke out in France to protest the reform scheme of the Labor Law proposed by the Labor Department, including practically canceling weekly 35-hour working system, cutting down the overtime pay outside of 35-hours, giving more freedom for employers to fire employees, and reducing costs. Opinion polls show that 70% people are opposed to the current reform scheme.

  • 央企限薪:部分高管退二线后取消绩效奖金

    State-owned enterprise salary restriction: Performance bonus to be canceled for some senior executives retiring from leading posts

    企高管薪酬新政已经满一年。据悉,新政满一年后,计入年底绩效工资,央企高管在2015年普遍降薪三成。其中,金融央企四大行的高管收入降薪比例最大,而部分退居二线的高管的年底绩效奖金也被取消。

    The new salary policy for senior executives of state-owned enterprises has been implemented for a year. It is learnt that including the year-end performance pay, the salary for senior executives of state-owned enterprise generally reduced 30% in 2015 after the new policy has taken effect for a year, of which, the salary for senior executives of four major financial banks dropped most and the year-end performance bonus for senior executives retiring from leading posts was also canceled.

  • 多地下调社保费率

    Local governments lower social insurance rate

    近期,上海、广东、天津、云南、甘肃、浙江杭州、福建厦门等地陆续出台新政,不同程度降低社保费率。此外,精简五险一金也确定方向。十三五规划纲要提出,将生育保险和基本医疗保险合并,人们熟悉的五险一金或将变为四险一金。

    Recently, local governments including Shanghai, Guangdong, Tianjin, Yunnan, Guansu, Hangzhou and Xiamen successively issued new policies to lower the social insurance rate to different extents. Besides, the direction for simplifying five social insurances and one housing fund is also fixed. It is proposed in the 13th Five-Year Plan to combine the maternity insurance and the basic medical insurance, so the five social insurances and one housing fund that people are familiar with are likely to turn to four social insurances and one housing fund.

  • 5%

    18日,广州2016届高校毕业生春季首场大型招聘会在华南农业大学华山运动场举行。工资薪酬方面,企业提供的平均薪酬较去年同期略有增加,平均涨幅约5%。

    On March 18, the first 2016 Guangzhou University and College Graduate Spring Large-Scale Job Fair was held in Huashan Playground of South China Agricultural University. In terms of salary, the average salary offered by enterprises was slightly higher than that of last year, rising about 5% averagely.

  • 6

    2016最新的政策下来了,政策规定:涨6种人的工资:中小学教师、基层医护人员、企业员工、技术工人、科研人员以及贫困地区农民;降6种费用:网费、学杂费、药费、医疗费、体育设施收费及社保费。

    The latest policy in 2016 has been issued. According to the policy, the salary for six kinds of people will be raised, including primary and middle school teachers, base-level medical and health care workers, enterprise employees, technicians, scientific researchers and farmers in poverty-stricken areas; and six kinds of expenses will be dropped, such as Internet charge, tuition and fees, medicine fee, medical fee, sports facility fee and social insurance fee.

  • 2.5%

    上海21日宣布,进一步降低部分职工社会保险的费率水平,养老、医疗和失业保险三个险种总体费率下降2.5个百分点。费率下降后,参保人员的养老、医疗和失业保险等各项待遇均不受影响。

    Shanghai announced on 21st that to further lower the social insurance rate level of some employees, the overall rate of pension, medical and unemployment insurances will be lowered 2.5 percentage points. After the decline of the rate, the treatments of the pension, medical and unemployment insurances of the insured will not be affected.

  • 4

    3月18日,国务院召开常务会议审议通过了全面推开营改增试点方案,明确自2016年5月1日起,全面推开营改增试点,将建筑业、房地产业、金融业、生活服务业纳入试点范围,确定税率分别为11%、11%、6%、6%。

    On March 18, the State Council held the executive meeting where the pilot scheme of fully replacing the business tax with the value added tax was deliberated and passed, and it was clarified that the pilot of replacing the business tax with the value added tax would be fully rolled out from May 1, 2016 among the industries of building, real estate, finance and the life service with the tax rates fixed at 11%, 11%, 6% and 6% respectively.

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