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#17  Feb 01, 2013    email version

《劳动合同法》修改对劳务派遣用工将产生重大影响

Material Impacts on Labor Dispatchment Arising from the Amendment of PRC Employment Contract Law

2012年12月28日,第十一届全国人民代表大会常务委员会第三十次会议通过了关于修改《中华人民共和国劳动合同法》的决定。有关修改明确指向对劳务派遣的规制,完成了该法立法之初就存在的某些"缺憾"。

On December 28th, 2012, the Standing Committee of the 11th National People's Congress of the People's Republic of China promulgated the decision on the amendment of the PRC Employment Contract Law at its 30th meeting. The amendment directly aims at regulating the labor dispatchment by addressing some existing "legislative gaps" since the initial promulgation of the law.

  • 劳务派遣员工的产假
  • Maternity Leave of the Dispatched Employees
  • 目前的法律对于劳务派遣员工的退回条件规制比较欠缺,主要有赖于三方约定。因产假期间,员工不能提供正常劳动,三方可以将其约定为退回条件。
  • Under the current legal framework, there were some drawbacks on the conditions of retreat. As a matter of fact, a three-party agreement should be made. During the maternity leave, the employees could not work under normal conditions, and the three parties could regard it as the conditions of retreat.
雇佣动态 / Employment Express
  • 职工离岗后诊断为职业病拟认定为工伤

    Laid-off employees who are diagnosed with occupational diseases will be identified as work-related injuries

    人社部日前发布《关于执行〈工伤保险条例〉若干问题的意见(征求意见稿)》并征求意见。拟规定,职工离岗后诊断为职业病的可认定工伤。此外,大中专学生实习期间遭遇的事故伤害不属于工伤。

    The Ministry of Human Resources and Social Security has recently released the Regulations for Several Issues concerning the Implementation of Rules for Work-related Insurance (Draft) and searched for comments at the moment. The proposed Regulations stated that laid-off workers, if adjudicated with occupational diseases, will be identified as work-related injuries. In addition, the accidental injuries suffered by trainees do not fall within the scope of work-related injuries.

  • 人社部:正研究企业年金中个人缴费部分免税政策

    The Ministry of Human Resources and Social Security has done research about the duty-free policy for individual contribution in the enterprise annuity.

    人力资源社会保障部新闻发言人尹成基近日透露,企业年金中企业缴费部分是免税的,正在研究个人缴费部分的免税政策。

    Yi Chengji, the spokesman of the Ministry of Human Resources and Social Security, has revealed recently that the enterprise contribution in the enterprise annuity is said to be duty-free, and whether the individual contribution is duty-free is still under review.

  • 国税总局:中央财政补贴收入不征收增值税

    National Tax Administration: Income from central financial subsidy is not subject to VAT (value-added tax)

    国家税务总局日前下发《关于中央财政补贴增值税有关问题的公告》,拟规定,纳税人取得的中央财政补贴不属于增值税应税收入,不征收增值税。

    The National Tax Administration has recently issued the Notice on the Related Issues about VAT for Central Financial Subsidies. It is stated that central financial subsidies earned by taxpayers is not subject to taxable income for VAT.

  • 卫生部拟新增17种职业病

    The Ministry of Health is intended to list 17 occupational diseases into the new catalogue

    卫生部日前公布《职业病分类和目录(征求意见稿)》,向社会公开征集意见,依据新版目录,我国职业病有望新增17种。

    The Ministry of Health has recently issued the Classification and Catalogue for Occupational Diseases (Draft). The Draft is under reviewed by the public. According to the new draft, it is expected to list 17 new diseases into the new catalogue.

  • 1.9万亿

    人社部有关负责人表示,目前我国五项社会保险基金的结余达2.7万亿元,其中养老保险基金结余已超过1.9万亿元。

    The officials of the Ministry of Human Resources and Social Security have recently revealed that the current balance of the five social insurance funds has amounted to 2700000000000, and the balance of the pension insurance has exceeded to 1.9 trillion.

  • 11.5万

    彭博社统计的数据显示,为了控制赔偿开支以及规避资金密集型业务,全球金融企业从2012年至今裁员已经超过11.5万人。

    The data from Bloomberg has revealed that, in order to control the compensation expenses as well as to circumvent capital-intensive business, the global financial enterprises have laid-off more than 115,000 people from 2012.

  • 10

    北京市发改委透露,从今年1月1日起,降低部分行政事业性收费标准,其中单位和个人委托人才机构保管人事关系及档案,保管费下调到每份每月10元。

    Beijing Municipal Development and Reform Commission has recently revealed that from January 1, the threshold for the payment of administrative fee has to be reduced. Among them, the working units and the individuals entrusted talent agency will maintain the personnel relationships and the files for the talents, and the storage fee will be reduced to $10 per month.

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