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#170  Apr 15, 2016    email version

竞业限制协议未约定补偿金是否有效?

If the non-competition agreement does not stipulate the compensation, is it valid?

在员工入职的时候,公司都会与员工签订竞业限制协议,但是协议中没有具体约定竞业限制期间的补偿金。那么,这样的竞业限制协议对离职后的员工是否有法律约束力?

A company will sign a non-competition agreement with an employee upon its commencement of work, but the agreement does not stipulate the specific compensation during the non-competition period. Then, is this non-competition agreement legally binding on an employee after his/her termination of employment?

雇佣动态 / Employment Express
  • 深圳:允许大学生休学创业

    Shenzhen: College students are allowed to suspend their courses to do business.

    深圳市日前出台《关于促进人才优先发展的若干措施》,其中规定,将鼓励大学生创新创业,允许高校全日制在校学生休学创业。其中规定,大学生休学创业和毕业后自主创业,创业场租补贴标准在现有基础上提高20%-50%,优秀项目可给予最高50万元资助。

    A few days ago, Shenzhen introduced Several Measures for Promoting the Priority Development of Talents (the Measures), which stipulates that college students are encouraged to make innovation and start up business, and full-time students in colleges and universities are allowed to suspend their courses to do business. It is regulated in the Measures that an extra 20% - 50% of current subsidy for rental of business sites shall be given to college students who suspend their courses to do business and become self-employed after graduation and a subsidy of RMB 500,000 at most shall be granted to excellent programs.

  • 北京市明确劳动争议仲裁终局裁决适用原则

    Beijing has made clear the principle of application of final award of labor dispute arbitration.

    4月8日从北京市人社局获悉,未来将进一步做好劳动争议案件仲裁终局裁决工作,人社部门明确了劳动争议仲裁终局裁决的适用范围和原则。终局裁决适用于追索金额不超过本市月最低工资标准十二个月的争议。

    It is learned from Beijing Municipal Human Resources and Social Security Bureau on Apr. 8 that it has determined to make final award of arbitration of labor dispute cases carefully in future and has made clear the scope and principle of application of final awards of labor dispute arbitration. Final awards are applicable to disputes in which the claimed amount is not more than twelve (12) months’ minimum wage of this city.

  • 人社部明确工伤保险新规

    Ministry of Human Resources and Social Security of the People's Republic of China (MOHRSS) has specified new regulations on work-related injury insurance.

    人社部近日发布“执行《工伤保险条例》若干问题的意见二”,明确解读了一些具体问题:丧葬补助两种待遇亲属选一种;工伤保险同样保障返聘人员;往返单位和住地视为“上下班”。

    Recently MOHRSS has promulgated Opinion II on Several Issues Concerning the Implementation of Regulations on Work-related Insurances, clearly interpreting some detailed issues: Two kinds of funeral subsidies shall be alternative to the relatives of the deceased employee; the work-related injury insurance is also a guarantee to the re-employed; and the time spent on going back and forth between entity and domicile shall be deemed as “commuter time”.

  • 社保缴费调整难降企业负担

    It’s still hard to reduce the burden on enterprises even though the social insurance payment has been adjusted.

    尽管社保缴费基数在不断上浮,但决定社保缴费总额的另一因素——社保费率,今年来实际呈现下降趋势。拿上海而言,此次其单位缴纳费率下降了2.5%,但缴费基数也上涨了8.9%。“基数上调幅度,要远高于费率下调幅度,社保负担绝对额肯定是增加的。”在上海金融与法律研究院研究院聂日明说。

    Although the social insurance payment base keeps floating upward, another factor determining the total social insurance payment – social insurance rate actually witnesses its downtrend this year. In terms of Shanghai, the rate of social insurance paid by entities has decreased by 2.5%, though the payment base has increased by 8.9%. “As the increase range of the base is far larger than the decrease range of the rate, the absolute amount of social insurance payable is bound to increase.” Said Nie Riming from SIFL Institute.

  • 5

    Twitter最近加入了Facebok、Esty等公司的行列,决定给员工提供不限性别的带薪“产假”:也就是说,只要家庭里出现了新生儿,无论是妈妈、爸爸,或者同性恋夫妇,都可以享受长达20周(接近5个月)的带薪假期。

    Twitter has joined Facebook, Esty and other companies to offer paid “maternity leave” without sex limitation to its employees recently. That is to say, once a family greets a new baby, both its mother, and father or its homosexual parents can enjoy a paid leave as long as 20 weeks (approximately 5 months).

  • 3563元

    据报导,上海市人社局6日发布,2016年度上海市职工社保缴费基数自4月1日起调整,上下限分别调整为17817元和3563元。2016年5月起,将按照新的标准征收。

    It is reported that Shanghai Municipal Human Resources and Social Security Bureau promulgated on the 6th day the social insurance base of Shanghai employees in 2016 would be adjusted since Apr. 1, and the top and bottom limit would be respectively adjusted to RMB 17,817 and RMB 3,563. The insurance shall be levied according to the new standard since May 2016.

  • 8200万

    据公开信息显示,2014年拒绝被辞退的前员工,于今年1月将久银控股推上公堂,数条诉讼涉及金额合计高达8179.3万元之巨,而这一数字甚至超过久银控股2015年全年公司的净利润。

    According to public information, former employees refusing to be dismissed in 2014 sued Eagle Holdings in Jan. this year, and the lawsuits involves a huge sum of money amounting to RMB 81.793 million, which is far beyond the net profits of Eagle Holdings in the whole year of 2015.

  • 2400

    针对个人在二手房交易过程中是否能做到税负只减不增的焦点问题,国家税务总局副局长汪康表示,过去征营业税5%时,如果房价是100万元的话,100万乘5%,交5万的营业税;现在营改增以后税收负担是4.76%,少交税2400元。

    With respect to the focus issue whether the taxes paid by an individual in the course of second-hand house transaction can keep decreasing rather than increasing, Deputy Director Wang Kang of State Administration of Taxation says when the business tax of 5% was levied, if a house is worthy RMB 1 million, the business tax payable was RMB 50,000 (RMB 1 million * 5%) and now as the business tax is replaced by value-added tax, the tax rate is 4.76%, deceasing by RMB 2,400.

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