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#176  May 27, 2016    email version

长期旷工可视为自动解除劳动合同吗?

Can long-time absenteeism be deemed as automatic termination of the labor contract?

员工长期旷工,实践中很多用人单位均视为自动解除劳动合同,但这样做往往存在很大的法律风险。

In terms of long-term absenteeism of employee, many employers shall deem it as automatic dissolution of the labor contract in practice, but this act is often of high legal risk.

  • 无固定期限合同没有劳动终止时间?
  • Is there labor termination time for the flexible term contract?
  • 签了无固定期限的劳动合同并不是说公司就不能辞退员工了,如果员工严重违反用人单位的规章制度、严重失职,营私舞弊,给用人单位造成重大损害等情况还是可以被辞退的。
  • Signing the flexible term labor contract does not mean the company cannot dismiss the employee. If the employee violates the rules and regulations of the company seriously or has gross neglect of duty and malpractice, and causes significant damages to the employer, the employee can also be dismissed.
雇佣动态 / Employment Express
  • 华为起诉三星侵权知识产权

    Huawei prosecutes Samsung for infringing upon intellectual property

    华为公司25日正式对外宣布,在美国和中国提起对三星公司的知识产权诉讼,包括加州北区法院和深圳中级人民法院。华为在诉讼中要求三星公司就其知识产权侵权行为对华为进行赔偿,这些知识产权包括涉及通信技术的高价值专利和三星手机使用的软件。

    Huawei Company officially announced externally on the date of 25 that Huawei brings a lawsuit against Samsung Company in America and China , including Court of Northern California and Shenzhen Intermediate People’s Court for infringing upon intellectual property. In the litigation, Huwawei demanded Samsung Company to compensate for the infringing upon the intellectual property to Huawei. The intellectual property includes high-value patent involving communication technology and software used in the Samsung mobile phone.

  • 10余省份出台社保降费方案 强调职工待遇不会降低

    About 10 provinces issue the project of reduction of social insurance expense and emphasize that the treatment of the employees won’t be decreased

    目前已有上海、重庆等10余省份出台了社保降费方案。多地强调,降低社保费率不会影响职工的社保待遇。此外,一些地区还降低生育保险率。如,广西提出生育保险费率从原来的 0.5%—1%降至 0.5%以内。

    Currently Shanghai, Chongqing and other altogether 10 provinces have issued project of reduction of social insurance charge. Many places emphasize that the decrease of social insurance charge won’t influence the social insurance treatment of the employees. In addition, some places even decrease the rate of maternity insurance. For example, Guangxi proposes that the maternity insurance charge rate shall be decreased from the original 0.5% to 1% to within 0.5%.

  • 毕业生去哪儿:金融IT行业仍是就业吸纳大户

    Where have the graduates gone: The financial and IT industries are still large objects for employment

    金融企业“降薪减员”的消息引发了大众甚至即将踏入社会的高校毕业生高度关注,甚至一些网友调侃,“躺着赚钱的金饭碗碎了一地,还是别去金融圈工作了。”尽管金融行业出现个别减薪现象,金融行业员工薪酬依然排在各行业之首。

    The news of the wage decreasing and employee number cutting of the financial industry has attracted high attention of the masses even the graduates from universities that are about to set foot in society. Some people comment by Internet that “the dream of earning money easily has been split up. We would rather not work in the financial industry. Even though there is single phenomenon of wage cut in the financial industry, the wage of the employees of the financial industry still ranks top among various industries.

  • 库克和郭台铭都去了印度

    Both Cook and Guo Taiming went to India

    随着中国制造产能过剩现象加剧、人力成本上升等因素变化,制造企业的“赴印”迁徙似乎已经不可避免。从去年手机厂商集体在印度设立工厂,到如今苹果产业链上下联动到访印度,“下一个世界工厂”似乎已经渐成雏形。

    With the intensified phenomenon of the excess production capacity in the manufacturing industry of China, the increase of labor cost and other change of factors, the migration of the manufacturing enterprises seems to be inevitable. Last year the mobile phone manufacturers set up factories in India generally and presently the whole industrial chain of iphone visits India. The next world factory seems to be forming.

  • 15分钟

    去年10月1日起,“三证合一、一照一码”在全国范围内全面实施,企业注册从跑3个部门、交3次材料,变为一个窗口受理、一次提交材料,企业办照时间普遍缩短到2至3天,有些地方甚至15分钟出证,立等可取。

    From Oct. 1 of last year, the policies of integrating the business license, the organization code certificate and the certificate of taxation registration into one document and one photo with one code have been comprehensively implemented across China. People who transact corporate registration can transact it at one place and submit the materials at the same place instead of transacting it at three places and submitting materials at the three places. The time for transaction of corporate registration can be reduced to 2 to 3 days. In some places, even 15 minutes are enough for the transaction of certificate.

  • 4985元

    今年高校毕业生总量达765万人,较2014年的727万人、2015年的749万人继续增加。据调查,去年应届毕业生实际签约月薪平均值为4793元,而2016年应届高校毕业生期望月薪的平均值为4985元。研究显示,学历越高,起薪越高。

    The total quantity of the graduates from universities this year is 7.65 million. It increases continuously compared to 7.27 million in 2014 and 7.49 million in 2015. According to investigation, the average monthly wage of the university students graduating in last year under the actual contract signing is RMB 4,793 while the average amount of the expected monthly wage of the university students graduating in 2016 is RMB 4,985. It shows from the research that graduates with higher level of education background will have higher starting wage.

  • 183天

    在24日召开的陕西省十二届人大常委会第27次会议上,《陕西省人口与计划生育条例(修订草案修改二稿)》提请审议,其中婚产假和哺乳期优待政策有较大调整:如女职工参加了孕前检查,且生育时为剖宫产,单胎可以享受98+15+70共计183天产假,如生育多胞胎,还可继续累加。

    In the 27th meeting of Shanxi 12th Standing Committee of the National People’s Congress held on the date of 24, the Shanxi Population and Family Planning Regulations (second revised draft) is proposed for deliberation. Among it, there is great adjustment on the preferential policies of marriage leave, maternity leave and lactation period: For example, if the female employee has the pre-pregnancy physical examination and she has cesarean when giving birth, for each child the female employee can have 98+15+70 that is altogether 183 days of maternity leave. Where the female employee gives birth to more than one child at one time, she can have accumulate the days.

  • 1600元

    山东再次调整最低工资标准,三个档次分别为1710元、1550元、1390元。据悉,此前青岛最低工资标准,已经调整14次,目前六区和四市标准分别是每月1600元和1450元。

    Shandong once more adjusts the minimum wage standard and the three grades are respectively RMB 1,710, RMB 1,550 and RMB 1,390. It is known that the minimum wage standard of Qingdao has been adjusted for 14 times previously and at present the standard of the six districts and the four cities is respectively RMB 1,600 and RMB 1,450 monthly.

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