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#201  Dec 09, 2016    email version

公司向非因工死亡的员工家属支付的慰问费用是否属于“抚恤金”?

Can the condolence money paid by the company to the family of an employee who has died not due to work-related reasons be categorized as "pensions"?

本案的焦点在于该企业所说的慰问费是否符合我国《伤残抚恤管理办法》的两个前提。

The focus of this case is whether the condolence money made by the company complies with the two prerequisites specified in the Regulations on the Management of Pensions for the Disabled or for the Family of the Deceased.

雇佣动态 / Employment Express
  • 最高法:用人单位以“末位淘汰”单方解除劳动合同属违法

    The Supreme People’s Court of the People’s Republic of China: It shall be deemed that the employer that dissolves the labor contract with any of its employees unilaterally based on the “lowest place elimination system” has breached contract

    最高人民法院30日公布的《第八次全国法院民事商事审判工作会议(民事部分)纪要》明确,用人单位在劳动合同期限内通过“末位淘汰”或“竞争上岗”等形式单方解除劳动合同,劳动者可以用人单位违法解除劳动合同为由,请求用人单位继续履行劳动合同或者支付赔偿金。

    The Supreme People’s Court of the People’s Republic of China has specified in the Summary of the Eighth National Conference on Civil and Commercial Judicial Work (Civil Part) announced thereby on the 30th day that where the employer dissolves the labor contract with any of its employees based on the “lowest place elimination system”, “post-competition system” or other system within the labor contract period, the employee may require the employer to continue to perform the labor contract or pay compensation on the excuse that the employer illegally dissolves the labor contract.

  • 中国生育水平全球最低 二孩政策影响甚微

    The fertility rate of China is ranked last in the world, and the second-child policy has few effect on the change of the situation

    据外媒报道,中国生育水平全球最低二孩政策影响甚微,人口老龄化日剧增加,解决中国人口状况成了大问题。据悉,同性恋、生二胎的成本及环境各方面的压力,不想承担责任。

    According to foreign media reports, the fertility rate of China is ranked last in the world, and the second-child policy has little effect on the change of the situation; as the aging of population becomes increasingly severe, to solve China’s population situation has become a big issue. It is learned that the population situation results from the increase of homosexuals, the pressure from bearing the cost of giving birth to a second child and environment, and the couples not intending to assume more responsibilities.

  • 人社部:明确职工养老保险关系转移接续问题

    MOHRSS: Clarification of issues concerning the transfer and continuation of employees' endowment insurance relation

    人社部日前印发通知,明确城镇企业职工基本养老保险关系转移接续若干问题,详细回答了跨省流动就业人员去哪里领取养老保险、重复领取养老金者如何处理等问题。

    The MOHRSS has printed and issued a notice to clarify several issues concerning the transfer and continuation of employees’ endowment insurance relation, and answer in detail where the inter-provincial migrate employees shall receive old-age pensions, how to deal with those repeatedly taking old-age pensions and other issues.

  • 人社部:生育医疗保险将合并 合并后生育保险不会取消

    MOHRSS: Maternity insurance and medical insurance will be combined, and upon combination, the maternity insurance will not be canceled

    近日,记者从人社部社会保障研究所了解到,《生育保险和医疗保险合并实施问题研究》项目已经正式启动。据悉,两个险种的合并实施,并不是取消生育保险,生育保险的生育待遇还要保留。

    Recently, the reporter has learned from the Institute of Social Security under the MOHRSS that the project – Study on Issues concerning the Combined Implementation of Maternity Insurance and Medical Insurance has been duly launched. It is learned that the combined implementation of the two kinds of insurance doesn’t mean the maternity insurance shall be canceled, instead, the remuneration for giving birth to children shall be still reserved.

  • 65岁

    目前德国和英国纷纷计划把退休年龄延长到69岁,而中国的延迟退休方案尚未对外公布,对于延迟退休最终锁定的年龄,记者获悉,方案或锁定在65岁。

    At present, Germany and the UK have extended the retirement age to 69 years old in succession, while the program on postponed retirement of China hasn’t been released. With respect to the retirement age to be finally determined, the reporter has learned that the age of 65 may be the final retirement age in the program.

  • 10%

    6日上午,有媒体报道称乐视体育内部已决定整体裁员,幅度将达20%,其中智能硬件部门的裁员幅度将达到50%。对此,乐视体育表示所谓60%或20%裁员为误读,是10%左右的“优化”,不同部门不尽相同,具体优化比例根据各业务实际经营情况而定。

    On the morning of the 6th day, some media reports said that Le Sports has decided to lay off 20% of its employees in the whole, and 50% of employees in the Smart Hardware Department would be laid off. With respect to this, Le Sports says the so called laying off 60% or 20% employees is a kind of misreading, instead it decides to lay off 10% of its employees to “optimize” the personal structure, and the optimization percents of different departments will be different, which will be determined as their actual business conditions may be.

  • 1.5万

    12月1日起,深圳正式开始受理新引进人才租房和生活补贴申请,新的补贴标准为:本科15000元/人,硕士25000元/人,博士30000元/人,补贴一次性发放。

    Since Dec. 1, Shenzhen has duly started to accept application for rent and living subsidy for newly-introduced talents, and the new subsidy standard is: RMB 15,000 for each undergraduate, RMB 25,000 for each master, and RMB 30,000 for each doctor, which will be respectively released in a lump sum.

  • 128天

    日前,天津市制定了《天津市职工生育保险规定》,自2016年11月23日起施行,有效期5年。其中,天津女职工在享受98天产假期间生育津贴基础上,增加30天生育津贴,即享受128天生育津贴。

    Recently, Tianjin has formulated Provisions of Tianjin Employee Maternity Insurance, which lasts for a term of 5 years since its being implemented on Nov. 23, 2016. According to the provisions, Tianjin female employees may enjoy another 30-day maternity allowance on the basis of the maternity allowance for 98-day maternity leave, namely they can enjoy 128-day maternity allowance.

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