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#242  Oct 13, 2017    email version

就业协议的法律效力到底如何?

What is the legal effect of the Employment Agreement?

现想确认此就业协议的法律效力,我们在处理上需要注意什么。另外,如果公司有意录用,是不是先签订劳动合同再签就业协议比较安全一些?但如果暂时不同意签订劳动合同时,如何处理?

We want to know the legal effect of the Employment Agreement and things to which we need to pay attention during handling. Moreover, if the company does intend to hire him, would it be safer to sign the labor contract first and then the Employment Agreement? But if the company does not intend to sign a labor contract with him, how should we handle the situation?

雇佣动态 / Employment Express
  • 2017年18个地区公布最低工资标准

    Release of the Minimum Wage Standards in 18 Regions for Year 2017

    近日,山西、湖北、宁夏公布最低工资标准,加上之前公布的吉林、河南、北京、天津、上海、深圳、山东、福建、江苏、陕西、湖南、贵州、甘肃、青海、内蒙古,今年已有18个地区公布了最低工资标准。

    Recently, Shanxi, Hubei and Ningxia released their minimum wage standards following Jilin, Henan, Beijing, Tianjin, Shanghai, Shenzhen, Shandong, Fujian, Jiangsu, Shaanxi, Hunan, Guizhou, Gansu, Qinghai and Inner Mongolia that released the standards earlier. 18 regions have released the minimum wage standards in this year.

  • 人社部:单位拖欠农民工工资将被列入“黑名单”

    MOHRSS: Employers in arrears with payment of wages to peasant-workers will be blacklisted

    人社部近日印发《拖欠农民工工资“黑名单”管理暂行办法》,自2018年1月1日起施行。《办法》指出,用人单位无故拖欠农民工工资,人社部门应当自查处违法行为并作出行政处理或处罚决定之日起20个工作日内,按照管辖权限将其列入拖欠工资“黑名单”。

    The Ministry of Human Resources and Social Security of the People's Republic of China (MOHRSS) issued the Interim Procedures for Blacklist Management over Defaulters on Payments of Wages to Peasant-workers, which will take effect as of January 1, 2018. As set out in the Procedures, if an employer defaults on payment of wages to peasant-workers without reason, the competent authority for human resource and social security shall include such employer in the blacklist of delinquent wage payers within 20 workdays of the date when both (a) the offence has been confirmed upon the investigation and (b) the decision to impose the administrative treatment or punishment has been made.

  • 深圳新规:子女可用公积金为父母购房还贷

    Shenzhen: Children are allowed to use their Housing Provident Fund for buying house or repaying loan for their parents

    日前发布实施的新版《深圳市住房公积金贷款管理规定》规定,子女的公积金可为父母贷款购房或偿还贷款。新规在明确公积金贷款支持职工家庭购买保障性住房、普通商品住房的同时,将人才住房也明确纳入公积金贷款的支持范围。

    According to the new Administrative Regulations of Shenzhen on Housing Provident Fund promulgated recently, the housing provident fund of a child may be used for raising a house mortgage loan or repaying loans for his or her parents. In addition to specifically providing for the support for employee families to buy affordable housing and ordinary commodity housing with provident fund loans, the new Regulations specially include housing for talents in the scope where housing provident fund loans may be used.

  • 浙江:取消有劳动能力但拒绝劳动者低保资格

    Zhejiang: Persons who are capable of work but refuse to work no longer eligible to receive subsistence allowance

    浙江省政府近日正式发布省政府令,公布修订后的《浙江省最低生活保障办法》。该办法指出,有劳动能力但拒绝劳动者等四类情形,将被取消其最低生活保障资格。

    The People's Government of Zhejiang Province released its order and published the amended Rules of Zhejiang Province on Subsistence Allowance. As set out in the Rules, four classes of persons, including those who are capable of work but refuse to work will be deprived of their eligibility to receive subsistence allowance.

  • 68.4%

    最新一项对2000多名受访者进行的调查显示,68.4%的受访者担心用人单位低缴社保会影响职工养老待遇,加大员工未来的养老压力与风险。79.6%的受访者表示公司低缴社保会影响其对公司的信任与评价。

    As shown by a survey of over 2,000 interviewees, 68.4% of the interviewees worry that under-contribution by the employers to the social insurance fund will prejudice pension benefits for employees, incurring greater pressure and risks to the employees in the future when they grow old. 79.6% of the interviewees indicate that their trust on and evaluation of a company will be prejudiced if the company under-contributes to the social insurance fund.

  • 200元

    海南省人社厅近日称,从2018年1月起,城乡居民基本养老保险最低缴费档次由每人每年100元提至每人每年200元,城乡居民基本养老保险最高缴费档次提高到5000元。

    According to the Department of Human Resources and Social Security of Hainan Province, the minimum bracket for an urban or rural resident to contribute to the basic old-age insurance will be raised from CNY 100 to CNY 200 per person per year and the maximum bracket for an urban or rural resident to contribute to the basic old-age insurance will be raised to CNY 5,000, effective as of January 2018.

  • 15天

    日前天津市人社局发布《通知》,明确天津市女职工正常生育产假为98天,分为产前假、产后假两部分,其中预产期前可以休假15天。《通知》还对增加产假的情形做了统一规定,如生育时遇有难产,应增加产假15天;多胞胎生育的,每多生育1个婴儿,增加产假15天。

    A few days ago, the Bureau of Human Resources and Social Security of Tianjin Municipality issued a Notice, specifying that a female employee of Tianjin is entitled to a normal childbearing maternity leave of 98 days consisting of the two parts of an antenatal leave and a postpartum leave, in which a leave of 15 days may be taken before the expected date of childbirth. The Notice also makes blanket rules on circumstances where the maternity leave shall be extended. Specifically, (a) in the event of difficult labor during the childbirth, 15 days shall be added to the maternity leave; (b) in the case of multiple births, 15 days shall be added to the maternity leave for each extra baby.

  • 10天

    《重庆市老年人权益保障条例(草案)》近日提交三次审议,三审稿明确规定:享受独生子女父母待遇的老年人,患病住院治疗期间,需要二级护理以上的,用人单位应当支持其子女进行护理照料,并给予每年累积不超过10天的护理时间,护理期间工资福利待遇不变。

    The Rules of Chongqing Municipality on Protection of the Rights and Interests of the Elderly (Draft) were submitted for the third deliberation recently, which expressly provides for the following: If an elderly entitled as a single-child parent needs nursing at level two or above during the period in which he or she is ill and receives treatment in a hospital, the employer of his or her child shall allow the child to deliver the nursing and care and grant up to 10 days leave for the nursing, during which period the remuneration and benefits for the child shall remain unchanged.

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