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#244  Oct 27, 2017    email version

试用期解雇员工:“不胜任”与“不符合录用条件”千差万别

Dismissing an employee on probation: “Incompetence” is a far cry from “Failure to Meet Recruitment Conditions”

员工不胜任工作,但录用条件并没有关于业绩不达标可以解除合同这一项,可以以“试用期不符合录用条件”和他解除劳动合同吗?

If an employee is incompetent and there are no provisions on dissolving contract based on failure to achieve performance goal, is it OK if we can dissolve the labor contract with the employee on the excuse that he “fails to meet recruitment conditions during probation period”?

雇佣动态 / Employment Express
  • 地方性法规为“超生即辞退”支撑时代行将终结

    The era when bylaws supports that “employee giving birth to children outside the state plan faces dismissal” will be a thing of the past

    近日,全国人大常委会法工委分别向广东、云南、江西、海南、福建5个地方人大发函,建议这五地根据本省实际情况对地方人口与计划生育条例中有关企业对其超生职工给予开除或者解除劳动(聘用)合同的规定适时作出修改。这也表明,在一些地方实施了几十年的职工“超生即辞退”制度将退出历史舞台。

    Recently, the Legislative Affairs Commission of the Standing Committee of the National People’s Congress sent a circular to the local people’s congresses in Guangdong, Yunnan, Jiangxi, Hainan, and Fujian, suggesting the five provinces’ appropriate modification according to the local actual situations to provisions in local regulations on population and family planning concerning the dismissal of, or termination of labor (employment) contract with, employees who have more than one child by the relevant enterprises. It also shows the system that “employee giving birth to children outside the state plan faces dismissal”, which has been in place in some regions for decades, will become a thing of the past.

  • 北森发布《2017中国企业绩效管理成熟度报告》

    Beisen releases “2017 China Enterprise Performance Management Maturity Report”

    近日,北森云计算发布《2017中国企业绩效管理成熟度报告》,报告显示,76%的企业依然在采用KPI的模式,占绝对主流,并且在将来的一段时间都将仍是主流的绩效管理模式。

    The “2017 China Enterprise Performance Management Maturity Report” released by Beisen Cloud recently shows that 76% of enterprises are still using the KPI model. They account for an absolute majority, and KPI model will still be the mainstream performance management model for some time to come.

  • 深圳:拟明确停工留薪期确认条件及劳动能力鉴定

    Shenzhen: Conditions for confirmation of paid suspension from work and assessment of labor ability are to be defined.

    20日,《深圳市劳动能力鉴定管理办法(草稿)》公开征求意见,拟建立鉴定总检和复核制度,其亮点在于拟明确停工留薪期确认、工伤与病情关联性确认和工伤复发鉴定这三种问题较为突出的鉴定类型。

    On the 20th day, “Measures of Shenzhen City for Administration of Assessment of Labor Ability (draft)” are released to solicit for public opinions. The system of general inspection and review is proposed to be established. The highlights are to define the confirmation of three prominent types of issues: confirmation of paid suspension from work, confirmation of work-related injury and disease correlation, and the assessment of recurrence of work-related injury.

  • 湖北:独生子女可享10天带薪护理假

    Hubei: Patients with one child is entitled to a 10-day paid nursing leave

    近日,湖北省修订通过了《湖北省实施〈中华人民共和国老年人权益保障法〉办法》。《办法》明确,独生子女的父母年满60周岁,患病住院治疗期间,用人单位应当支持其子女护理照料,并给予每年累计不超过10天的护理时间,护理期间工资福利待遇不变。

    Recently, Measures of Hubei Province on Implementation of Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly have been amended and adopted. According to the Measures, “where one-child parents aged 60 years old and above are hospitalized due to illness, the employer shall give their child support to take care of the parent and grant no more than 10 days of nursing leave to the child cumulatively in a year, and the salary during the nursing leave shall be the same as the normal working periods.”

  • 7599元

    近日,智联招聘发布一份针对白领求职的调查报告,报告显示,今年秋季,全国37个主要城市的白领平均招聘月薪为7599元,环比上升。从招聘竞争程度来看,平均约30人竞争一个岗位。

    Recently, a survey report on employment of white collars released by Zhaopin.com shows that the average monthly salary of white collars in 37 major cities in this autumn is 7,599 yuan, showing a month-on-month growth. In terms of competition for jobs, about 30 candidates are competing for one job on average.

  • 4100人

    近日,爱立信在财报中公布,三季度已在全球裁员4100人左右。爱立信方面向媒体表示,全球范围都会开展裁员的工作,各市场区会根据各自的具体情况决定规模,也包括中国区。

    Recently, Ericsson announced in its financial report that 4,100 workers have been laid off globally in the third quarter. Ericsson told the media that layoffs would be carried out globally, and market areas including China region will determine the scale of layoff based on their specific situations.

  • 25.2%

    近期,针对14096名职场精英(工作2年以上,年薪超过10万)2017年第四季度的跳槽意愿进行东西一项调查表明,职场精英跳槽意愿渐涨,25.2%的人有跳槽的计划。

    Recently, the survey on the intention of 14,096 elite workers (working for more than 2 years, with an annual salary of over 100,000 yuan) for job-hopping in the fourth quarter of 2017 shows that elite workers show preference for job-hopping, as 25.2% of them have job-hopping plans.

  • 200元

    云南人社厅发布通知,从今年1月1日起,云南省调整工伤职工伤残津贴、生活护理费及工亡职工供养亲属抚恤金,其中,伤残津贴最高月增将达到200元,此次调整后达不到统筹地最低工资标准的将补足到最低工资标准。

    The notice issued by Yunnan Human Resources and Social Security Department states that as of January 1 of this year, Yunnan government will adjust the disability allowance for workers with work-related injury, life care fees and pension for the family of the deceased workers. The maximum monthly increase of disability allowance will reach 200 yuan. Minimum wage standard applies if these fees after adjustment do not reach the minimum wage in overall planning area.

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