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#270  May 11, 2018    email version

员工医疗期内达到法定退休年龄的,可否终止劳动合同?

If an employee reaches the statutory retirement age during the medical treatment period, can the labor contract with the employee be terminated?

我司某员工已经达到法定退休年龄,但由于其社会保险缴费年限不足,尚无法享受养老保险待遇;而且该员工尚处于医疗期内,我司能否与该员工终止劳动合同?

One of our employees has reached the statutory retirement age but his number of years of social insurance contribution is insufficient, so he could not enjoy the old-age insurance. Meanwhile, the employee is still in the medical treatment period. Can our company terminate the labor contract with the employee?

雇佣动态 / Employment Express
  • 日本电子巨头奥林巴斯宣布撤离深圳

    Japanese electronics giant Olympus announced to withdraw from Shenzhen

    5月7日,深圳奥林巴斯最高负责人小松享,通过广播向全体员工正式宣布:深圳工厂于5月7日起停产停工。但在深圳奥林巴斯公司发布的公告中,未给出具体的离职补偿方案,据悉,双方仍在协商当中。

    On May 7, Toru Komatsu, the head of Shenzhen Olympus, announced to all employees via radio broadcasting that the company would shut down Shenzhen factory as of May 7. However, the announcement made by Shenzhen Olympus didn't provide the detailed separation compensation scheme. It is said that the company is still negotiating with employees.

  • 天津:出台办法 24小时连续作业禁止“两班”轮流

    Tianjin: Measures have been promulgated, prohibiting "two shift" rotation under 24 hours of continuous operation

    近日,天津市制定出台特殊工时工作制行政许可管理办法,国家机关、事业单位、社会团体和与其建立劳动关系的劳动者依照本办法执行。其中对于需要24小时连续作业的岗位,用人单位应当实行多班工作制,禁止“两班”连续轮流作业。

    Tianjin has recently promulgated the Measures on the Administrative Licensing of Special Working Hour Systems, which shall apply to state organs, public institutions, social organizations, and employees with whom the foregoing institutions have established labor relations. For posts that require 24 hours of continuous operations, the employer shall implement the multiple-shift working system, while the "two shift" continuous rotation is prohibited.

  • 耐克:女员工“起义”反性骚扰 迫6男高层离职

    Nike: Female employees "rebel" against sexual harassment, with 6 male senior executives forced to resign

    近日,美国运动品牌Nike一名女高层去信行政总裁帕克劝谏,引发女职员合力“起义”,揭发公司内部性骚扰及性别歧视丑闻,包括遭上司企图强吻、同事言语侮辱及评头品足等。她们逼使包括公司主席在内的6名男高层离职,连帕克的接班人亦被拉下台。

    Recently, a female executive of the America's sports brand Nike wrote a letter to its CEO Parker, which led to the concerted "rebellion" of female employees to expose sexual harassment and sexist scandals within the company, including attempted kisses from the supervisors, insulating and judgmental languages from coworkers, etc. They forced 6 male senior executives including the company's President to resign. The successor of Parker was also brought down.

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    New Zealand: Companies provide humanized management for employees who need to look after their babies

    最近一项最新调查显示,有越来越多的新西兰公司,为家中有需要看顾的孩子的员工提供更加人性化的管理模式。从不同的弹性工作方式来看,18%的公司会为在职父母提供灵活的工作时间,34%的公司允许员工在家工作,22%允许员工根据需要调整上下班时间,还有8%甚至只让员工上4天班。

    A recent study shows that more and more companies in New Zealand are implementing a more humanized management model for employees who need to take care of their babies. Different flexible methods have been adopted. 18% of the companies provide flexible hours for working parents, 34% allow employees to work from home, 22% allow employees to adjust commuting time as needed, and 8% of them even allow employees to work only 4 days a week.

  • 5.5%

    近日,山东省调整全省最低工资标准。调整后的月最低工资标准分为三档,分别为1910元、1730元、1550元。山东省还同步调整小时最低工资标准,三档分别为19.1元、17.3元、15.5元,调整后的最低工资标准和小时最低工资标准平均增幅为5.5%,将从今年6月1日起执行。

    Recently, the minimum wage standard in Shandong province has been adjusted. After the adjustment, the new standard is divided into three levels: the minimum monthly wage will be RMB 1,910, RMB 1,730 and RMB 1,550 respectively; Shandong Province also adjusts the minimum hourly wage standards, and the three levels are adjusted to RMB 19.1, RMB 17.3 and RMB 15.5 per hour respectively. After the adjustment, both the minimum wage standards and the minimum hourly wage standards have an increase of 5.5% on average. The new standards will be implemented as of June 1 of this year.

  • 50%

    近日,从江苏省人社厅获悉,5月起,南京市、无锡市本级、徐州丰县等35个统筹地区的工伤保险费率在国家规定的现行费率基础上降低50%;吴江、常熟、昆山等15个统筹区的费率降低20%。降低费率的期限暂执行至明年4月30日。

    According to the recent news of Jiangsu Provincial Department of Human Resources and Social Security, from May, the rate of work-related injury insurance premiums of 35 districts within the planning, including Nanjing, Wuxi city area, Feng county of Xuzhou, etc., will be further reduced by 50% on the existing rate while that of 15 districts within the planning, including Wujiang, Changshu, and Kunshan, will be reduced by 20%. The reduced rates will be implemented until April 30 of next year.

  • 1万元

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    Recently, Kunming Municipal Bureau of Human Resources and Social Security released the Regulation of Kunming on Enterprise Wage Payment (Revised Draft) to solicit public opinions. The Regulation raises the cost for employers to break the law. For example, if the employer fails to provide employees with the salary breakdown list or has other scenarios and fails to make corrections within the prescribed period of time, a fine of more than RMB 5,000 but less than RMB 10,000 may be imposed.

  • 17万元

    近日,小米招股书披露显示,小米2017年雇员工资、薪金和花红开支共24.28亿元,如按2018年3月31日14513万名员工计算,每位员工的年均工资仅为17万元左右。

    According to Xiaomi's prospectus disclosed recently, Xiaomi spent RMB 2.428 billion on employee wages, remunerations, and bonuses in 2017. If calculating based on a total of 14513 employees as at March 31, 2018, the average annual remuneration of Xiaomi employees is around RMB 170,000.

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