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#271  May 18, 2018    email version

劳动合同中约定“劳动合同到期后自动顺延”条款是否有效?

Whether the clause in the labor contract that “the labor contract shall be automatically extended upon expiration” is valid?

员工以延长期间我司未与其签订书面劳动合同为由要求我司支付其二倍工资,我司对此该如何应对?

The employee charges two times of original salary against our Company on the ground that our Company fails to execute a written labor contract with him during the extended duration. How do we deal with such request?

  • 关于集体合同的续签问题
  • Issue on the renewal of collective contract
  • 关于集体合同的续签,用人单位是否必须提前3个月与职工代表进行协商?如果公司选择不予续签,有什么法律风险?
  • Regarding the renewal of collective contract, is it necessary for the employer to negotiate with employees’ representative ahead of three (3) months? What are the legal risks if our Company refuses the renewal?
雇佣动态 / Employment Express
  • 三部委:改进住房公积金缴存机制 进一步降低企业成本

    Three ministries and commissions: Improve the contribution mechanism of housing provident fund to further reduce the enterprise costs

    近日,住建部、财政部、央行三部委发布《关于改进住房公积金缴存机制进一步降低企业成本的通知》。《通知》要求,住房公积金缴存比例下限为5%,上限由各地区按照相关程序确定,最高不得超过12%。缴存单位可在5%至当地规定的上限区间内,自主确定住房公积金缴存比例。

    Recently, Ministry of Housing and Urban-Rural Development, Ministry of Finance and the central bank released the Notice on Improving the Contribution Mechanism of Housing Provident Fund to Further Reduce the Enterprise Costs. According to the Notice, the lower limit of contribution rate for housing provident fund is 5%, and the upper limit shall be determined as per relevant procedures in different regions, with a cap of 12%. The contributing unit may independently determine the contribution rate of housing provident fund within the range from 5% to the local upper limit.

  • 财政部:职工教育经费低于工资总额8%部分可税前扣除

    Ministry of Finance: Employee education fund not exceeding 8% of total salaries and wages may be subject to pre-tax deduction

    近日,财政部网站面向各省、自治区、直辖市等发布《关于企业职工教育经费税前扣除政策的通知》。为鼓励企业加大职工教育投入,决定企业发生的职工教育经费支出,不超过工资薪金总额8%的部分,准予在计算企业所得税应纳税所得额时扣除;超过部分,准予在以后纳税年度结转扣除。

    Recently, the official website of the Ministry of Finance issued the Notice on the Policy of Pre-tax Deduction of Employee Education Funds of Enterprise to all the provinces, autonomous regions, and municipalities directly under the Central Government. For the purpose of encouraging enterprises to increase the investment in employee education, the portion of employee education expenditures incurred by the employer not exceeding 8% of the total salaries and wages may be deducted from the taxable income of the enterprise income tax, and the excess shall be allowed to be carried forward to the following taxable year for deduction.

  • 中日签署社保协定 减轻双方企业人员缴费负担

    China and Japan signed social security agreement to reduce the contributions by the corporate personnel from both sides

    据媒体报道,根据近日签署的中日间有关社会保障协定,日本将免除中国在日本投资企业的派遣员工、船员、空乘人员、外交领事机构人员和公务员缴纳厚生年金和国民年金的义务,中国将免除日本上述人员缴纳职工基本养老保险的义务。

    It's been reported recently that, according to social security agreement concluded by and between the Chinese and Japanese governments, Japanese government will exempt the dispatched employees, ship crew and flight attendants of the Chinese enterprises with investments in Japan, as well as the diplomatic & consular personnel and civil servants, from the obligation to pay welfare pension and national pension, and Chinese government will, in return, relieve the obligations of the said relevant personnel from Japan to pay the basic endowment insurance.

  • 欧宝:暂停员工自愿离职方案 担忧人才流失严重

    Opel: Suspend the employee's voluntary separation scheme for fear of serious talent drainage

    近日,欧宝公司向记者表示,目前已经暂停执行员工自愿买断离职方案,可能会在欧宝管理层同公司员工委员会在5月底开会讨论之后再恢复正常。原因是近几个月内欧宝已经有多位高级员工离职,一些核心工程师甚至跳槽到了欧宝的竞争对手宝马公司,另外还有人转投大陆集团以及捷豹路虎。

    Opel said to the reporters lately that the company had suspended the implementation of the employee's voluntary buyout packages, which may be resumed upon the meeting to be held between Opel management and the company's employee committee in late May. The reason for this decision is that in recent months, several senior officers have left Opel and some of the core engineers have even switched to Opel’s competitor BMW. What's worse, some employees have turned to Continental Group and Jaguar Land Rover.

  • 300元

    近日,江苏省人社厅发布消息,从6月1号起,江苏省高温津贴标准从原来的每月200元提高至每月300元,支付时间为4个月。用人单位原则上按月计发劳动者高温补贴,纳入工资总额,按规定税前扣除。

    Recently, Jiangsu Provincial Department of Human Resources and Social Security released a notice that the standard of high-temperature subsidy in Jiangsu would be raised from 200 yuan/month to 300 yuan/month as of 1st June for 4 consecutive months. The employers shall distribute the high-temperature subsidy to the employees on a monthly basis, and such subsidies shall be included in the total amount of wages for pre-tax deductions as required.

  • 300元

    近日,据媒体报道,从4月1日起,江西省将城乡居民基本养老保险缴费标准由原来的每年100元至2000元12个档次,调整为每年300元至3000元11个档次,最低缴费标准由100元提高到300元。

    According to the media reports recently, Jiangxi Province has adjusted the contribution rates of basic endowment insurance for urban and rural residents from the original 12 grades (100 yuan to 2,000 yuan per year) to the current 11 grades (300 yuan to 3,000 yuan), and has also raised the minimum contribution rate from 100 yuan to 300 yuan since 1st April.

  • 1600

    近日,苏宁易购公告称,拟推出第三期员工持股计划,资金总额不超5亿元,涉及员工总人数不超1600人,其中董事和高管共9人,持股计划存续期48个月。

    Recently, Suning announced that it was planning to launch the third phase of the employee stock ownership plan (ESOP), with a total capital of no more than 500 million yuan and a total of 1600 employees covered, including 9 directors and senior executives. The term of the ESOP would be 48 Months.

  • 5小时

    近日,澳洲一些公司缩减了员工的工作时长,其中一家公司不但每天只需上班5小时,还能拿全额工资。这家金融财务公司名叫Collins SBA,该公司员工每天只要工作做完,就可在下午2时下班,享受私人时间。

    In recent days, some Australian companies have cut down the working hours for their employees, and one of these companies even allows its employees to work for only 5 hours a day on full pay. This finance company is called Collins SBA, and its employees are allowed to get off duty at 2 pm to enjoy their private time as long as they have finished the work.

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