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#278  Jul 06, 2018    email version

工伤赔偿协议效力问题

Effectiveness of the work-related injury compensation agreement

单位没有给员工缴纳工伤保险,现一员工发生工伤,单位想要与劳动者达成赔偿协议,如若劳动者又提起仲裁和诉讼,要求单位按照工伤保险待遇赔付,我们签订的赔偿协议还有效吗?

Our company did not contribute the work-related injury insurance for employees. Now one employee has encountered work-related injury and the company wants to reach a compensation agreement with the employee. However, if the employee files for arbitration and litigation afterwards, asking the company to make compensation based on treatments of the work-related injury insurance, will the compensation agreement signed between us be valid by then?

  • 加班费基数该如何确定?
  • How should the base for overtime pay be determined?
  • 单位员工由于需要经常加班,对于员工的加班费基数应该如何确定,我单位可否不按照员工的工资标准与员工约定具体数额?
  • Given that the employees of our company need to work overtime frequently, how should the base for overtime pay be determined? Can we agree an amount with the employee without following the employee's wage standard?
雇佣动态 / Employment Express
  • 河北:出台社保基金监督举报办法 最高可奖3万元

    Hebei: Measure for Superintendence over and Denunciation of Social Insurance Funds Promulgated - 30 Thousand Awarded at Maximum

    河北省人社厅近日出台《河北省社会保险基金监督举报工作管理办法》,办法中列举了十四种违法违规行为,同时确定建立举报奖励机制。《举报办法》规定,今后将按查实侵害社保基金金额的一定比例对实名举报人予以奖励,并设立了500元至3万元的奖励额度,将于2018年7月1日同步实施。

    Recently, Hebei Provincial Department of Human Resources and Social Security has promulgated Administrative Measures for Social Insurance Fund Superintendence and Denunciation of Hebei Province, in which fourteen illegal and foul behaviors are enumerated, as well as decided to establish an incentive system for denunciation. Measures for Denunciation stipulates that real-name informers will be rewarded at certain ratio of verified amount of infringed social insurance funds in the future, and a reward quota has been set up between 500 CNY and 30 thousand CNY, which will be implemented synchronously starting from July 1, 2018.

  • 江苏:7月1日起怀孕不满3个月可休保胎假

    Jiangsu: Fetus Protection Leave Allowed for Pregnancy under 3 Months Starting from July 1

    据媒体报道,《江苏省女职工劳动保护特别规定》将于7月1日正式施行。其中,首次将女职工全孕程保护纳入规章,怀孕不满3个月确需保胎休息的,可以休“保胎假”。

    According to coverage of media, Jiangsu Province Special Rules on the Labor Protection of Female Employees will be implemented officially starting from July 1. It will be the first time to include whole-pregnancy protection for female employees in the regulations. Those pregnant under 3 months who do need to have days off for fetus protection may take a "fetus protection leave".

  • 58同城员工发布不当言论惹众怒 官方回应:已解除劳动合同

    A 58City employee released inappropriate remarks that provoked the masses Official response: Labor contract has been dismissed

    近日,上海世外小学发生一起恶性事件造成两名男童死亡,58同城一名员工在微信朋友圈发布言论称,陌生男子报复社会的消息都听说了吧。我这个月达不成业绩,下一个上新闻的就是你们。针对该员工发布的朋友圈内容,58同城官方微博回应表示,已经与该员工解除劳动合同。

    Recently, two male kids died from a malicious event taking place outside Shanghai World Foreign Language Primary School. One employee of 58City published a comment in his friend circle of WeChat whether everyone has heard about the news that a male stranger took revenge against the society. If I fall short of performance this month, you will be the next ones to appear in the news. Against the content this employee had published in his friend circle, 58City gave a response in its official microblog, expressing that it had dismissed labor contract with that employee.

  • 日本:参议院通过劳动方式改革相关法案

    Japan: Senate reforms relevant acts by labor means

    日本国会参议院全体会议近日在反对声中通过安倍政府力推的劳动方式改革相关法案,法案中,面向部分高收入专业岗位提倡以劳动成果而非劳动时间来评价劳动者的工作业绩,并规定可以不受加班时间上限的限制,这被认为可能增加过劳死等问题发生的风险,因此受到部分在野党和日本各界的强烈反对。

    The plenary meeting of Senate of Japanese Parliament has recently reformed relevant acts by the labor means impelled by the Abe Government amid objecting voices. In the acts, faced with some high-income professional posts, it is advocated that laborers' work performance be appraised in terms of fruits of labor rather than in terms of labor time, and it is stipulated that laborers may be free from the restriction of upper limit on overtime, which is reputed likely to increase the risk of such issues of over-working death, hence strongly objected by some parties out of power and all communities in Japan.

  • 2120元

    6月29日,北京市人力资源和社会保障局宣布,按照国家要求,经北京市委、市政府批准,北京市对最低工资标准进行调整,由每月2000元调整为每月2120元,增加120元。

    On June 29, Beijing Municipal Human Resources and Social Security Bureau announced that Beijing municipality would adjust the minimum wage standard from 2000 CNY per month to 2120 CNY per month by a monthly increment of 120 CNY as per national requirements, as approved by Beijing municipal Party committee and municipal government.

  • 1550元

    近日,四川将对全省现行最低工资标准进行调整,将月最低工资标准调整为1550元/月、1650元/月、1780元/月,各档上调幅度分别为23.0%、19.6%、18.7%。将从7月1日起开始执行。

    Recently, Sichuan has decided to adjust the monthly minimum wage standard prevailing all throughout the province to 1550 CNY per month, 1650 CNY per month and 1780 CNY per month by an increment of 23.0%, 19.6% and 18.7%, respectively. This new standard will be implemented starting from July 1.

  • 2700

    据媒体报道,7月2日,将有2700人从深圳到东莞松山湖溪流坡村上班。华为内部人士表示,这次搬迁除研发团队外,还包括其他部门人员。华为搬迁背后,折射出企业壮大后,对研发成本、城市房地产成本和人员成本高企,而导致各类成本增加的多种考量。

    According to the coverage of media, there will be 2700 individuals to go to work from Shenzhen to Xiliupo Village, Songshan Lake of Dongguan starting from July 2. Insiders of Huawei express this relocation involves not only the R&D team but also personnel from other departments. From behind the relocation of Huawei, multiple considerations have been reflected over the increase of various costs ranging from R&D cost to urban real-estate cost to personnel cost as the enterprise becomes stronger and stronger.

  • 1500人

    7月3日,据国外媒体报道,HTC表示,将在台湾制造部门裁减1500个岗位。这样的裁员规模,相当于其全球员工总数6450人的约25%。HTC表示,此项优化台湾制造部门的计划将使公司得以进行更加有效和灵活的资源管理,预计将在9月底前完成裁员。

    On July 3, HTC expressed it would slash 1500 posts from the manufacturing department in Taiwan, according to the coverage of foreign media. Such downsizing scale is equivalent to roughly 25% of total number 6450 of its employees all around the globe. HTC expressed this program to optimize the manufacturing department in Taiwan would enable the corporation to manage resources more effectively and flexibly. It is predicted that the downsizing will be completed before late September.

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