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#284  Aug 17, 2018    email version


Where an employee is incompetent to his/her work yet refuses to accept the adjustment of his/her position, could Company terminate the labor contract on the ground of violating the labor discipline?


Where an employer adjusts the position of any incompetent employee, but the said employee refuses such adjustment or corresponding training arranged, whether the employer may terminate the labor contract with the said employee on the ground of violating the labor discipline?

雇佣动态 / Employment Express
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    According to an article released recently, “the latest Labor Law stipulates that, if an employee shows his/her willingness of waiving the purchase of social insurance by signature, the said employee may collect given amount of indemnity on demission.” With regard to this issue, it is clarified by the Ministry of Human Resources and Social Security that, the aforesaid latest provision does not exist at all, and the Undertaking of Willing Waiver of the Purchase of Social Insurance executed by an employer and any employee enjoys no legal validity.

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    A female staff of Mobike reported that, many employees had suffered the sexual harassment of a leader there.


    Recently, the screenshot of a report letter submitted by a female staff of Mobike for suffering the sexual harassment of a leader there went viral. As claimed by the female engineer of Mobike SPE Front-end Group admitted in Aug. 2017, ZHANG Yaochun, the Principal of Mobike Customer-end & Front-end Group had committed sexual harassment against three female subordinates with her inclusive, and suppressed colleagues going against his intention by abusing functions and powers. Therefore, she chose to report to the company.

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    Zhejiang province: it is confirmed that, work-related injury insurance may be paid for intern students and personnel over the retirement age.


    According to the Guidance on the Trial Implementation of Work-related Injury Insurance for Intern Students from Vocational Schools during Internship and Personnel over the Retirement Age during Continuous Employment Period issued by Zhejiang Province recently, the insurance payment, work-related injury certification, labor ability assessment and treatment standards of intern students and personnel over the retirement age included into trial insurance shall be subject to the Regulations on Work-related Injury Insurance, the Regulations on Work-related Injury Insurance in Zhejiang Province and relevant supporting provisions.

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    It is exposed that, Samsung shall suspend the operation of its factory in Tianjin for the dilemma in the smartphone market.


    According to the media report on 13, Samsung considered to temporarily stop the operation of Tianjin Samsung Communication Technology Co., Ltd. as a result of sharp decline of sales volume and mounting labor cost. Samsung made the following reply: “Due to the deceleration of growth momentum, the entire smartphone market is confronted with difficulties, for which Tianjin Samsung Communication Technology Co., Ltd. plans to give its priority to the improvement of competitiveness and efficiency.”

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    Recently, LinkedIn, a career social platform made statistical analysis for the public archives of 150,000 LinkedIn users, and found that, the generation after 95s leaves office seven (7) months upon admission on average; the first job of them takes on the obvious concentration trend in industry selection and generally other than the ideal one of them.

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    According to the Provisions on the Protection of the Rights and Interests of the Aged issued by Henan Province recently, if the aged with honor certificate for the parents of a single child is hospitalized, the employer of the single child shall grant the annual nursing leave no less than twenty (20) days, during which the single child shall be deemed as attendance. The said Provisions shall be effectuated since Jan. 1 of the next year.

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    According to HE Yafu, an expert and scholar of population and procreative management, although the National Health Commission hasn’t released the data of the newborn in the first half of this year, it is certain that, the number is less than that in the first half of last year. Therefore, the probability of fully liberalizing the childbearing policy in the next year is up to 90%.

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