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#284  Aug 17, 2018    email version

员工不胜任工作,拒绝调岗的,可否以违反劳动纪律为由解除劳动合同?

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?

用人单位对不胜任员工其进行调岗,但员工拒绝调岗和参加培训,此种情形下用人单位可否以员工违反劳动纪律解除劳动合同?

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
  • 员工自愿放弃社保离职时可领赔偿金?人社部:谣言

    Where an employee is willing to waive social insurance, could the said employee collect given amount of indemnity on demission? Ministry of Human Resources and Social Security: it’s a rumor.

    近期,一篇文章称“根据劳动法最新规定,如果员工签字自愿放弃购买社会保险,离职时就可以从企业处拿到一笔赔偿金”。对此,人社部称,不存在上述所谓的最新规定,用人单位与员工签订的《员工自愿放弃购买社保(申请)承诺书》确实不具有法律效力。

    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.

  • 摩拜女员工举报领导性骚扰 称多人受害

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

    近日,网络上流传摩拜单车女员工称遭领导性骚扰举报信截图。自称为2017年8月入职的摩拜SPE前端组女工程师称,摩拜客户端&前端组负责人张耀春对包括自己在内的3名女下属性骚扰,利用职权打压违背他意愿的同事。因此向公司举报。

    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.

  • 浙江:确定实习生、超退休年龄人员可缴纳工伤保险

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

    近日,浙江省发布《关于试行职业技工等学校学生在实习期间和已超过法定退休年龄人员在继续就业期间参加工伤保险工作的指导意见》,确定各地纳入试行参保的实习生和超龄就业人员,参保缴费、工伤认定、劳动能力鉴定、待遇标准等按照《工伤保险条例》《浙江省工伤保险条例》及相关配套规定执行。

    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.

  • 三星被曝将暂停天津工厂运作 智能手机市场面临困难

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

    13日,据媒体报道,由于销售锐减加上劳工成本上升,三星电子正考虑暂停天津三星通信技术有限公司手机生产厂的运作,对此,三星电子回应称:“由于增势放缓,整个智能手机市场面临困难,三星电子的天津通信技术公司计划侧重于可提高竞争力和效能的活动。”

    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.”

  • 7个月

    近日,职场社交平台领英针对15万份领英用户的公开档案统计分析发现,95后平均在职7个月就选择离职,职场人第一份工作在行业选择方面呈现显著的集中化趋势,而第一份工作往往都不是职场人的理想工作。

    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.

  • 20天

    近日,河南省出台《老年人权益保障条例》,条例规定,领取独生子女父母光荣证的老年人,在住院治疗期间,其子女所在单位应当给予每年累计不少于二十天的护理假,护理假期间视为出勤,明年1月1日起施行。

    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.

  • 90%

    近日,人口与生育问题专家学者何亚福表示,虽卫健委尚未发布今年上半年新生儿的出生数据,但毫无疑问,将会比去年上半年的数据还少,为此,明年有九成的概率推进全面放开生育政策。

    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%.

  • 9225亿元

    今年1-7月,个人所得税9225亿元,同比增长20.6%。有专家预计,今年个税收入或超2014年一倍,增长速度远远超过工资增幅。

    From January to July of this year, the individual income tax was up to RMB 922.50 billion with year-on-year growth of 20.6%. As anticipated by experts, the individual income tax revenue of this year may exceed twice of that in 2014, having growth rate well past wage increase.

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