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#38  Jul 12, 2013    email version

员工贪污盗窃,公司可以要求担保人赔偿吗?

Can the employer require the guarantor to compensate should the guaranteed engages in corruption or theft?

劳动关系的主体之间并不是完全平等的,企业对招聘的劳动者有一定的支配、管理权力,双方存在一定的隶属关系。因此,劳动关系不符合《担保法》规定的设立担保的法定条件。

The most distinctive feature of labor relations is that the two sides are not entirely equal: the enterprise has a certain power of dominance and management over the employees, so the two sides are in subordinate relations to a certain extent. As a result, labor relations do not meet the statutory conditions for the establishment of guarantee as stated in the Guarantee Law.

  • 如何防范内部员工贪污、欺诈?
  • How to Prevent Corruption and Fraud of Internal Employees?
  • 实践中,尽管有法律的约束,但员工欺诈事件仍不胜枚举,为了降低公司内部员工的贪污、欺诈行为的概率,我们主张公司建立反员工欺诈、贪污的应对手段。
  • In practice, despite of legal constraints, frauds of internal employees are countless. To reduce the rate of corrosion and frauds of internal employees, it is submitted that the following measures should be established in the company for anti-corrosion and frauds.
雇佣动态 / Employment Express
  • 国务院通过《中华人民共和国外国人入境出境管理条例(草案)》

    The State Council has passed the Regulation on Management of Foreigner’s Going into and out of Country of the People’s Republic of China (draft).

    《中华人民共和国外国人入境出境管理条例(草案)》日前经国务院常务会议审议通过。

    Recently, the executive meeting of the State Council examined and passed the Regulation on Management of Foreigner’s Entry into and Departure from Country of the People’s Republic of China (draft).

  • 企业年检费等33项行政收费将取消和免征

    33 administrative charges such as enterprise annual inspection fee will be rescinded and exempted

    财政部、国家发改委近日发出通知,决定自2013年8月1日起,取消和免征企业年度检验费等33项行政事业性收费。

    The Ministry of Finance and the NDRC issued a notice recently, deciding to rescind and exempt from 33 administrative charges including enterprise annual inspection fee from Aug. 1st, 2013.

  • 18省上调最低工资标准 上海最高

    18 provinces increase minimum wage standard, with Shanghai being the highest

    2013年全国已有18个省区市先后上调了最低工资标准。从绝对数上看,上海月最低工资标准达到1620元,系全国最高;而小时最低工资标准最高的为北京和新疆,均为15.2元。

    In 2013, 18 provinces and regions have successively increased their minimum wage standards. From the point of absolute value, Shanghai’s standard is the highest in the nation, attaining 1620 yuan. The highest minimum hourly wage standard appears in Beijing and Xinjiang, both being 15.2 yuan.

  • 上海:租房有备案才能办新居住证

    Shanghai: new residence card requires house-renting record

    《上海市居住证管理办法》日前正式实施。办理新居住证,除了需要签劳动合同和参加社保外,外来人员租房必须去房产部门备案。

    The Management Rules of Residence Card of Shanghai was formally implemented recently. In addition to concluding labor contract and participating in social security program, migrant resident must register his/her rent of house in order to obtain a new residence card.

  • 北京上调丧失劳动能力工伤人员护理费

    Beijing increases nursing fee for employee suffering from work-related injury and losing labor ability

    本月起,北京市将上调对丧失劳动能力工伤人员的护理费,调整额度最高的涨275.5元。调整范围为去年年底前享受生活护理费待遇的工伤人员。

    From this month, Beijing boosts nursing fee for employee suffering from work-related injury and losing labor ability, increasing by 275.5 yuan at most. The adjustment will apply to the employee suffering from work-related injury and enjoying nursing fee before the end of the previous year.

  • 14.1%

    中智薪酬近日发布的企业用工及薪资趋势调研结果显示,参与调查的300多家沪企(64.7%为100人以上规模)中,有两成“新人”离职,其中14.1%是主动提出离职,6.1%则是被辞退。

    CIIC Salary recently released the results of its survey of the trend of enterprise employment and salary, showing that, among more than 300 enterprises (64.7% of which have more than 100 employees) participating in this survey, there are 20% of new employees leaving their posts, among who, 14.1% resign and 6.1% are dismissed.

  • 68.8%

    外企人力资源服务有限公司(FESCO)发布调研报告显示,劳务派遣方式普遍存在于近6成企业当中,而北京的比例最高,有68.8%的企业正在使用派遣用工。

    The survey report issued by FESCO shows that the mode of labor dispatch exists widely in nearly 60% of enterprises. This proportion is the highest in Beijing. 68.8% of enterprises are using employees under labor dispatch.

  • 163万

    广东省人社厅提供的数据显示,初步统计广东省现有劳务派遣单位7600多户,被派遣劳动者163万人。

    The data provided by the Department of Human Resources and Social Security of Guangdong Province show that, according to preliminary statistics, there are more than 7600 labor-dispatching entities in Guangdong Province and 1.63 million employees under labor dispatch.

  • 5113.75亿

    人力资源和社会保障部社会保险基金监督司发布的数据显示,截至今年一季度末,建立企业年金的企业已达57485家,积累金额达到5113.75亿元。

    The data released by the Department of Insurance Fund Supervision of the Ministry of Human Resources and Social Security show that, as of the end of the first quarter of this year, there are 57485 enterprises establishing enterprise annuity, which have reached 511.375 billion yuan in aggregate.

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