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#39  Jul 19, 2013    email version


Case study on dismissal of employees with outbound assignment


  • 支付报酬是否一定存在有劳动关系?
  • Does remuneration payment necessarily constitute labor relations?
  • 是否存在劳动关系的判定标准通常是工作汇报的对象、劳动合同的签订、劳动者是否接受公司的管理、劳动者是否知晓其代表或被授权源自于用人单位等等。
  • Whether labor relations have been formed, usually reflected in aspects such as to whom the work is reported, whether the labor contract is signed, whether the employee accepts the company's management, whether the employee understands that his representation and authorization is from the company, etc.
雇佣动态 / Employment Express
  • 人社部:用工比例初定不超10%

    Ministry of Human Resources and Social Security: rate of employment for labor dispatch workers is initially determined not to be over 10%

    目前,与新版《劳动合同法》相配套的多项法规条例都已进入征求意见阶段, 其中,对《劳务派遣条例》中的用工比例问题,人社部初步的规定是,用工单位雇佣劳务派遣工最多不能超过本单位职工总数的10%。同时,全国总工会提出的建议是,将10%的占比降低至5%,国资委的建议是提高至15%。

    At present, several regulations and rules corresponding to the latest edition of the Labor Contract Law have entered the phase of consultation, including the issue of employment rate in the Regulations on Labor Dispatching, the Ministry of Human Resources and Social Security initially stipulates that the number of the labor dispatch workers hired by an employer should not be over 10% of the total quantity of such employer's employees. In the meantime, ACFTU suggests to decrease such rate from 10% to 5%, while SASAC suggests to increase the rate to 15%.

  • 人社部:部分农民工主动放弃社保换工资

    Ministry of Human Resources and Social Security: part of migrant rural workers gives up social security in exchange of wage


    A Research Report of Implementation of Social Security Law recently released by the Ministry of Human Resources and Social Security shows that some employees in several domestic enterprises give up their social security in exchange of more direct income. Such employees mainly include migrant rural workers, persons engaged in individual business, and persons of flexible employment etc.

  • 广州:生育津贴应按月发放

    Guangzhou: maternity allowance should be issued monthly


    The Management Center of Social Security Fund of Guangzhou issues a notice, stipulating that from June of this year, Guangzhou will adjust the manner of issuance of maternity allowance. It also stipulates maternity allowance as a wage compensation issued to women employees during their maternity leave, and should be issued periodically together with their salary.

  • 广州本月实行失业保险浮动费率

    Guangzhou implements floating rate of unemployment insurance this month


    From this month, Guangzhou will implement a system of floating rate of unemployment insurance, according to which, the rate of payment by an enterprise featuring stable employment and fewer employees applying for unemployment compensation may be decreased to 0.9% or 1.2%.

  • 香港拟规定老人在广东也可领津贴

    Hong Kong plans to allow senior citizen to get allowance in Guangdong


    Ms. Lin Zheng Yuee, the Chief Secretary for Administration of Hong Kong, says that Hong Kong will carry out a “Guangdong Plan” in the second half of this year, allowing senior citizens over 75 years old and retiring in Guangdong to get Hong Kong’s pension.

  • 70%


    According to a newly released blue paper of Guangzhou’s Economy, Guangzhou’s labor market is in short supply of manpower, inducing difficulties of nearly 70% of enterprises with respect to recruitment. In addition to the current economic situation, Guangzhou’s low and unattractive salary is also an important reason.

  • 1%


    The statistics offered by Beijing Human Resources and Social Security Bureau show that there are 229000 university graduates in Beijing this year, among whom, 10% intend to start their own business but only 1% actually do so.

  • 4700万


    A survey recently made by the Ministry of Human Resources and Social Security shows that as of the end of 2012, the number of urban employees participating in endowment insurance increased more than 47 million compared with 2010, and the number of participants of urban medical insurance increased by 100 million.

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