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#4  Nov 01, 2012    email version

可否以董事会解聘为由与高管解除劳动关系?

Can an Employer Terminate Labor Relations with the Employee because of the Dismissal by the Board of Directors?

在公司董事会上,董事会决定撤销张某总经理职务。次日,公司人力资源部又以“张某已不再担任公司总经理一职”为由解除与其劳动合同。张某不服,提起申诉,要求公司支付违法解除劳动合同的赔偿金。

Mr. Zhang was relieved from the post of general manager at the board meeting. On the following day, Mr. Zhang received the termination notice from the HR department because he no longer served as the general manager. Mr. Zhang disagreed with the settlement and applied for arbitration, claiming damages due to the illegal termination of his labor contract.

雇佣动态 / Employment Express
  • 财政部拟修订职工薪酬会计准则

    Ministry of Finance to Promulgate Accounting Principle for Employees’ Remuneration

    财政部会计司正在修订准则《企业会计准则第9号职工薪酬》,主要内容包括:充实了关于短期薪酬会计处理规范,将企业为职工缴纳的养老、失业保险调整至离职后福利等。

    Accounting Division of Ministry of Finance is promulgating the 9th Enterprises’ Accounting Principles of Remuneration for Employees, and it includes some main content such as enriching accounting regulations for short-term remuneration, converting endowment insurance and unemployment insurance contributed by employers to post-employment welfare.

  • 广东:欠薪或至少加赔50%

    Guangdong: At Least Another 50% of Compensation for Back Pay of Salary

    《广东省劳动保障监察条例(修订草案修改稿征求意见稿)》规定,用人单位发生欠薪的,并逾期不支付的,责令用人单位按照应付金额50%以上1倍以下的标准向劳动者加付赔偿金。

    Guangdong Labor Security Supervision Regulation(Exposure Draft) has regulated that, shall there is back pay behavior from employers and there is no payment in due time, employers shall be instructed to pay compensation to the employees with an incremental amount of above 50% and one time below the original amount.

  • 《上海市城镇居民基本医疗保险试行办法》公布实施

    Shanghai Urban Residents Basic Medical Insurance Provisional Method Unveiled and Implemented

    《上海市城镇居民基本医疗保险试行办法》日前公布实施。《办法》规定,应当从工伤保险基金中支付应当由第三人负担;应当由公共卫生负担;在境外就医这4种情形下发生的医疗费用不纳入居民医保基金支付范围。

    Shanghai Urban Residents Basic Medical Insurance Provisional Method has been unveiled and implemented recently. This regulation rules that, shall relevant costs to be incurred by work-related injury insurance, by the third party, by public health financing, or are related to seeking medical treatment in foreign countries, they are not incorporated and covered by residents’ medical insurance.

  • 60,000

    中国社会科学文献出版社近期发布的《国际人才蓝皮书:中国留学发展报告》显示,中国海归回国后第一份工作的年薪普遍不高,其中36.5%起薪不足4万元,67.2%起薪不足6万元。

    International Human Resources Blue Book: Development Report for Study Overseas of Chinese Students released by Chinese Social Scientific Literature Publishing House has indicated that, salary of the first job for people who have returned to China from overseas study is generally not very high, and 36.5% of these people have a starting salary of less than 40,000 Yuan, and 67.2% of them less than 60,000 Yuan.

  • 2000

    《北京市劳务派遣用工状况调研报告》显示,北京超过6成的劳务派遣工月薪不足2000元。

    Beijing Labor Dispatch Employment Situation Survey Report shows that, more than 60% of employees from labor dispatch can only have a salary of less than 2000 Yuan in Beijing.

  • 3962

    广东省统计局数据显示,该省今年前三季度城镇单位在岗职工月平均工资3962元,增长11.4%。

    Statistic from Guangdong Provincial Statistic Bureau reveals that, salary of employees’ in urban areas in Guangdong for the first three quarters of this year is averagely 3962 Yuan, representing an increase of 11.4%.

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