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#40  Jul 26, 2013    email version

协商解除下的经济补偿金如何确定?

How Should Economic Compensation Under Negotiated Labor Dissolution Be Determined?

如果协商解除是由员工向用人单位提出的,那么就不符合法律规定的应当支付经济补偿金的情形,此时用人单位没有支付经济补偿金的义务,即法定的经济补偿标准为0。

If the employee proposes to terminate the labor contract, then the economic compensation provided in relevant laws does not apply, so the employer is not obliged to pay economic compensations, i.e. the statutory economic compensation is 0.

  • 赔偿金的适用问题
  • Applicability of Compensation
  • 一般对于工伤的认定,采用的是无过错原则,即不考量事故发生重员工的过错问题,但是有一种情形除外,那就是上下班途中发生交通事故的工伤认定,必须是员工非主责的。
  • Generally, the identification of work-related injury is subject to the principle of liability without fault, i.e. whether the employee is faulty in the accident is not considered. However, there is one exception: The employee must be not in primary responsibility for work-related injury identification in traffic accidents during the employee's commuting to/from work.
  • 违约金的适用问题
  • Applicability of Liquidated Damages
  • 当服务期大于劳动合同期限时,公司有两种选择:要么要求员工继续履行合同,直至服务期满;要么提前结束服务期,劳动合同到期终止。
  • When the period of service is longer than the term of the labor contract, the company can choose to either ask the employee to further fulfill the labor contract until the expiration of the service period or terminate the service period early with the expiry of the labor contract.
雇佣动态 / Employment Express
  • 人社部正研究城乡居民与职工养老保险衔接问题

    Ministry of Human Resources and Social Security is studying the issue of integration of urban and rural residents’ and laborers’ endowment insurance

    人社部日前表示,正在研究解决城乡居民养老保险与职工基本养老保险的衔接问题。提高农民工、个体工商户、灵活就业人员参加社会保险的积极性。

    The Ministry of Human Resources and Social Security indicates, it is studying the issue of integration of urban and rural residents’ and laborers’ endowment insurance, thus improving the motivation of rural migrant workers, persons engaged in individual business, and persons of flexible employment to participate in social insurance.

  • 人社部正在制定《工资集体协商条例》

    Ministry of Human Resources and Social Security is formulating Regulation on Collective Wage Negotiation

    最近消息称,人社部等相关部门对《工资集体协商条例》的制定正在进行。但因为牵涉到各方利益,该制度上升到条例、法条的出台过程中,阻力重重。

    It is said that relevant departments, including the Ministry of Human Resources and Social Security, are formulating Regulation on Collective Wage Negotiation, which, however, faces many resistances and obstacles during enactment because it affects the interests of many groups.

  • 广州:个人解除劳动关系补偿收入免税线上调超一成

    Guangzhou: the maximum amount of compensation for tax exemption for individual’s cancellation of labor relationship is increased by 10%

    2013年广州市个人因解除劳动关系取得一次性补偿收入免征个人所得税的标准为191256元。 这一标准与与去年相比提高了18837元,升幅达到10.9%。

    In 2013, Guangzhou’s standard of compensation for exemption of personal income tax for individual’s cancellation of labor relationship is 191256 yuan, increasing by 10.9% comparing with last year’s standard, i.e. 18837 yuan.

  • 北京调整工伤护理费等标准

    Beijing adjusts the standards of life-caring fee for work-related-injury.

    北京市人社局日前宣布,对因工致残1-4级的工伤人员的生活护理费和工伤尘肺、截瘫职工定额付费标准进行调整。

    Recently, the Bureau of Human Resources and Social Security of Beijing announced to adjust the standard of life-caring fee for persons with 1-4 grade of work-related-disability and the standard of quota payment for employees with work-related- pneumoconiosis and paraplegia.

  • 广州:下月起外地超生者不得落户

    Guangzhou: outlander violating the family planning policy will not be permitted to be registered as permanent resident from the next month

    8月1日起正式实施的《广州市人口与计划生育管理办法》明确规定,外市户口的违法生育者,违法生育者及其超生子女不能获得广州户口。

    Regulation of Population and Family Planning of Guangzhou is formally implemented as of August 1st, which explicitly stipulates that the person with registered residence being outside the province and violating the family planning policy, as well as his/her child born in contravention of such policy, will not be permitted to be registered as permanent resident of Guangzhou.

  • 14

    全球管理咨询公司合益集团发布的一份报告称,在亚洲,部门经理等中层管理人员的薪酬是办公室文员等操作类员工薪酬的14倍以上,居全球之冠。

    Hay Group, a global management consulting firm, releases a report, stating that, in Asia, the salary of the middle management, such as department manager, is 14 times or more of that of the operating employees, such as office clerk. Such gap is the largest in the world.

  • 60%

    办公空间解决方案供应商雷格斯最近做的一项调查显示,60%的中国男性白领最终会在休假期间完全工作照常。另外,分别有34%和25%的职业男性和职业女性反映,他们在休假期间每天工作1-3个小时。

    A survey made by Regus, a supplier of office space solution, shows that 60% of Chinese white collar male workers will work normally during vacation. Additionally, 34% of professional males and 25% of professional females reflect that they work for 1-3 hours each day during vacation.

  • 79.7%

    人力资源服务商前程无忧发布《2013年第三季度雇主招聘意愿调查报告》显示,有79.7%的受访雇主说他们将在今年的第三季度增加比2012年同期更多的社会招聘,比上一季度的调查结果高出8个百分点。

    A Report of Employer’s Intent of Recruitment in the 3rd Quarter of 2013 released by 51Job.com, a supplier of HR service, shows that 79.7% of the interviewed employers are willing to increase more posts for social recruitment in the 3rd quarter of this year than the same period in 2012, increasing by 8% than the survey results of the last quarter.

  • 4800万

    经合组织近日发布的《2013年就业展望报告》指出,从2013年5月至2014年年底,经合组织成员国整体失业率将从8%微降至7.8%,失业人口仍将维持约4800万的水平。

    According to an Outlook of Employment in 2013 released by OECD recently, from May, 2013 to the end of 2014, the overall unemployment rate of the member states of OECD will decrease from 8% to 7.8%, with the unemployed population being still 48 million.

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