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#438  Oct 15, 2021    email version

劳动合同被违法解除,赔偿金和代通知金能兼得吗?

Can both the compensation and the payment in lieu of notice be received in case of the labor contract being rescinded illegally?

公司违法解除劳动合同成立,是否还需要支付未提前一个月通知的代通知金?

Shall the company make the payment in lieu of notice for not having given any notice one month in advance, provided that the company’s illegal rescission of labor contract is true?

  • 与总公司签合同,由子公司发工资,发生劳动争议由谁承担?
  • Which party shall be held accountable for labor disputes if the contract has been signed with the parent company while salary is paid by its subsidiary company?
  • 总公司安排员工在子公司担任某职务,社保公积金由总公司缴纳,工资福利由子公司支付。员工与总公司签订合同,没有与子公司签订合同。每年总公司与子公司之间再内部结算社保公积金费用。该员工与公司之间发生劳动争议,应由哪家公司履行相应法律义务?
  • If the parent company arranges employees to take some office at its subsidiary company, the social security and housing provident fund shall be contributed to by the parent company while the salary and welfare shall be paid by the subsidiary company. It is with the parent company, rather than with the subsidiary company, that the employees have signed the contract. Every year the costs of social security and housing provident fund shall be settled internally between the parent company and the subsidiary company. Which company shall perform the corresponding legal duties in case of any labor dispute arising between the employee and the company?
雇佣动态 / Employment Express
  • 全国:大型互联网公司员工平均年龄介于27岁到33岁间

    Nationwide: Employees of large Internet companies have an average age between 27 and 33

    近日,据报道,脉脉发布调查显示,大型互联网企业员工平均年龄从27岁到33岁不等。其中字节跳动和拼多多员工平均年龄相对最低,仅27岁。滴滴出行员工平均年龄最高,为33岁。大型互联网企业员工平均年龄均不超35岁。

    As reported recently, Maimai has released a survey with findings that the average age of employees of large Internet companies ranges between 27 and 33. Among them ByteDance and Pinduoduo have relatively the youngest employees, with an average age of 27 only. Employees of Didi Chuxing have the highest average age of up to 33. None of the average ages of employees of large Internet companies exceeds 35.

  • 广西:连续第七年统一调整工伤保险待遇 工伤伤残津贴每人每月增223元

    Guangxi: Adjust work-related injury insurance benefits uniformly for seven consecutive years, with allowance for work-related injuries and disabilities going up by CNY 223 per capita per month

    近日,据报道,广西壮族自治区人社厅印发《通知》规定,从2021年起统一调整工伤保险待遇。其中伤残津贴每人每月增223元,不足1810元/月的由工伤保险基金补足。这是连续第七年统一调整工伤保险待遇。

    As reported recently, the Human Resources and Social Security Department of the Guangxi Zhuang Autonomous Region has printed and issued a Notice regulating that starting from 2021 the work-related injury insurance benefits will be adjusted uniformly. Disability allowance will increase by CNY 223 per capita per month, and the portion below CNY 1810 per month shall be made up by work-related injury insurance funds. This marks the seventh consecutive year of uniformly adjusting work-related injury insurance benefits.

  • 福建厦门:发放疫情生活补助金 两类人员每人500元

    Xiamen Fujian: Issue living subvention of CNY 500 for each of two classes of individuals during the epidemic period

    近日,据报道,福建省厦门市人社局发布《通知》规定,对2021年9月13日—10月31日新申领失业金、一次性生活补助金、临时生活补助失业人员,和对享受2021年第三季度灵活就业社保补贴的就业困难人员发放疫情生活补助金每人500元。

    As reported recently, the Fujian Ximen Municipal Bureau of Human Resources and Social Security has released a Notice regulating that a living subvention of CNY 500 per capita will be issued against the plague among the unemployed who claim the unemployment benefits, the lump-sum living subvention, and the temporary living subsidy during September 13 to October 31, 2021, and the people with difficulties in finding jobs who enjoy the social security allowance for flexible employment during Quarter III of 2021.

  • 普华永道:将允许4万名客户服务员工永久远程办公

    PwC: 40 thousand customer service employees will be allowed to telecommute permanently

    近日,据报道,普华永道会计师事务所(PwC)表示,将允许4万名美国客户服务员工远程办公,并永久居住在任何他们想住的地方。此举将使其成为允许员工永久呆在家里的最大雇主之一。

    As reported recently, PwC accounting firm has expressed it will allow 40 thousand US customer service employees to telecommute and reside anywhere they wish to permanently. This measure will make it become one of the largest employers who allow employees to stay at home permanently.

  • 9739元

    近日,据报道,智联招聘发布的2021年第三季度《中国企业招聘薪酬报告》显示,2021年第三季度全国平均薪酬达9739元/月,环比上涨4.2%,且较2020年同期8688元/月高12.1%。

    As reported recently, A Report on Recruitment Salaries of Chinese Enterprises of Quarter III of 2021 released on Zhaopin.com indicates, the national average salary of Quarter III of 2021 has reached CNY 9,739 per month by a comparative growth of 4.2%, and 12.1% higher than the figure CNY 8688 per month in the same period of 2020.

  • 2万亿

    近日,据报道,人力资源服务业发展大会称,人力资源服务行业快速成长,截至2020年底,全国各类人力资源服务机构4.58万家,年营业收入首破2万亿元,全年为2.9亿人次劳动者、4983万家次用人单位提供人力资源服务支持。

    As reported recently, the National Conference on the Development of Human Resources Services claims the human resources services have burgeoned to the point that, as of the end of 2020, there were 45.8 thousand human resources service agencies in all varieties nationwide, with annual business revenue exceeding CNY 2 trillion for the first time, providing human resources service support for 290 million employees and 49.83 million employers all throughout the year.

  • 13.05万

    近日,据报道,根据猎聘发布的《当代年轻职场人现状洞察报告》显示,在薪资方面,90后平均年薪13.05万,薪资增长速度高于整体中高端人才平均年薪增长速度。

    As reported recently, A Report of Insight into the Status of Contemporary Young People in Workplace released by Liepin indicates in the respect of salary, the post-1990s’ average annual salary is CNY 130.5 thousand, at a growth rate higher than that of the average annual salary of mid-to-high end talents.

  • 1.37亿

    近日,据报道,特斯拉使前黑人员工Owen Diaz遭受了种族敌意工作环境,因未能采取合理措施来防止他受到种族骚扰,该公司被判向Diaz赔偿近1.37亿美元。其中,690万美元是与情感抑郁相关的赔偿金,1.3亿美元是惩罚性赔偿金。

    As reported recently, Tesla’s former black employee Owen Diaz suffered from a work setting with racial hostility. For failure to take proper measures to prevent him from suffering racial harassment, the company has been judged to compensate Diaz approximately USD 137 million. Whereof, USD 6.9 million is a compensation related to emotional depression, and USD 130 million is a punitive compensation.

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