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#72  Mar 28, 2014    email version

后用人单位能否成为竞业限制案件的共同被告

Can New Employer Become Co-Defendant in Non-Competition Cases?

原用人单位只能起诉劳动者,而不能同时起诉后用人单位,除非劳动者在后用人单位使用了属于原用人单位的商业秘密。

if an employee violates the agreement of Non-Competition, the former employer can only sue the employee, but cannot bring an action against the new employer, except that the employee uses the business secrets that belong to the former employer. Under this circumstance, the former employer can sue the employee and the new employer on the account of infringing business secrets.

  • 后用人单位被担责
  • New Employer Held Accountable
  • 建议广大企业在招聘员工时,就员工的竞业限制义务作必要的排查,并在相关的法律文书方面作出必要的安排,以免因招聘员工而引火烧身。
  • We advise that the enterprises shall make necessary investigation on the Non-Competition obligation of the employee when doing recruitment and make relevant arrangements on legal documents to avoid risks due to the new recruited employees.
雇佣动态 / Employment Express
  • 财政部:今年实施企业年金个税优惠政策

    Ministry of Finance: preferential policy concerning personal income tax on enterprise annuity will be implemented this year

    财政部部长楼继伟近日表示,我国从今年开始实施企业年金、职业年金个人所得税递延纳税优惠政策,下一步将考虑对不在企业任职的人是否引入该政策,鼓励其参与商业性保险。

    Mr. Lou Jiwei, Minister of the Ministry of Finance, said recently that our nation will implement a preferential policy of delayed payment of personal income tax on enterprise and occupational annuity this year. Our nation will consider to introduce this policy for those not working in enterprises, so as to encourage them to participate in commercial insurance.

  • 人社部:对行动不便的工伤职工上门鉴定

    Ministry of Human Resources and Social Security: perform door-to-door appraisal for those employees who cannot move freely due to work-related injury

    人力资源和社会保障部工伤保险司负责人近日表示,为了给工伤职工提供方便快捷的服务,对行动不便的工伤职工,劳动能力鉴定委员会可以组织专家上门进行劳动能力鉴定。

    The person in charge of the work-related injury insurance company of the Ministry of Human Resources and Social Security said recently that, in order to provide convenient service for employees suffering from work-related injury, the committee for labor capacity appraisal will arrange experts to perform door-to-door appraisal of labor capacity for those employees who cannot move freely due to work-related injury.

  • 以房养老拟在北上广汉试点

    The house-for-pension scheme is to be implemented in Beijing, Shanghai and Guangzhou and Wuhan

    保监会近日已向各家人身保险公司下发了《关于开展老年人住房反向抵押养老保险试点的指导意见(征求意见稿)》,并拟在北京、上海、广州和武汉四地率先开展试点。

    China Insurance Regulatory Commission has issued to each life insurance company the Guidance for Trail Implementation of Reverse Mortgage of Elder People's House for Pension (exposure draft), and plans to implement such system in Beijing, Shanghai, Guangzhou and Wuhan firstly.

  • 广州:研究生入户年龄限制放宽到40岁

    Guangzhou: the age limit for residence registration of employee with postgraduate certificate was extended to 40

    广州近日出台户籍新政。在引进人才方面,研究生学历和技师职业资格入户,年龄不超过40周岁在41周岁之前,均可申请入户广州。

    Guangzhou issued a new policy of residence registration recently. In respect of introducing talents, the employee with postgraduate certificate or professional qualification of technician may apply for residence registration in Guangzhou provided that employee age does not exceed 40.

  • 北京:医保账户封闭后 存折资金仍可取

    Beijing: the funds in deposit book can still be withdrawn after medical insurance account is closed

    北京市人力社保局近日表示,医保个人账户封闭管理后,医保存折原有资金属于个人所有,仍可随时支取。

    Beijing Human Resources and Social Security Bureau recently said that the funds in the deposit book of medical insurance is owned by individual and can still be withdrawn at any time after the medical insurance account is closed.

  • 88%

    咨询公司韬睿惠悦近日发布的《2014年最新人力资源趋势》调研结果显示,88%的参调企业将在2014年增加雇员人数,平均增加规模约为现有员工人数的近10%。

    Towers Watson, a consulting corporation, recently released a survey result of the Latest HR Trend in 2014, showing that 88% of the surveyed enterprises will increase the number of their employees in 2014 by nearly 10% of their current employee quantity in average.

  • 42.54万

    在已公布年报的沪深两市上市公司中,职工平均年薪居前的行业分别为,非银金融(42.54万元)、银行(39.32万元)、房地产(16.8万元)和采掘(13.37万元)。

    Among the companies listed on Shanghai and Shenzhen Stock Market that have released their annual report, the industries with average annual salary on top of the ranking are non-banking financial institution (425.4 thousand), bank (393.2 thousand), real estate (168 thousand) and mining (133.7 thousand).

  • 10%

    智联招聘专门针对广州白领的调查显示,今年广州已经有超过1成白领选择跳槽,白领跳槽的主因是要寻求工作与生活的平衡。

    A survey made by Zhilian Recruitment on the white-collar workers in Guangzhou shows that over 10% of the white-collar workers decide to change work this year mainly for the purpose of seeking the balance between work and life.

  • 1.41万

    香港特区政府统计处近日公布称,去年5月至6月香港雇员的每月工资中位数为1.41万港币,较上一年的1.34万港币高5.2%。

    The Statistics Section of the Government of Hong Kong Special Administrative Region recently announced that the median of employee's monthly salary in Hong Kong was 14.1 thousand HKD from May to June of last year, increasing by 5.2% than last year's 13.4 thousand.

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