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#81  Jun 06, 2014    email version


Legal risks in "worst performer elimination"


In accordance with relevant provisions of the Labor Contract Law and the Regulations on the Implementation of the Labor Contract Law, the dissolution and termination of labor contracts must meet certain legal conditions, but "worst performer elimination" is not one of them. As a result, under China's current legal frame, the "worst performer elimination" system is illegal.

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  • On "sick leave abuse" of employees
  • 针对“泡病假”的个别现象,企业可以从以下几个角度把控:第一,严格请假的流程和手续;第二,病假工资,尽量根据法定标准就低操作;第三,医疗期上,及时累计和处理。
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  • 如果用人单位不能在无法直接送达、留置送达或经邮政部门查验登记并标明文件名称的特快专递送达,且又不能足以证明受送达人下落不明时,一律采取公告送达。
  • Where the employing unit cannot use the direct service, lien service or service by courier where the postal department inspects, registers and marks the document.
雇佣动态 / Employment Express
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    Beijing: employer shall suspend outdoor work when the temperature is higher than 40℃


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    The website of the Ministry of Human Resources and Social Security released a statistics recently, showing that, in 2013, 27 provinces adjusted their standards of unemployment insurance benefits. The average monthly unemployment insurance benefits of the nation is 767.3 yuan, increasing by 8.5%.

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