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#82  Jun 13, 2014    email version

劳动合同法中培训协议服务期问题的分析

Analysis of service period under training agreement specified in labor contract law

企业为留住人才,往往会提供多种特殊待遇方式,并以此与员工约定服务期。特殊待遇能否约定服务期,并以此要求员工承担违约金的依据?

For the purpose of retaining talented employee, enterprises usually offer many forms of special benefits and limit employee's service period at the same time. Can service period be provided as a precondition of special benefit and the basis of requesting employee to pay liquidated damages?

  • “双倍工资”包括“加班费”吗?
  • Does "double pay" include "overtime pay"?
  • 《劳动合同法》设立未签订劳动合同的双倍工资罚则,目的在于规范劳资双方书面化的规范劳动用工,并不是提倡劳动者无限额、无条件地获得与劳动本身无关的这种收入和赔偿。
  • The punitive principle of double wages for not concluding the labor contract as stipulated in the Labor Contract Law aims to standardize the labor relations between the employing unit and employee in writing. It does not encourage the unlimited, unconditional claims of employees for incomes and compensations not related to labor itself.
雇佣动态 / Employment Express
  • 国务院:取消和下放52项行政审批事项

    State Council: Cancel the Government Approval or Delegate the Approval Authority to Lower Levels for 52 Matters

    国务院日前出台三项改革措施,进一步简政放权促进创业就业,其中包括取消和下放52项行政审批事项,减少部分职业资格许可和认定,将36项工商登记前置审批事项改为后置审批。

    The State Council has introduced three reform measures, to further streamline administration, delegate powers to lower levels, and boost entrepreneurship and employment. This includes cancelling the government approval or delegating the approval authority to lower levels for 52 matters, lifting the license and certification for certain vocational qualifications, and changing 36 industrial and commercial registration matters from pre-approval to post-approval.

  • 广东:单独生二孩无需退还独生子女津贴

    Guangdong: Parents Having a Second Child If One of Them Is the Only Child Do Not Need to Refund the Only Child Allowance

    广东省卫计委日前发布通知,明确规定单独家庭生二孩的,已发放的独生子女保健费以及已经依法享有的福利待遇,无需退还。

    Guangdong Provincial Commission of Health and Family Planning has promulgated a notice, expressly regulating that when parents are about to have a second child since one of them is an only child, they do not need to refund the child care costs and other benefits entitled under the law for the only child for their first born.

  • 江苏:小微企业招应届生可享最高200万元贷款

    Jiangsu: Small and Micro Enterprises Can Enjoy up to RMB 2 Million Loan If They Hire New Graduates

    江苏近日出台政策鼓励小微企业招录应届毕业生,对于与应届毕业生签订合同的符合条件的小微企业能获得最高不超过200万元的小额担保贷款。并由同级财政给予50%的贴息。

    Jiangsu has recently introduced a policy to encourage small and micro enterprises to recruit new graduates. Those who have signed contracts with new graduates and are up to relevant conditions can get a small-sum guaranteed loan up to RMB 2 million, enjoying 50% interest subsidy from the treasury at the same level.

  • 北京市室外作业高温津贴最低标准上调60元

    Beijing Raises Minimum High-temperature Allowance for Outdoor Operations by RMB 60

    北京市安监局日前下发通知,今年北京市室外和室内作业的高温津贴最低标准分别上升至每月180元和120元,分别较去年上调60元和30元。高温津贴自本月起计入工资总额。

    Beijing Administration of Work Safety recently released a notice, raising the minimum high-temperature allowance for outdoor and indoor operations to RMB 180 and RMB 120 respectively, representing a respective increase by RMB 60 and RMB 30. The high-temperature allowance shall be counted into wages starting from this month.

  • 广州总部企业或可设集体户口办结婚证计生证

    Guangzhou-based Headquarter Enterprises Can Set up a Collective Hukou Account That Can Be Used to Handle Marriage and Birth Certificates

    广州市发改委近日就加快总部经济发展的若干措施公开征求意见,其中提到总部企业可以设立集体户口,而且这个集体户口可以拿来办理结婚证、计生证,还能给配偶和子女挂靠。

    Guangzhou Municipal Development and Reform Commission have been soliciting public opinion for several measures to promote headquarter economy. One of them is that Guangzhou-based headquarter enterprises can set up a collective Hukou account, which can be used to handle marriage and birth certificates, and accept the Hukou of spouses and children.

  • 150

    广东省人社厅、广东省财政厅日前下发通知规定,一至四级工伤伤残职工,只要符合两种条件,即可每月加发150元的伤残津贴。未参加工伤保险的,将由企业将支付加发津贴。

    Guangdong Provincial Human Resources and Social Security Department and Department of Finance recently released a regulation, stating that employees with level 1 to level 4 disabilities caused by work-related injuries can get an extra disability allowance of RMB 150 each month if they meet two qualifications. For those who do not have work-related injury insurance, the extra allowance shall be borne by the enterprise.

  • 2116

    上海市住房公积金管理委员会近日发布通知,自7月1日起,上海市职工住房公积金的月缴存额上限为2116元,比2013年度增加146元。

    Shanghai Municipal Housing Provident Fund Management Commission recently promulgated a notice. According to the notice, the monthly upper limit for housing provident fund contribution is RMB 2116 from July 1 onwards, increasing by RMB 146 over 2013.

  • 5793

    北京市人社局日前发布通知称,2013年度北京全市职工平均工资为69521元,月平均工资为5793元,比上年增长10.9%。

    According to a notice recently released by Beijing Municipal Human Resources and Social Security Bureau, the average wage of all employees in Beijing was RMB 69521 for the year 2013, and the monthly average wage was RMB 5793, up by 10.9% compared with 2012.

  • 65%

    一项针对东莞企业的调查显示,约65% HR最头疼“招聘难”,逾七成企业认为今年招聘的难度大,制造业基层岗位普遍薪酬3001~4000元。

    A survey conducted for enterprises in Dongguan shows that about 65% HR personnel are badgered by "recruitment". Over 70% of the surveyed enterprises say that it would be hard for them to recruit people this year. The salary for basic manufacturing posts is generally RMB 3001-4000.

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