HOME    |    FAQ    |    COLUMN    |    PAST ISSUES

COLUMN

#89  Aug 01, 2014    email version

辞职的法律风险把控

Legal risk control in resignation by the employees

辞职,即员工单方解除劳动合同。对于恶意的不告而别,建议用人单位建立“先做后发”的工资发放办法,以及未满通知期离职视为放弃奖金等制度以制约。

For malicious resignation, it is submitted that the employing unit should establish the “work-first-pay-later” payroll approach, and a system for giving up bonus without fulfilling the notice period.

  • 协商解除的法律风险把控
  • Legal risk control in negotiated dissolution
  • 实践中,协商解除补偿金标准往往需要高于法定标准,才可推动协商解除协议的达成。
  • In practice, the criteria for economic compensation for the negotiated dissolution of labor contract have been set higher than the statutory standard; otherwise the dissolution cannot be reached.
  • 特殊员工保护需注意是否符合条件
  • Certain conditions should be met in protection of special employee
  • 不得解除合同的长工龄员工需要同时符合两个条件:第一,在本单位连续工作满十五年;第二,距离法定退休年龄不满五年。
  • The employee with long length of service shall conform to two conditions before acquiring special legal protection and preventing employer from canceling labor contract with him/her: first, working for employer for 15 consecutive years; second, being less than five years from his/her statutory retirement age.
雇佣动态 / Employment Express
  • 人社部:8月起养老金异地取现将免部分手续费

    Ministry of Human Resources and Social Security: withdrawal of pension at different place will be free of some fee from August

    人力资源和社会保障部近日发布消息称,从今年8月1日起,离退休人员个人基本养老金账户每月前2笔且每笔不超过2500元(含2500元)的部分免收本行异地取现手续费。

    The Ministry of Human Resources and Social Security recently released a message, stating that as of Aug. 1st of this year, retiree's withdrawal of his/her pension for the first 2 times (less than or equal to 2500 yuan each time) in each month from his/her account of basic pension will be exempted from relevant fee for withdrawal from the same bank at a different place.

  • 人社部:退休后患职业病可享工伤保险待遇

    Ministry of Human Resources and Social Security: employee suffering from occupational disease after retiring may enjoy the benefit of work-related injury insurance.

    人社部出台了《关于执行〈工伤保险条例〉若干问题的意见》,规定只要曾经有接触职业危害的职业史,即使退休或解除了劳动合同,只要没有再接触新的职业危害的历史,依然可以申请工伤认定。

    The Ministry of Human Resources and Social Security has published its Opinions on Several Issues of Implementing the Regulation of Work-Related Injury Insurance, specifying that the employee, who has had access to occupational hazard and hasn't accessed to it again, may apply for affirmation of work-related injury even if s/he has retired or canceled his/her labor contract.

  • 长沙合肥南昌武汉社保将互通

    The social security systems in Changsha, Hefei, Nanchang and Wuhan will be linked together

    长江中游城市群四省会城市人社一体化发展首届会商会前日在武汉召开。长沙、合肥、南昌与武汉达成共识并签署合作协议,将在社会保障、就业创业、人才评价等领域开展合作,其中四市居民社保将实现互通,参保人员可无障碍跨地区转移接续。

    The first consultation meeting for integration of the social security systems in urban agglomeration in the middle reach of Yangtze River. i.e. the four provincial capitals, was held in Wuhan recently. Changsha, Hefei, Nanchang, and Wuhan have reached consensus and signed cooperation agreement, and will cooperate with each other in respect of social security, employment and starting business, and assessment of talent etc. The social security systems in these four cities are linked together for their residents , and who may transfer their social security accounts across different places without any barriers.

  • 广州:社区转诊报销拟惠10%

    Guangzhou: the reimbursement for the medical treatment transferred from community will be given a discount of 10%

    广州市人力资源和社会保障局日前就职工医保普通门诊待遇、医保门诊特定项目的两项政策修订公开征求意见。其中为加强社区首诊制,引入了社区转诊后可增加10%报销比例条款。

    The Human Resources and Social Security Bureau of Guangzhou recently sought for public opinions for the two policies concerning employee's benefit for general medical treatment and certain items in it. In order to increase the rate of medical treatment in community, the reimbursement for the medical treatment transferred from community will be given a discount of 10%.

  • 广州:集体户户口挂靠街道年内试点

    Guangzhou: collective registered residence will be attached to community in this year

    广州市政府常务会议审议通过了《广州市户口迁入管理办法实施细则》,广州将在部分街道(镇)开展设立公共集体户口试点,以实际居住、工作地登记入户为原则,条件成熟后逐步全面推广。

    The executive meeting of Guangzhou government has discussed and passed the Implementation Rules of Regulation on Immigration of Registered Residence to Guangzhou, specifying that Guangzhou will start to establish public collective residence in some of the communities (towns), which can register resident based on his/her actual place of living and work, and will be rolled out when relevant conditions are met.

  • 38.9%

    最新一期《中国大学生最佳雇主调查报告》显示,截止到2014年5月份,仍有38.9%的在校大学生尚未签约,与如此严峻的就业压力形成鲜明对比的是,77%的在校大学生薪酬预期集中在4000-5999元的区间。

    The latest Survey Report of the Best Employer for Chinese University Graduates shows that, up to May, 2014, there were still 38.9% of graduates didn't sign labor contract. Compared with this severe employment situation, 77% of them expected their remuneration to be from 4000 to 5999.

  • 56%

    跨国人力资源顾问公司Manpower日前公布年度《人才短缺调查报告》,逾5成香港雇主认为请人难,其中销售、会计及信息科技专才,是香港三大最难请人职位。

    Manpower, a transnational HR consultancy, recently released its annual Survey Report of Talent Shortage, stating that over 50% of Hong Kong employers considered it difficult to hire talents, especially sales, accounting and IT talents, who are the most difficult to hire in Hong Kong.

  • 10亿

    7月下旬,广州市公积金管理中心悄然出台限制措施,将下半年每个月的贷款额度指标严控在10亿元以内。这意味着,一旦当月额度放完,贷款需求者只能排队等待。

    In the last ten-day period of July, the Management Center of Provident Fund of Guangzhou issued a restrictive policy, strictly limiting the monthly loan ceiling under 1 billion in the second half of this year. This means the applicant for loan will have to wait once the loan ceiling is reached.

  • 5%

    据前程无忧发布的“2014年二季度求职者跳槽意愿度调查”结果显示,二季度职场人的跳槽意愿与一季度相比有所下降,相比去年同期,跳槽意愿更是下降了5个百分点。

    According to the result of the Survey of Employee's Intention of Job-Hopping for the second quarter of 2014 made by 51job.com, the intention of job-hopping decreased compared with the first quarter, and decreased by 5% compared with the same period of the last year.

Past Issues