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#9  Dec 07, 2012    email version

用人单位是否可以单方解除孕期女员工?

Can an Employer Unilaterally Terminate The Employment Contract With a Pregnant Female Employee?

公司以违反公司员工手册为由,解除了孕期女员工的劳动合同。该员工不服,认为自己系孕期女员工,公司无权单方解除其劳动合同。此争议涉及到一个普遍存在的误解:用人单位在任何情形下均无权单方解除孕期或哺乳期的女员工。

The Company terminated the employment contract with the female employee for her violation of the rules of the staff handbook. But the female employee refused to accept this termination because she thought she was in the period of pregnancy and thus the Company had no right to unilaterally terminate her employment contract. This dispute reveals a common misconception that no matter in what case the employer has no right to unilaterally terminate the employment contract with female employees during pregnant period or within the maternity leave or post-natal period.

雇佣动态 / Employment Express
  • 广东正式立法:单位不准对员工罚款扣钱

    Official Legislation in Guangdong: No Cash Penalty for Employees

    新修订的《广东省劳动保障监察条例》已获表决通过。从明年5月1日起,用人单位规章制度中有罚款内容将被警告,而乱扣工资将按照被罚款或者扣减工资的人数每人2000元以上5000元以下的标准处以罚款。

    The newly amended Guangdong Labor Security Supervision Regulation has been approved by voting. From May 1st next year, employers shall receive warning if there is cash penalty in the regulation of employers, while unjustified deduction of payment will be fined with a standard above 2000 Yuan and below 5000 Yuan according to the number of employees who have been punished with cash penalty.

  • 香港男性有望获三天侍产假

    Possible Three Days of Care Leave for HK Male Employees

    香港劳工顾问委员会日前开会后表示同意立法推行有薪侍产假,男士可以获得三天侍产假,期间获得五分之四的薪金。

    Hong Kong Labor Consulting Committee has recently convened a meeting, which conveys an idea that male employees will be entitled for a care leave of three days. And four fifth of salary within this period can still be paid to male employees.

  • 天津、浙江、湖北“营改增”试点正式启动

    Business Tax to VAT Conversion Pilot Projects Launched in Tianjin, Zhejiang and Hubei

    12月1日,天津市、浙江省、湖北省和宁波市启动营改增试点,这是年内最后一批试点的地区。

    In December 1st, business tax to VAT conversion pilot projects were successfully launched in Tianjin, Zhejiang Province, Hubei Province and Ningbo, which is the last batch of cities and provinces to be covered by the pilot projects.

  • 9.3%

    韬睿惠悦咨询公司近日发布的2012年度全行业整体奖酬调研报告显示,2013年中国企业预期平均加薪幅度为9.3%,比2012年实际加薪幅度略有降低(9.6%)。

    Tower Watson Consulting Group recently unveils the report towards the overall sector’s remuneration survey report in 2012. In 2013, the average salary increase margin is 9.3%, a moderate decrease than the actual figure of 9.6% in 2012.

  • 21.9%

    前程无忧日前发布的职场调研报告显示,2012年企业85后员工离职率为21.9%,明显高于16.7%的员工整体离职率。

    According to the latest career report generated by 51job, in 2012, the turnover rate of employees who are born after 1985 reaches 21.9%, which is higher than the overall ratio of 16.7% among various kinds of employees.

  • 3.5

    Hay(合益)集团的最新研究显示,在过去十年中,新兴市场国家企业高层管理者的平均总现金水平(基本工资和奖金)增长迅速,其中中国增长3.5倍,居于榜首。

    Latest research from Hay Corporation has shown that in the last ten years, the average cash remuneration level (including basic salary and bonus) among senior managers in the emerging market has recorded rapid growth. And the surge margin for China registers a growth of 3.5 times, ranking the first in the list.

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