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#90  Aug 08, 2014    email version


How should we control legal risks in dismissal on the ground of "serious disciplinary violation"?


During the handling of resignation employees, especially employees with disciplinary violations, corporate HRs, in addition to mastering potential institutional problems and timely dealing with such problems, should grasp every detail and understand the case inside out. Only in this way can they effectively control potential legal risks.

  • 严重失职的法律风险把控
  • Legal risk control in serious dereliction of duties
  • 如果有因员工失职造成用人单位被其他公司追究责任的话,建议通过诉讼的方式固定责任的大小及赔偿损失的数额。
  • If the employing unit is held accountable by other companies because of the misbehaviors of irresponsible employees, it is submitted to confirm the liabilities and the amount of losses by litigation.
  • 不能胜任解除的法律风险
  • Legal risk in dismissal on the ground of incapability
  • 在司法实践中,一般以用人单位的规章制度及双方合同约定为判断标准。现代人力资源管理制度中,通常体现为岗位职责描述、绩效考核标准。
  • In judicial practice, it is determined according to the rules and regulations of the employing unit and the contractual obligations between both parties. In the modern system of human resources management, it is described as job descriptions and key performance indicators etc.
雇佣动态 / Employment Express
  • 国务院:取消农业户口与非农业户口区别

    State Council: the distinction between agricultural residence account and non-agricultural residence account is canceled

    国务院日前印发《国务院关于进一步推进户籍制度改革的意见》。根据《意见》, 农业户口与非农业户口性质区分和由此衍生的蓝印户口等户口类型将被取消,统一登记为居民户口。

    The State Council recently released the Opinions of State Council on Further Propelling the System of Residence Account Registration. According to the Opinions, the distinction between agriculture residence account and non-agricultural residence account, as well as some types of residence account stemming from this, e.g. Blue stamped residence account, will be canceled and replaced with the unified residence account.

  • 公安部:特大城市实行积分落户

    Ministry of Public Security: point-based residence registration will be implemented in megapolis


    Mr. Huang Min, Deputy Minister of the Ministry of Public Security, recently explained the policies of immigration. The general requirements were “loosening those areas which can be loosened, and controlling those areas which should be controlled”. For the megapolis with a population of over 5 million, it was expressly required that the population should be controlled strictly, and the system of point-based residence registration should be established and improved.

  • 今年全国人均宏观税负6338.76元

    The macro tax burden per capita of our nation this year is 6338.76 yuan


    The financial data of our nation’s provinces, regions and cities for the first half of this year has been worked out. In 2014, the macro tax burden per capita of our nation is about 6338.76 yuan, with Beijing, Shanghai and Tianjin, the three municipalities directly under the administration of the central government, ranking the top three, reaching 20347.8 yuan, 19192.8 yuan and 17993.5 yuan respectively.

  • 广东调整省直社保缴费上下限

    Guangdong adjusted its upper and lower limit of the social security contribution for the employees in the units directly under provincial administration


    Guangdong recently issued a public announcement concerning adjustment of the social security contribution for the employees in the units directly under provincial administration. From July 1st, 2014 to June 30th, 2015, the upper limit of the taxable salary for the endowment insurance is adjusted to 13404 yuan. From July 1st, 2014 to December 31st, 2014, the lower limit of it is still 2139 yuan.

  • 天津:外地职工辞职离津 公积金可申请提取

    Tianjin: non-local employee may apply to withdraw housing provident fund when resigning and leaving Tianjin


    Tianjin Management Center of Housing Provident Fund indicates that employees registering his/her residence account in other cities may apply to withdraw the housing provident fund s/he has paid in Tianjin when resigning and returning to his/her native place, and, at the same time, may close or transfer his/her fund account.

  • 1820


    By August 1st, 17 regions had increased their minimum wage standard, among which, Shanghai still ranked the first in the nation in respect of the monthly and hourly minimum wage standard, reaching 1820 yuan and 17 yuan respectively.

  • 30%


    MyCOS, a survey and research institute, recently conducted a survey of 268000 samples of the university graduates of 2013, finding that over 30% of them failed to apply their majors and knowledge in their work, which was mainly caused by the gap between the work related to their own major and their expectation.

  • 80%


    According to relevant statistics, in 2013, among the payers of the housing provident fund in Guangzhou, 9% of the borrowers used around 80% of the balance of the housing provident fund, while 80% of the payers failed to use any provident fund.

  • 42.76%


    In a recent survey made by Guangzhou Daily, 42.76% of the interviewees said that the persons around them approximately at the age of 35 were middle management, 23.75% of the interviewees said the persons around them at this age were just ordinary employees, and only 6.41 %became senior management.

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