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#92  Aug 22, 2014    email version

Offer Letter发出后是否一定要签订劳动合同?

Must the labor contract be signed after the Offer Letter is sent?

Offer Letter在法律意义上属于要约,并不是一经发出即具有合同效力,而是需要待劳动者收到要约后,再发出承诺,即愿意至用人单位就业的意思表示,才构成一个完整的合同关系。

Offer Letter in the legal sense is an offer, so it does not take effect immediately after being sent. It takes effect only after the worker returns the commitment, i.e., his willingness to accept the offer and work at the employing unit. Meanwhile, an offer can be withdrawn, but should be prior to the recipient's return of commitments.

  • 三方协议是否属于劳动合同?
  • Does the tripartite agreement constitute labor contract?
  • 三方建立的是一种民事合同关系,并不属于劳动法调整范围。因此,三方协议不属于劳动合同,签订后,毕业生与用人单位之间建立的也不是劳动关系。
  • It is actually a civil agreement signed between and among the employing unit, the college graduate and the college and hence does not fall within the scope of adjustment by the labor law. Therefore, the tripartite agreement does not constitute labor contract, and the signing of the agreement does not produce labor relations between the college graduate and the employing unit.
雇佣动态 / Employment Express
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    State Council: Personal Purchase of Commercial Endowment Insurance Can Enjoy Deferred Tax

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    The Several Opinions of the State Council on Accelerating the Development of Modern Insurance Service Industry was promulgated recently, stating, among others, to optimize tax policies relating to health insurance and carry out pilots for deferred tax collection of commercial endowment insurance.

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    Guangdong Stops Charging Archive Custody Fees from 2016

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    South China Market of Human Resources recently said that the agency now manages over 300,000 copies of archives as at present, half of which are "abandoned archives" with custody fees having not been paid for over half a year. Wang Hongfei, Deputy Director of Management Committee of South China Market, said that Guangdong would no longer charge individuals for archive custody fees from January 1, 2016, which would be covered entirely by the government.

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    Adjustment of the Minimum Wage for Endowment Insurance in Guangzhou Will Be Delayed to January Next Year

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    Guangzhou Municipal Local Taxation Bureau revealed that, under the consent of the provincial government, the minimum wage for basic endowment insurance of enterprise employees in the year 2014 would be enacted in delay. That is to say, the minimum wage for the period from July 1 to December 31, 2014 is still subject to RMB 2139. The new standard of RMB 2408 previously prescribed for the year 2014 will be enacted from January 1, 2015.

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    Jiangsu Provincial Human Resources and Social Security Department recently issued a notice, demanding all places to strengthen investigation over employing units' compliance with working hours and seriously punish employing units with overtime hours exceeding the prescribed legal limits. Meanwhile, employing units with serious situations of asking employees to pull long shifts that far exceed legal limits will be severely punished in accordance with the law and exposed to the public.

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    A survey conducted by the China Youth Daily shows that, 58.6% of the surveyed say that young people that they know still value Hukou when looking for jobs. However, 60.0% of the surveyed express the willingness to settle their Hukou in rural areas, while 68.0% of the surveyed believe that the interests of lands are more valuable under current situations.

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    Guangdong has recently released its new policy on subsidies for skill improvement trainings of workers. That is, a worker can apply for government subsidy after obtaining vocational or skill qualification certification, with an amount ranging from RMB 200 to RMB 3500 per person per time, depending on the category and level.

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