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#95  Sep 11, 2014    email version

合同续签中,劳动合同的内容是否必须保持不变?

Must contents of the labor contract remain unchanged during renewal?

劳动合同变更一般可以采取哪些形式?变更合同期限有哪些风险?合同续签中,劳动合同的内容是否必须保持不变?如何避免此类纠纷?

What forms can be adopted in term of amending the labor contract? What are the risks for changing the period of the labor contract? During contract renewal, must contents of the labor contract remain unchanged? How can we avoid such disputes?

  • 双重劳动关系的法律风险把控
  • Legal risk control in dual labor relations
  • 并不是劳动者一旦构成双重劳动关系,单位就取得了当然的单方劳动合同解除权,还必须证明劳动者对完成本单位工作造成了负面影响,且这种影响是严重的。
  • It does not necessary mean that the constitution of dual labor relations brings about the unilateral right of dissolution of the labor contract by the working unit. It is also necessary to prove that the employees have brought about negative impact over the employing unit, and the impact is severe.
雇佣动态 / Employment Express
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    SAIC: Enterprises with Four Scenarios Will Be Enlisted in the Abnormality List

    国家工商总局外资注册局局长马夫近日表示,企业发生四种情形将会被列入经营异常名录,而被列入经营异常名录的事由自列入之日起满3年仍未消失的,将被列入严重违法企业名单。

    Ma Fu, Secretary of the Bureau for Registration of Foreign-Invested Enterprises of the State Administration for Industry & Commerce (SAIC), recently expressed that enterprises with four scenarios will be enlisted into the operation abnormality list, and, if such scenarios do not disappear with three (3) years upon the enterprise is enlisted into the list, the enterprise will be included in the list of enterprises with serious violations.

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    Li Keqiang: Newly Registered Enterprises Skyrocketed

    李克强总理日前表示,1到8月份,新注册市场主体超过800万家,带动了上千万人就业。就新注册企业个数来说,自商事登记制度改革开始到现在不过半年时间,同比增幅近60%。

    Premier Li Keqiang recently said that, newly registered market entities in January to August exceeded 8 million, creating jobs for tens of millions. The number of newly registered enterprises increased by 60% year-on-year in the less than six months since reforms of the commercial registration system.

  • 国家版国企改革方案最快年内出台

    State Version of SOE Reform Program May Be Introduced within the Year at Soonest

    国资委人士处近日透露,目前国资委和相关部门正在加快研究和制定被称为国家版的国企改革总体方案:《关于深化国有企业改革的指导意见》。据悉,该方案最快有望在年内出台。

    Recently, the State-owned Assets Supervision and Administration Commission (SASAC) revealed that SASAC is researching on and formulating the state version of overall SOE reform program in joint forces with relevant departments at a faster pace, i.e., Guiding Opinions on the Deepening the Reform of State-owned Enterprises. It is reported that the program may be introduced within the year at soonest.

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    Guangzhou Proposes to Regulate that Employing Units Cannot Terminate Labor Contracts with Workers Having Occupational Diseases

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    The Occupational Health Supervision and Management Regulations of Guangzhou (Exposure Draft) is currently soliciting legislation opinions. The Regulations expressly regulate that employing units cannot terminate labor contracts with workers who are suspected of having occupational diseases or who have been confirmed as contracting occupational diseases but have not get compensations yet.

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    Shanghai Promulgates New Measures for Withdrawal of House Provident Fund

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    Shanghai has recently promulgated a series of new measures to improve the withdrawal and use of house provident fund, in order to crack the hard nut of "withdrawing" house provident fund. According to such measures, families renting low-income houses recognized by the government can withdraw house provident fund based on the monthly rent of the family, and families who rent commodity houses can withdraw up to RMB 2000 each month, compared with only RMB 1000 before.

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    财政部部长楼继伟近日透露,1至6月,全国社会保险基金收入1.98万亿元,增长14.8%,支出1.7万亿元,增长18.8%。截至6月底,累计结余4.93万亿元。

    Finance Minister Lou Jiwei recently revealed that, from January to June, the national social insurance fund had an income of RMB 1.98 trillion and expenditure of RMB 1.7 trillion, increasing by 14.8% and 18.8%, respectively. As at the end of June, its cumulative balance reached RMB 4.93 trillion.

  • 2400

    北京大学市场与媒介研究中心发布的一份调查显示,今年新就业大学生的平均月薪只有2400元左右,呈逐年下降走势,四成大学毕业生还在“啃老”

    A survey conducted by the Market and Media Research Center of Peking University shows that, the average monthly salary of fresh graduates this year is only around RMB 2400, declining year by year. Nearly 40% of college graduates still need to live off their parents.

  • 124

    刚刚出炉的中报数据显示,A股上市公司前三名高管的薪酬是公司平均薪酬的6.88倍,而万科成为高管与员工平均薪酬差距最大的三家公司,相差倍数为124。

    Newly released interim data shows that top three executives with highest remunerations among all A-share listed companies have remuneration 6.88 times of the average level. Wherein, China Vanke is among the top three companies with greatest gap between remuneration of executives and remuneration of employees, with a difference of 124 times.

  • 20%

    一份针对广东的调查显示,逾六成受访者表示单位有带薪年休假制度,但仅有二成多受访者称每年有享受到带薪年休假。若单位没有执行带薪年休假制度,76 .39%的受访者表示不会主动争取。

    A survey targeted at Guangdong reveals that, over 60% of the surveyed say that their companies have the paid leave system, but only 20% of them say they have enjoyed paid leaves. If the company does not initiatively enforce the paid leave system, 76.39% of the surveyed say they wouldn't fight for it.

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