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Men are 60 years old, female cadres are 55 years old, and female workers are 50 years old.
The statutory retirement age refers to the retirement age approved by the second meeting of the Standing Committee of the Fifth National People's Congress, the "Interim Measures on the Placement of Old, Weak, Sick and Disabled Cadres" and the "Interim Measures on the Retirement and Retirement of Workers" (Guo Fa 1978 No. 104).
Workers in enterprises, public institutions, party and government organs, and mass organizations owned by the whole people who meet one of the following conditions shall retire.
1) Men are at least 60 years old, women are at least 50 years old, and have a cumulative length of service of 10 years or more;
2) Men who are at least 55 years old and women who are at least 45 years old, with a cumulative length of 10 years, are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health;
3) Men who have reached the age of 50 and women who have reached the age of 45 and who have worked for a total of 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee, shall be allowed to retire if they have completely lost their ability to work.
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1. The legal representative of a private enterprise, or the legal representative, has only one identity, not a profession, and there is no problem of retirement.
2. The legal representative refers to the person who exercises authority on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person. Generally, it is the chairman of the board of directors or the chief administrative person in charge of the company, and it can also be other people who are permitted by law and related to the operation of the company.
3. If the legal representative of a private enterprise needs to be changed, it is necessary to pass the relevant change decision by the legal person in accordance with the relevant provisions of the Company Law, and provide a new legal representative candidate to go through the change procedures with the Market Management Bureau.
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Regardless of whether it is a private company, a state-owned enterprise, or a foreign company, the retirement age is the same: 60 years old for men, 50 years old for female workers (55 years old for managerial and technical positions).
It's just that the owner of a private enterprise will not change, but the owner does not mean that it is a legal person, and the two are not the same. As long as the owner does not give up the shares, they will own it for life until death.
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Article 1 of the Interim Measures for the Retirement and Retirement of Workers (Guo Fa (1978) No. 104 stipulates that "workers in enterprises and institutions owned by the whole people, as well as party and government organs and mass organizations, shall retire if they meet one of the following conditions: (1) Men who have reached the age of 60 and women who have worked continuously for 10 years; (2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, where men are at least 55 years old, women are at least 45 years old, and have worked continuously for 10 years or more; This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men are at least 50 years old, women are at least 45 years old, have worked continuously for 10 years or more, and have been certified by a hospital and confirmed by the labor appraisal committee that they have completely lost the ability to work; (4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.
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According to the "Interim Measures on the Retirement and Retirement of Workers" and the "Interim Measures on the Placement of Old, Weak, Sick and Disabled Cadres" (Guo Fa [1978] No. 104) issued in June 1978, the following circumstances can be handled:
1) Male cadres and workers must be at least 60 years old, female cadres at least 55 years old, female workers at least 50 years old, and have 10 years of continuous service or working experience.
2) Employees engaged in underground, high-altitude, high-temperature, heavy physical labor and other types of work harmful to health, male at least 55 years old, female at least 45 years old, continuous service or working years at least 10 years.
3) Employees who are at least 50 years old for men and 45 years old for women, with 10 years of continuous service or working experience, have been certified by the hospital and confirmed by the labor appraisal committee as completely incapacitated.
4) Disabled due to work, and completely incapacitated by the hospital (the worker and confirmed by the labor appraisal committee). According to the Regulations on Work-related Injury Insurance (effective as of January 1, 2004), if an employee is identified as a first-grade to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, quit the job, and enjoy the disability allowance on a monthly basis; After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance benefits will be enjoyed. If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.
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Legal Analysis: Retirement age for corporate entities. 1. The legal representative of a state-owned enterprise or an enterprise in which state-owned assets have a stake, if he is a civil servant, shall retire at the age of 60 for men and 55 for women
Individually, but because the work is really needed, the body can be persistent, and with the approval of the organization, it can also be retired for a certain period of timeThey generally cease to be legal representatives when they retireSecond, if it is a private enterprise, the legal representative receives a retirement salary in the social security at the age of 60 for men and 50 for women.
Legal basis: Article 4 of the "Measures for the Temporary Dust Liang Xing on the Placement of Old, Weak, Sick and Disabled Cadres" Cadres of party and government organs, mass groups, enterprises, and public institutions can retire if they meet one of the following conditions.
1) Jianchang who is at least 60 years old for men and 55 years old for women, and has participated in revolutionary work for at least 10 years.
2) Men who have reached the age of 50 and women who have participated in revolutionary work for at least 10 years and who have been certified by a hospital to be completely incapacitated.
3) Disabled due to work, and completely incapacitated by the hospital as certified.
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1. What is the retirement age of a legal person?
1. The retirement age of legal persons is as follows:
1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years;
2) Engaged in work harmful to physical health, men at least 55 years old, women at least 45 years old, and 10 years of continuous service. This provision also applies to grassroots cadres who work under the same conditions as workers;
3) Men who have reached the age of 50 and women who have reached the age of 45 and have worked continuously for 10 years or more shall be certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated;
4) Disabled due to work, confirmed by the labor appraisal committee, completely incapacitated.
2. Legal basis: Article 13 of the Interim Measures on the Retirement and Retirement of Workers.
The provincial, municipal, and autonomous regional revolutionary committees shall formulate specific measures for the retirement and dismissal of workers in collective-owned enterprises and institutions with reference to these measures and in light of the actual conditions of the collective-owned units in their respective regions, and their various benefits shall not be higher than the standards set forth in these measures.
2. What is the calculation method of pension?
1. The basic pension is equal to the average monthly salary of the on-the-job employees in the province in the previous year at the time of retirement plus the average indexed monthly salary of the person divided by 2 in Dachan, multiplied by the number of years of payment, multiplied by 1%;
2. The personal account pension is equal to the amount of personal account savings at the time of retirement divided by the number of months corresponding to the retirement age. If there is a one-child certificate, the total pension will be increased by 5%. Those who joined the service on or before 30 September 1998 will have a transitional pension.
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Legal analysis: The retirement age limit for corporate legal representatives is 60 years old for men, 55 years old for female cadres, and 50 years old for female workers.
The legal representative of a company generally refers to the legal representative of the company. The legal representative refers to the person in charge who is allowed to act on behalf of the legal person in accordance with the law or as stipulated in the articles of association of the legal person. China's law implements a single legal representative system, and it is generally considered that the principal administrative person of a legal person is its sole legal representative.
The legal representative of a private enterprise, or the legal representative, has only one identity, and it is not a profession, and there is no problem of retirement.
Legal basis: Resolution of the Standing Committee of the National People's Congress on Approving the "Interim Measures for the Placement of Old, Weak, Sick and Disabled Cadres" Article 4 Cadres of Party and government organs, mass organizations, enterprises, and public institutions may retire if they meet one of the following conditions. (1) Men are at least 60 years old, women are at least 55 years old, and have participated in revolutionary work for 10 years or more; 2) Men who have reached the age of 50 and women who have participated in revolutionary work for at least 10 years and who have been certified by a hospital to be completely incapacitated. (3) Disabled in the course of duty, and completely incapacitated as certified by the hospital.
Generally speaking, as the legal representative of the company, there will be certain shares and dividends, in addition, the legal representative also has the following rights: 1. The legal representative of the enterprise shall exercise his powers and perform his obligations within the scope of his authority stipulated in national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the legal person of the enterprise, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities. 2. The legal representative of the enterprise may entrust others to perform the duties on his behalf. >>>More
Legal analysis: 1. The industrial and commercial blacklist is restricted for three years, and the legal representative cannot establish a new company within three years, and cannot serve as the legal representative or person in charge of other enterprises; >>>More