I have reached retirement age, but the company contract has not expired, do I have to compensate for

If the employer dissolves or terminates the labor contract in violation of the relevant provisions of the Labor Law, if the employee does not request to continue to perform the contract or the contract can no longer be performed, the employer shall pay compensation to the dismissed employee in accordance with the law, according to the number of years of service, and compensate for one month's salary for one year of service.

Legal analysis

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee due to serious violations of discipline or other reasons.

If an employee is found to have seriously violated discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the rules and regulations formulated by the employer through democratic procedures that do not violate national laws, administrative regulations and policy provisions, and have been publicized to the employees, may be used as the basis for the people's court to hear labor dispute cases. Only a dismissal decision made in accordance with legal and effective rules and regulations can become the basis for the judgment of an arbitration institution or judicial organ.

Legal basis

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Hello, since you have reached the retirement age, of course, you should retire after going through the retirement procedures, the company is in accordance with the national policy to retire you, there is no company to dismiss you. If you sign an employment contract with the company after retirement, it is an employment contract, not an employment contract. You can only sue the company in the local court for contract disputes, and you cannot go through the labor arbitration process.

After the expiration of the contract, even if you have not reached the statutory retirement age, but the employer is unwilling to renew the labor contract with you, then the employment relationship between you and you will be terminated naturally. It's just that you can ask your employer to pay you severance based on the number of years you have worked. You cannot ask the employer to continue to renew the employment contract with you.

If the peace expires, but you have not yet reached retirement age, and the company wants to dismiss you, you can negotiate with the company, and if the company wants to dismiss you, then he will give you a certain amount of compensation.

What should you do if your contract expires but you have not yet reached retirement age and your employer wants to dismiss you? How do I know, before the retirement age is fired, you should go to the company.

If it is not your own reason, the company has the right to ask the company to pay economic compensation if you dismiss you.

When a worker reaches retirement age and the contract has not expired, the employer can dismiss the non-government worker, and there is no need to pay any economic compensation or compensation. Article 40 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances: 1) the labor contract expires; (2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, ordered to close down, revoked, or the employer decides to dissolve before the employer decides to discuss the defeat; (6) Other circumstances provided for by laws and administrative regulations.

Labor Contract Law.

If it is clearly stipulated that if a fixed-term labor contract is signed twice in a row from the beginning, the employee may request to sign an indefinite-term labor contract when it is signed for the third time.

The number of times before signing does not count. Therefore, if the contract expires next month and you have not met the conditions for signing an indefinite-term labor contract, the employer can not sign an indefinite-term labor contract.

When the employment contract expires, the employer does not need to renew the contract without any reason, but it shall pay you three months' salary according to the length of service from two and a half years to three years.

If you have the circumstances stipulated in Article 42 of the Labor Contract Law, then the employer shall not terminate the contract, and must renew the contract until the situation disappears, otherwise the employer violates the law, you can ask the unit to renew the contract, and if you do not ask to renew the contract, the employer shall pay you one month's salary for the previous length of service, and 3*2 = 6 months' salary for the later length of service.

Labor Contract Law.

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed period of medical treatment.

Within; 4) Female employees are pregnant, giving birth, or breastfeeding.

Target; 5) Have worked in the unit for 15 consecutive years and are close to the statutory retirement age.

less than five years;

6) Laws and administrative regulations.

Other circumstances as specified.

Those who are within 5 years of retirement age cannot be dismissed, and the contract should be renewed until retirement.

The disadvantage of contract workers is that the unit can find a reason to dismiss them when they expire.

Since the contract has expired, there is no way for the company to dismiss you, everyone is a company that is within the law, and it doesn't matter if you want to retire or not? During this period, you only need to negotiate with the company on the issue of compensation.

Summary. Hello! If a contractor reaches retirement age, he or she should terminate the employment contract with the company instead of being dismissed, according to state regulations.

According to the Labor Law of the People's Republic of China, when an employee reaches the statutory retirement age and the labor contract is terminated, the enterprise shall go through the retirement procedures for the employee in accordance with the law (Article 44). At the same time, the Labor Contract Law of the People's Republic of China stipulates that an employer shall fulfill its obligation to terminate a labor contract and pay economic compensation in accordance with the provisions of laws, regulations and labor contracts (Article 45). Therefore, if the enterprise fails to terminate the contract in advance in accordance with the provisions of the law and the contract, it shall pay the corresponding economic compensation.

When a contractor reaches retirement age and is fired by the company, is there any compensation?

Hello late! If a contractor reaches retirement age, he or she should terminate the employment contract with the company instead of being dismissed, according to state regulations. According to the Labor Law of the People's Republic of China, when a worker reaches the statutory retirement age and the labor contract is terminated, the enterprise shall go through the retirement procedures for him in accordance with the law (Article 44).

At the same time, the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with laws, regulations and labor contracts, fulfill its obligation to terminate the labor contract and pay economic compensation in accordance with the law (Article 45). Therefore, if the enterprise fails to terminate the contract in advance in accordance with the provisions of the law and the contract, it shall pay the corresponding economic compensation.

Extended supplement: The law stipulates that the amount of economic compensation shall be based on the length of service of the contract worker in the enterprise, wages and other circumstances, and shall have corresponding discretionary powers. If the enterprise fails to pay economic compensation in accordance with the law, it may negotiate with the enterprise to demand payment, and if the negotiation fails, it may file a labor dispute with the Labor Dispute Arbitration Commission or the people's court.

Summary. Hello, according to the provisions of the labor law, when a contractor reaches retirement age, the company can not renew the contract, but one month's notice is required. If the company terminates the contract without prior notice or in violation of the contract, it shall pay economic compensation.

The compensation standard is one month's salary for contract workers who have worked in the unit for more than one year but less than ten years; Those who have worked for more than 10 years shall be paid twice the monthly salary.

When a contractor reaches retirement age and is fired by the company, is there any compensation?

Hello, according to the provisions of the labor law, when the contract worker reaches the retirement age, the company can not renew the contract, but only one month's notice is required. If the company terminates the contract without prior notice or in violation of the contract, it shall pay economic compensation. The compensation standard is that if the contract worker has worked in the unit for more than one year but less than ten years, he or she shall be paid a monthly salary; Those who have worked for more than 10 years shall be paid twice the monthly salary.

Hello, according to Article 14 of the Labor Contract Law and Article 21 of the Regulations for the Implementation of the Labor Contract Law, the labor contract shall be terminated if the employee reaches the statutory retirement age. According to Article 46 of the Labor Contract Law, if an employee reaches the statutory retirement age and the contract is terminated, the employer is not required to pay severance payment.

When a contractor reaches retirement age and is dismissed by the company, is there any compensation? When a contractor reaches retirement age and is fired by the company, is there any compensation? The contract is terminated without financial compensation when the contractor reaches the statutory retirement age.

According to Article 44 (2) of the Labor Contract Law and Article 21 of the Regulations for the Implementation of the Labor Contract Law, the labor contract shall be terminated if the employee reaches the statutory retirement age. According to Article 46 of the Labor Contract Law, if the employee reaches the statutory retirement age and the contract is terminated, the employer is not required to pay severance payment. Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired; (2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations. Article 46 Under any of the following circumstances, the employer shall pay the worker economic compensation: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 21 of the Regulations for the Implementation of the Labor Contract Law stipulates that the labor contract shall be terminated if the employee reaches the statutory retirement age. Do you understand this explanation?