Employees have passed retirement age and the company is now bankrupt, so can they still get paid?

Those who have paid contributions for 15 years can receive a basic pension on a monthly basis.

Employees who retire have been converted from enterprise insurance to social insurance, and the original unit is bankrupt and meets the retirement conditions, and can retire as usual and receive a monthly pension.

The employee has passed the retirement age and has worked continuously for 10 years and meets the statutory retirement conditions. You can go to the local social insurance business hall to handle retirement. If the payment period is more than 15 years, the social insurance agency shall pay the basic pension on a monthly basis; If the payment period is less than 15 years, you can make up for 15 years to receive a basic pension on a monthly basis, or you can transfer to a new type of rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance treatment in accordance with the regulations.

Social Insurance Act

Article 16 Individuals participating in the basic endowment insurance who have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.

Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.

As long as you have the means to prove that you have worked for the company for no less than three days, you can go to the labor bureau to sue the company for not paying you a salary, and as long as your boss still has the ability to pay or has something to sell for cash, you can get the .. you deserve

Retired employees have an employment relationship with the employer, so the relevant provisions of the Labor Contract Law on economic compensation do not apply.

Labor Contract Law

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the laborer according to the number of years he or she has worked in the unit and the standard of 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 as economic compensation.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the worker, and the maximum period of payment of severance shall not exceed 12 years.

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.

When an employee reaches retirement age, the company does not compensate for dismissal. When the worker reaches the retirement age set by the legal state, that is, he must start to enjoy the basic pension insurance benefits in accordance with the law, and the labor contract has been terminated at this time. According to the law, the employer does not pay economic compensation or compensation after the termination of the Labor Partnership.

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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract. Article 87 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

First, if you want to receive a pension, one is to make up the payment, and the other is to extend the payment. If it is a supplementary payment, that is, the pension insurance before 99 years, it must be paid according to the specific policy of local social security. You can apply for an extension of contributions, that is, you can go through the retirement procedures after another 5 years of contributions.

Second, the process of handling endowment insurance:

1. The insured person shall go to the social security institution of the original place of insurance to issue the "Basic Pension Insurance Payment Certificate";

2. The insured person shall apply for continuation of the relationship with the social security institution of the new place of employment with the payment voucher, household registration, ID card, etc.;

3. The social security institution of the new place of employment will review whether the applicant meets the conditions;

4. After receiving the "Contact Letter", the social security institution of the original insured place will clean up whether the applicant's insurance payment is in arrears and handle the transfer of pension insurance, terminate the applicant's local insurance relationship, and issue the "Basic Pension Insurance Relationship Transfer and Continuation Information Form" to the new insured place;

5. The social security institution of the new insured place shall complete the relevant procedures within 15 working days after receiving the "Information Form" and the transfer**. Extended InformationThe pension insurance systems in different countries around the world are classified as follows:

1. Savings endowment insurance. The savings pension insurance system is implemented in a number of emerging market economic countries, represented by Singapore, Chile and other countries, emphasizing the principle of self-proofing protection, implementing the banquet base model of complete accumulation, and establishing different types of personal pension insurance accounts or "provident fund" accounts.

2. National endowment insurance. The state-type pension insurance system used to be implemented in most planned economy countries, represented by the former Soviet Union and Eastern European countries. In accordance with the principle of "national contracting", the employer pays the fee, the state organizes and implements it in a unified manner, the workers participate in the management, the treatment standard is unified, and the level of security is high.

3. Traditional endowment insurance. Traditional endowment insurance is represented by developed market economy countries such as the United States, Germany and France, and implements the principle of "selectivity", that is, it does not cover all citizens, but selects a part of the society to participate, emphasizing that the treatment is related to wage income and payment (tax), so it can also be called "income-related endowment insurance".

4. Welfare-based endowment insurance. Welfare-based old-age insurance is represented by developed market economies such as the United Kingdom, Australia, Canada, and Japan, and implements the principle of "Generalized System of Preferences", and the basic old-age insurance covers all citizens, emphasizing that all people have annuities, so it is called "welfare-type" or "Generalized System of Preferences" old-age insurance.

5. Mixed endowment insurance. Most of the countries that have implemented welfare-based pension insurance have or are in the process of transitioning to a hybrid system. That is, welfare-based endowment insurance and "income-related endowment insurance" coexist at the same time, and together constitute the basic endowment insurance of the first pillar.

This is the case in the United Kingdom and Canada.

Employees of bankrupt units are also retired at the age of retirement in accordance with state regulations, and there is no special preferential policy, unless it is a national policy bankruptcy, they can retire early and bury their leave.

1. The retirement age for enterprise employees prescribed by the state is: 60 years old for men, 50 years old for female workers, and 55 years old for female cadres.

2. For those engaged in underground, high-altitude, high-temperature, particularly heavy physical labor or other work harmful to physical health (hereinafter referred to as "special types of work"), the retirement age is 55 years old for men and 45 years old for women;

If the person is disabled due to illness or non-work-related reasons, and is certified by the hospital and confirmed by the labor appraisal committee to be completely incapacitated, the retirement age is 50 years old for men and 45 years old for women.

If the cumulative contribution is less than 15 years when the statutory retirement age is reached, the basic pension can be paid until the 15th year has passed, and then the basic pension will be paid on a monthly basis;

It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.

Those who pay social security late, or who have not paid for a long time due to work, and who do not pay in the same city. You can choose to pay the difference in a lump sum, and you can receive a pension when you reach retirement age.

If you are only one or two years away from completing 15 years, it is recommended that you continue to pay until you reach 15 years, and then receive pension insurance. In comparison, it is more cost-effective.

If this situation is in Hebei, it is possible to handle retirement, as long as you have paid contributions in state-owned or collective enterprises for more than 10 years, you can retire at the age of 50.

If the worker status has paid the pension insurance for 15 years, he can go through the retirement procedures.

1. Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" shall retire if they meet one of the following conditions.

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 underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more.

2. Retirement age for employees of bankrupt state-owned enterprises:

Employees of bankrupt state-owned enterprises in 111 pilot cities with capital structure (except for retirees from special types of work, and retirements of persons who have completely lost their ability to work due to illness or non-work-related disability) can retire five years in advance.

Employees of resource-exhausted bankrupt and closed enterprises may retire five years earlier while enjoying the retirement policy for employees of bankrupt state-owned enterprises in 111 pilot cities with a capital structure.

Can you retire early if a Sichuan coal mine goes bankrupt.

Retirement age for male cadres and employees of bankrupt enterprises.

First, the current regulations stipulate that urban workers are 60 male, 50 female, and 55 are retired at the age of 55.

Second, if a unit closes down and goes bankrupt, as long as it has not reached the retirement age, it should be compensated for one year's working years and one month's salary.

According to the Enterprise Bankruptcy Law, if an enterprise goes bankrupt, the bankruptcy estate shall pay the basic pension insurance and basic medical insurance premiums in priority, as well as the economic compensation paid to the employee when the labor contract is terminated. If an employee fails to re-employ in a timely manner, he or she shall receive unemployment insurance money within a certain period of time. If an individual is unable to continue to pay social security contributions, the insurance should be suspended.

If you are re-employed, of course, the new employer will continue to pay.

1. The correct way to deal with the pension insurance for the bankruptcy of the enterprise is: the social security bureau should calculate the monthly retirement expenses in accordance with the relevant provisions of the state, and the retirees of the bankrupt enterprises adopt the method of one-time settlement of the retirement pension, which affects the basic life of the retirees and the stability of the society, please read below for details.

According to the Enterprise Bankruptcy Law, if an enterprise goes bankrupt, the bankruptcy estate shall pay the basic pension insurance and basic medical insurance premiums in priority, as well as the economic compensation paid to the employee when the labor contract is terminated. If an employee fails to re-employ in a timely manner, he or she shall receive unemployment insurance money within a certain period of time. If an individual is unable to continue to pay social security contributions, the insurance should be suspended.

If you are re-employed, of course, the new employer will continue to pay.

2. The Notice on Issues Concerning the Trial Implementation of the Bankruptcy of State-Owned Enterprises in Several Cities (Guo Fa 1994 No. 59) and the Supplementary Notice on Issues Concerning the Trial Implementation of the Merger and Bankruptcy of State-owned Enterprises and the Reemployment of Employees in Several Cities (Guo Fa 1997 No. 10) clearly stipulate that "the retirement pension and medical expenses of the retirees of bankrupt enterprises shall be managed by the local pension and medical insurance institutions. Those who have participated in the social co-ordination of endowment insurance and medical insurance shall be paid by the endowment and medical insurance institutions in the pilot cities respectively from the social co-ordination of endowment insurance and medical insurance.

If the enterprise does not participate, or the endowment insurance and medical insurance are insufficient, it shall be paid from the income from the transfer of the land use right of the enterprise; Where the income from the disposal of land use rights is insufficient to pay, the insufficient part shall be paid from the income from the disposal of unsecured property and mortgaged property.

Pay your own pension insurance, and retire by social security when you reach the age.