Can labor dispatch achieve retirement?

Labor dispatch personnel refer to the labor dispatch company dispatches the corresponding talents to serve the enterprise according to the employment needs of the enterprise. They do not sign a labor contract directly with the company, but with a labor dispatch company, which is responsible for the payment of wages and other matters. So some people may ask, can labor dispatch workers work until retirement?

Let's let Jinyu network answer this question for you.

1. Can labor dispatch personnel be paid until retirement?

Labor dispatch workers can work until retirement, and the retirement system for labor dispatch employees is the same as that for ordinary employees. When an employee reaches retirement age, the labor dispatch company shall assist in the retirement. You can also go to the local social security bureau to handle it yourself.

According to the provisions of the Labor Contract Law, a labor dispatch entity is an employer for the purposes of this Law and shall fulfill its obligations to employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch entity and a dispatched worker shall also specify the employer of the dispatched worker, the duration of the dispatch, the position and other circumstances.

2. Can a labor dispatch worker retire at a dispatch company when he or she reaches retirement age?

When the statutory retirement age is reached, the dispatch company shall handle the retirement. In the case of labor dispatch, the dispatching unit is the employer and shall bear the legal responsibility of the employer in accordance with the law. If a dispatched worker reaches the statutory retirement age, the dispatching unit shall go through the retirement formalities.

However, now that the management of retired workers has been socialized, after retirement, it is not managed by the employer, but by the social insurance agency and the community. Article 58 of the Labor Contract Law provides that a labor dispatch entity is an employer for the purposes of this Law and shall fulfill its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Yes, but it's a bit of a struggle to implement.

According to the laws and regulations related to labor dispatch, each labor dispatch cycle is only 2 years.

This means that the labor dispatch contract is signed every 2 years, and the owner has to be changed many times to retire.

Answer, labor dispatch also has five insurances and one housing fund, but there is not much holiday allowance, and it works normally on holidays! If you retire when you are older, you will have less pension after retirement, but your pension will increase a little every year after retirement.

You can retire, but you are afraid that the company will be forced to dismiss you because you are too old.

Legal Analysis: Dispatched employees can retire. In addition, the retirement system for dispatched employees is the same as that for general employees.

After reaching retirement age, the labor dispatch company shall assist the employee in handling the retirement. You can also go to the local social security bureau to handle it yourself.

Legal basis: Labor Contract Law of the People's Republic of China

Article 63 Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit does not have workers in the same position, it shall be determined with reference to the scattered remuneration of the workers in the same or similar positions in the location of the employing unit.

Article 64 Dispatched workers have the right to join or organize trade unions in labor dispatch units or employing units in accordance with the law to safeguard their lawful rights and interests.

Dispatch workers have a pension. The basic pension, also known as the retirement fee, is one of the most important pension insurance benefits. The basic pension is composed of a basic pension, a personal account pension and a transitional pension, that is, the basic pension = basic pension + personal account pension + transitional pension.

Among them, since China's pension insurance system was gradually established in the 90s, the transitional pension as a transitional arrangement is not enjoyed by everyone.

Legal basisArticle 16 of the Social Insurance Law of the People's Republic of China Individuals who participate in the basic endowment insurance and 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.

The retirement system for dispatched employees is the same as that for ordinary employees. After reaching retirement age, the labor dispatch company should assist the employee in handling the retirement, or he or she can go to the local social security bureau to handle the retirement. The labor dispatch unit is the employer and shall fulfill the obligations of the employer to the employee.

Labor dispatch refers to a new form of employment in which a labor dispatch entity establishes a labor relationship with the dispatched worker and dispatches the worker to the employing unit, and the dispatched worker engages in labor under the command and supervision of the employing unit.

The following conditions shall be met for the operation of labor dispatch business: Qi ruined.

1. The registered capital shall not be less than RMB 2 million;

2. Have a fixed business premises and facilities suitable for carrying out business;

3. Have a labor dispatch management system that complies with laws and administrative regulations;

4. Other conditions stipulated by laws and administrative regulations.

Legal basis: Labor Contract Law of the People's Republic of China

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. When a labor dispatch entity concludes a labor contract with a dispatched worker that is suspected of being a concurrent worker, it shall, in addition to the matters provided for in Article 17 of this Law, also indicate the employer of the dispatched worker, the dispatch period, the position, and other circumstances.

Summary. Hello dear! I am glad to answer for you, dear, no, retirees are not allowed to go through labor dispatch, and specifically retirees cannot be dispatched for labor.

Because labor dispatch establishes a labor relationship, and the labor dispatch personnel belong to the laborers, and the retirees are no longer laborers, the labor dispatch cannot be carried out on the retirees.

Hello, pure dear! I am glad to answer for you, dear, no, retirees are not allowed to take labor dispatch, and specifically they cannot be dispatched to retire as family leavers. Because labor dispatch establishes a labor relationship, the labor dispatch personnel belong to the laborers, and the retirees are no longer laborers, so the labor dispatch of retirees cannot be carried out.

Dear and dear to you, Article 58 of the Labor Contract Law [Rights and Obligations of Labor Dispatch Units, Employers and Workers] Labor dispatch units are the employers referred to in this Law and shall fulfill the obligations of the employers to the employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the dispatched unit and the dispatched worker shall also indicate the dispatched worker's employment unit, dispatch period, job position, etc. The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Can I sign a labor contract and dispatch to the employer?

No, because labor dispatch establishes a labor relationship, labor dispatch personnel belong to laborers, and retirees are no longer open-minded workers, so they cannot be dispatched to retirees.

Is it okay to sign a labor contract directly with the employer? If a labor contract can be signed, is the tax calculation method labor tax or salary tax?

Relatives are also not allowed, and retirees are theoretically unable to meet the ability to work in a difficult situation, so they cannot become laborers, and they are not qualified to sign labor contracts.

I'm talking about labor contracts.

According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law (III) in the Trial of Labor Dispute Cases, "when the court handles the employment dispute between the retiree and the employer, the characterization of the contract is a labor relationship" It can be concluded that the retiree cannot sign a labor contract, but can only sign a labor contract.

Is the tax calculation method of signing a labor contract salary tax or labor tax?

The tax calculation method of signing a labor contract is based on the remuneration of labor services.

Dear, what else do you need help with?

Overage dispatch after hiring retirees is generally not considered labor dispatch. Retirees who have already received pensions do not have the qualifications to be the main body of workers, and the legal relationship between them and the dispatch company is not a labor dispatch relationship, and a labor service relationship under the civil law is a feast. Labor dispatch refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the dispatching agency.

Article 58 of the Labor Contract Law of the People's Republic of China A labor dispatch unit is an employer for the purposes of this Law and shall perform its obligations to employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch entity and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the job position, etc. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 32 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) Where an employer initiates a lawsuit in the event of an employment dispute with a person hired by an employer who has already enjoyed pension insurance benefits or received a retirement pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship. Where an enterprise has a person who is on leave without pay, a person who has not reached the statutory retirement age, a laid-off person who is waiting for work, and a person who is on a long vacation due to an employment dispute arising from the suspension of production and the new employer, the people's court shall handle it in accordance with the labor relationship.

Legal analysis: 1. How to calculate the retirement salary of labor dispatch.

1. Basic pension = (the average monthly salary of employees in the overall area of the previous year at the time of retirement + the average monthly indexed salary of the employee) 2 Payment period 1%;

2. Personal account pension = personal account balance calculated and issued for months;

3. Transitional pension = (the average monthly salary of the province's on-the-job employees in the previous year at the time of retirement + the average indexed monthly contribution salary) 2 The cumulative payment period of the personal account has not been established on or before December 31, 1995 Calculation coefficient).

2. What is retirement salary?

Pension is a part of the remuneration paid to employees or staff members of enterprises or institutions in a lump sum or in installments after retirement. The retirement method formulated by the enterprise should be conducive to enhancing the labor enthusiasm of the workers and workers, so that they can rely on their old age, and will be beneficial to social stability and the improvement of the enterprise's efficiency.

Legal basis: Social Insurance Law of the People's Republic of China

Article 11 The basic endowment insurance shall be combined with social pooling and personal accounts. The basic endowment insurance is composed of employers, grandchildren, imitation units and individual contributions, as well as subsidies.

Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool. Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts. Individually-owned businesses without employees, part-time employees who do not participate in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Article 13 Before the employees of state-owned enterprises and public institutions participate in the basic endowment insurance, the basic endowment insurance premiums that should be paid during the deemed payment period shall be borne by the first employee. When the basic endowment insurance is insufficient, it will be subsidized.