Hello, if the employee is over 60 years old, will the company compensate for dismissal?

Hello, if the employee is over 60 years old and reaches the retirement age, the labor relationship will be terminated naturally, and the employer does not need to pay any economic compensation or compensation if the employee dismisses the employee.

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.

In accordance with the Labor Contract Law

Article 44 The labor contract shall be terminated 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 worker 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5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Extended Materials. Circumstances in which compensation is required for dismissal:

Labor Contract Law

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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 the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

If both parties complete the contractual obligations as agreed in the contract, but the company does not renew the contract, this is not called dismissal!!

If an employee commits a breach of contract in the execution of the contract and is terminated early, it is called dismissal.

If the company breaches the contract in the execution of the contract and the contract is terminated early, this is called a breach of contract and should be compensated!!

If the employee is over 60 years old, the company's dismissal is normal, there is no need to compensate, and it can be handled according to the normal retirement treatment, because 60 years old has reached the statutory retirement age, and the company no longer uses it is normal. There is no such thing as compensation.

If you are over 60 years old, you will reach retirement age, and the company will not pay compensation for your dismissal.

Reach retirement age.

Termination of Contract. No compensation is required.

If the company dismisses an employee without giving notice of dismissal, the employee may request the employer to provide it or file a complaint with the local labor inspection brigade, and the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

Legal analysisIf the company does not agree to issue a certificate of termination of labor relationship for the parties, it can file a complaint with the labor arbitration department and request the company to issue it. In this case, there are three different types of efficiency certificates: First, the expiration of the labor contract

This contract can be taken to the social security department to go through the unemployment procedures and receive unemployment benefits. Second, if the labor contract has not expired and the company dismisses the party, it should also go to the social security department to go through the unemployment record and receive unemployment benefits. Third, if the labor contract has not expired, the company must also issue a certificate to explain that the labor relationship has been terminated with the company due to personal reasons, in this case, it cannot get the certificate to the social security department to register for unemployment and receive unemployment benefits.

According to the relevanceLaws and RegulationsIt stipulates that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: the employee is sick or injured not due to work, and cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal basisArticle 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

No compensation is required for the dismissal of employees over the age of 60. Employees who have reached the statutory retirement age and have gone through the retirement procedures to enjoy retirement benefits are not required to pay severance payments. If an employee who has reached the statutory retirement age is dismissed, and the employee is unable to go through the retirement procedures and cannot enjoy retirement benefits, he or she is still required to pay severance payments.

Legal analysisThe termination of the labor contract between the two parties of the employee who has passed the retirement age is not subject to the payment of economic compensation. Under the Labor Law, the compensation standard for dismissed employees is calculated based on the combination of length of service and salary. As an employee who has signed a contract, if he is dismissed without reason while working for the company, then the employer must compensate.

Severance is the severance paid by the employer to the employee according to the employee's working years when the circumstances of the termination or termination of the labor contract comply with the relevant provisions of the Labor Contract Law. According to the regulations, when the employer terminates the employment relationship with the employee, the employer shall pay the employee one month's salary for each full year of the employee's service in the employer if the circumstances prescribed by law are met. 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" refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal basisArticle 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 the first paragraph of Article 41 of this Law; 5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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; 6) Termination of 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.

Answer: There is no age limit for financial compensation. Although the employee has reached the retirement age of 60, the employer and the employee continue to perform the contract, and if the employer terminates the labor contract or terminates the labor contract in the future, it shall still pay the employee one month's salary according to the number of years the employee has worked in the employer, and shall pay the employee one month's salary for each full year.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

If an employee has already enjoyed pension insurance benefits or received a retirement pension in accordance with the law, he or she does not need to pay compensation.

Employees over 60 years old who reach retirement age and retire in accordance with the law enjoy retirement benefits. In this case, it is not dismissal and no financial compensation is required.

If you are retired at the age of 60 and work in the company, it is a labor relationship and cannot establish a labor relationship, and the dismissal compensation shall be handled according to the contract.

Employees over 60 years old and the company do not have a labor contract relationship, it is a labor relationship, the labor relationship is the temporary employment of the unit, the unit dismisses the labor personnel over 60 years old without economic compensation, but the unit should take the initiative to make humanitarian compensation for the dismissal of labor workers is the most popular.

You use others, and people don't reuse them when they get old. People over 6o years old are ready to be dismissed. If you don't want to use it, you don't need it? According to the labor law, you must pay compensation on a per-year basis.

This situation is such that the labor relationship is terminated and there is compensation.

However, those over 60 years old are in an employment relationship, so there is no compensation.

When people reach 60, it is time to retire, and your company is in common business until 60 years old, and you have a certain amount of compensation. Check with the labor department to see what compensation is needed.

There is no need for compensation, thinking that he, they got a double salary, one for retirement, and one for a guaranteed salary

If you are over 60, you will retire, and there is no such thing as dismissal

Summary. According to the regulations, the labor contract shall be terminated 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 worker 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, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Hello, if the employee is over 60 years old, will the company compensate for dismissal?

Hello friends, I am consulting the scum Mr. Sun, professional workplace and social security issues, I am very happy to ask me about your question, the employee is over 60 years old, the company's dismissal is not compensated for the draft hail base, for the employees who have reached the statutory retirement age, the defense is clear, the unilateral termination of the labor contract by the employer does not violate the law, and the labor relationship can no longer be established with the company after the age of 60, in the labor relationship, Both the employer and the employee can terminate the employment relationship at any time and at any time.

There is no compensation for dismissal over the age of 60 in the labor relationship, and the employment contract is automatically terminated after the age of 60 has reached the statutory retirement age.

There is no compensation for dismissal over the age of 60 in the labor relationship, and the employment contract is automatically terminated after the age of 60 has reached the statutory retirement age.

There is no compensation for dismissal over the age of 60 in the labor relationship, and the employment contract is automatically terminated after the age of 60 has reached the statutory retirement age.

According to the provisions, the labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance in accordance with the law, and is to be met during chiropractic training; (3) The laborer dies, or is declared dead by the people's court, or Xuan Yingshan is missing; 4) The employer has been declared bankrupt in accordance with law; 5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule; 6) Other circumstances provided for by laws and administrative regulations.

There is no labor contract with the Labor Department.

After 60, you can be dismissed.

After 60, you can be dismissed.