Compensation for retirees related to enterprise restructuring

Legal analysis: Retired workers in the restructuring of collective enterprises are compensated, and when the collective enterprises are restructured, they should compensate the working masses (including the retired employees of the collective enterprises) in accordance with the regulations, and at the same time solve the problems left over from history, including the handling and compensation of internal retirement.

Legal basis: "Regulations on Urban Collectively Owned Enterprises" Article 4 The property of urban collectively-owned enterprises belongs to the provisions of "collective ownership by the working masses of the collective enterprise" and the provisions and practices of restructuring, after all the assets of the enterprise are withdrawn, the remaining net assets can be quantitatively distributed according to the amount of capital contribution, the size of the contribution, the length of service and other factors after the repayment of internal and external affairs, the repayment of employees' wages, compensation for temporary workers, contract workers and work-related injuries, and other economic compensation.

Legal analysis: Retired workers in the restructuring of collective enterprises are compensated, and when the collective enterprises are restructured, they should compensate the working masses of the collective enterprise (including the retired employees of the enterprise) in accordance with the regulations, and at the same time solve the problems left over from history, including the handling of compensation for retired employees.

Legal basis: Article 4 of the Regulations on Urban Collective-Owned Enterprises Article 4 The property of an urban collective-owned enterprise is "collectively owned by the working masses of the collective enterprise" and the regulations and practices of restructuring, after the assets of the enterprise are all sold, the remaining net assets can be quantitatively distributed according to factors such as the amount of capital contribution, the size of the contribution, and the length of service after the enterprise assets are sold.

There are two aspects of compensation in the restructuring of state-owned enterprises: 1. Statutory compensation, that is, the compensation stipulated in the Labor Contract Law. 2. Policy-based compensation: During the restructuring, the enterprise and the higher-level competent authority will formulate the restructuring party security, and give the restructured workers corresponding policy treatment and economic compensation.

In this contemporary society, the restructuring of state-owned enterprises has always been a key concern of our country, in our real life, the restructuring of state-owned enterprises is the problem of compensation for ordinary people, many people want to clearly understand what the retirement subsidy for state-owned enterprises is according to the provisions of China's law? So, let's introduce the relevant knowledge in detail.

1. According to the provisions of China's laws, what is the retirement subsidy for the restructuring of state-owned enterprises

There are two aspects of compensation in the restructuring of state-owned enterprises: one is statutory compensation, that is, the compensation stipulated in the Labor Contract Law; The second is policy-based compensation, in the case of restructuring, the enterprise and the higher-level competent authority will formulate a restructuring party, and give corresponding policy treatment and economic compensation to the restructured workers.

Article 44 of the Labor Contract Law, Termination of Contract:

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.

Article 45 of the Labor Contract Law.

Upon the expiration of the labor contract, if there is any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

2. Payment method of severance payment

In the restructuring of state-owned capital withdrawal carried out by state-owned enterprises, because the economic compensation must be paid and cannot be discounted, the headache for the restructured enterprises is how to pay the relatively huge restructuring costs, and after the restructuring costs are paid, it will not affect the development of the enterprises after the restructuring, so it is particularly important to pay the compensation for economic appeal.

First of all, for different enterprises, their compensation standards are different, and secondly, they include the retirement subsidy for the restructuring of state-owned enterprises under normal circumstances, and the retirement subsidy for the restructuring of enterprises that go bankrupt.

Summary. Dear friends, the standard of employee severance should be consistent with the average monthly wage of the enterprise under normal production conditions in the 12 months before the termination of labor relations; If the average monthly wage of employees exceeds the average monthly wage of the enterprise, it shall be determined according to the standard of not more than 3 times; If the average monthly wage of employees is lower than the average monthly wage of the enterprise, it shall be determined in accordance with the average monthly wage of the enterprise. Determination of the employee's working years.

The determination of the length of service of an employee who has terminated labor relations should be distinguished into two situations: first, the length of service of the employee in the enterprise should be directly considered; Second, the employees who are transferred to the enterprise from other units can be combined when calculating the working years of the employees. In practice, whether the calculation is combined is mainly based on whether the employee has signed a fixed-term labor contract with the enterprise and the status of the employee and the enterprise (permanent status or employment status).

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Compensation standards for retired employees restructured by enterprises.

Dear friends, the standard of employee severance should be consistent with the average monthly wage of the enterprise under normal production conditions in the 12 months before the termination of labor relations; If the average monthly wage of employees exceeds the average monthly wage of the enterprise, it shall be determined according to the standard of not more than 3 times; If the average monthly wage of employees is lower than the average monthly wage of the enterprise, it shall be determined in accordance with the average monthly wage of the enterprise. Determination of the employee's working years. The determination of the working years of an employee who has terminated labor relations should be distinguished into two situations:

The first is to directly consider the length of service of employees in the enterprise; Second, the employees who are transferred to the enterprise from other units can be combined when calculating the working years of the employees. In practice, whether the calculation is combined is mainly based on whether the employee has signed a fixed-term labor contract with the enterprise and the status of the employee and the enterprise (permanent status or employment status). Thank you <>

Legal basis: According to the notice of the Ministry of Finance and the State Administration of Taxation on the exemption of individual income tax on one-time compensation income obtained from the termination of labor relations with employers, the part of the employee obtained by the employee that exceeds three times the average salary of the employee in the previous year shall be calculated and levied in accordance with the relevant regulations.

Summary. Hello! We're happy to answer for you!

No! According to Article 21 of the Regulations for the Implementation of the Labor Contract Law, "the labor contract shall be terminated when the employee reaches the retirement age". The Regulations do not stipulate that employers are obliged to pay severance payments.

In accordance with the statutory principle of strict liability and Article 46 of the Labor Contract Law, if the employment contract is terminated due to the employee reaching retirement age, the employer shall no longer bear the additional liability for the payment of severance payments.

Is there any compensation for employees who retire after the restructuring of state-owned enterprises?

Hello! We're happy to answer for you!

No! According to Article 21 of the Regulations for the Implementation of the Labor Contract Law, "the labor contract shall be terminated when the employee reaches the retirement age". The Regulations do not stipulate that employers are obliged to pay severance payments.

In accordance with the statutory principle of strict liability and Article 46 of the Labor Contract Law, if the employment contract is terminated due to the employee reaching retirement age, the employer shall no longer bear the additional liability for the payment of severance payments.

Compensation should be given. Article 21 of the Regulations for the Implementation of the Labor Contract Law stipulates that "the labor contract shall be terminated when the employee reaches the retirement age". The Regulation also does not stipulate that the employer shall be obliged to pay severance payments.

Therefore, in accordance with the statutory principle of strict liability and Article 46 of the Labor Contract Law, the employer shall no longer bear the additional liability for the payment of severance if the employment contract is terminated because the employee reaches retirement age.