The state stipulates that employees should not be retired when they reach the legal age, and they mu

According to the "Interim Measures on the Retirement and Retirement of Workers" and the "Interim Measures on the Placement of Old, Weak, Sick and Disabled Cadres" (Guo Fa [1978] No. 104) issued in June 1978, the following circumstances can be handled:

Male employees must be at least 60 years old, female cadres at least 55 years old, female workers at least 50 years old, and have 10 years of continuous service or working experience;

Employees engaged in underground, high-altitude, high-temperature, heavy physical labor and other types of work harmful to health, male at least 55 years old, female at least 45 years old, continuous service or working years at least 10 years;

Male employees who are at least 50 years old, women who are at least 45 years old, and who have worked continuously or for more than 10 years, and who have been certified by the hospital and confirmed by the labor appraisal committee as completely incapacitated;

Disabled due to work, certified by the hospital (the worker and confirmed by the labor appraisal committee) completely incapacitated.

According to the Regulations on Work-related Injury Insurance (effective as of January 1, 2004):

If an employee is identified as having a first-level to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, quit the job, and enjoy the disability allowance on a monthly basis;

After the injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be suspended and the basic pension insurance treatment will be enjoyed;

If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.

At present, the state stipulates that the retirement age is 60 years old for men, 50 years old for women, and 55 years old for female cadres.

Legal Analysis: No. The labor contract shall be terminated when the employee reaches the statutory retirement age.

Reach the retirement age, men over 60, women 55 years old, the cumulative payment period is at least 15 years, pension can be retired, pension insurance paid for 15 years and above, including the actual payment period and deemed payment years of two parts, with special types of work years, the working years to reach the national provisions of the special types of work years of men 55 years old, women 45 years old, pension insurance up to 15 years, can be retired in advance, loss of ability to work, pension insurance up to 15 years can be retired in advance.

Legal basis: Article 16 of the Social Insurance Law 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.

Article 21 of the Regulations for the Implementation of Labor Contracts The labor contract shall be terminated if the employee reaches the statutory retirement age.

No. The labor contract shall be terminated when the employee reaches the statutory retirement age. Reach the retirement age, men over 60, women 55 years old, the cumulative payment period is at least 15 years, pension can be retired, pension insurance paid for 15 years and above, including the actual payment period and deemed payment years of two parts, with special types of work years, the working years to reach the national provisions of the special types of work years of men 55 years old, women 45 years old, pension insurance up to 15 years, can be retired in advance, loss of ability to work, pension insurance up to 15 years can be retired in advance.

Article 16 of the Social Insurance Law Individuals who participate in the basic endowment insurance and have paid contributions for 15 years or more 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 the social pension insurance for urban residents, and enjoy the corresponding endowment insurance treatment in accordance with the provisions of Zheng Mo. Article 21 of the Regulations for the Implementation of Labor Contracts If an employee reaches the statutory retirement age, the contract shall be terminated.

Legal analysis: Yes, the company does not need to pay compensation for dismissal at the retirement age, because when the retirement age is reached, the labor contract between the two parties is terminated, which does not meet the requirements for paying compensation, so the employer does not need to pay compensation or economic compensation to the employee.

According to the relevant provisions of the Labor Law of China, if the employee begins to enjoy the basic pension insurance benefits in accordance with the law, the labor contract shall be terminated.

The retiree is no longer a nominal employee in the law, and the relationship that exists after the retirement age is a labor relationship, and no longer belongs to the labor contract relationship.

According to the relevant provisions of the "Interim Measures on Retirement and Resignation", the state stipulates that people who have reached the retirement age or above cannot become the main body of labor in labor relations. From the day they reach retirement age, workers are legally cut off from their rights as labor subjects. Retired employees have actually legally lost their qualifications as the main body of employees, and the labor relations after retirement are not regulated by the Labor Law and the Labor Contract Law, so they cannot enjoy the work-related injury treatment, are not subject to the minimum wage, are not subject to working hours, and cannot enjoy relevant benefits, such as overtime compensation during holidays, compensation for termination of contracts, etc.

In the event of a dispute, labor arbitration cannot be conducted, and the only appeal can be made to the court.

Legal basis: Article 21 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated if the employee reaches the statutory retirement age.