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What is the basis for the retirement policy for flexible workers?
In accordance with the spirit of the "Decision on the Establishment of a Unified Basic Pension Insurance System for Enterprise Employees", the Ministry of Labor and Personnel of the People's Republic of China issued the Notice on Improving the Basic Pension Insurance Policy for Urban Employees in 2001 (2001) No. 20 Document of the Ministry of Labor and Social Security.
Self-employed persons and those who take various ways of flexible employment, after participating in the endowment insurance, pay the endowment insurance in accordance with the proportion of contributions stipulated by the provincial **, men reach 60 years old, women reach 55 years old, and the cumulative payment period reaches 15 years, and they can receive the basic pension according to the regulations.
So far, apart from this document, which clearly stipulates the conditions for flexible workers to receive a basic pension, no other documents have been found, which is why female flexible workers need to be 55 years old before they can retire and receive a pension.
policy basis.
Pension insurance for flexibly employed persons.
It is different from the pension insurance for urban employees.
The pension calculation standard is the same between the two, but the insured population is different. Flexible Employment Pension Insurance.
As the word suggests, the main insured population is the flexible employment population, that is, the people who have no fixed job, are unemployed, and are waiting to be employed.
Retirement age for men in flexible employment.
It is 60 years old, but women are different, and they are divided into 50 years old and 55 years old depending on the region. The reason for this is that some regions have determined the retirement age of 50 years old before 2001, but all regions have uniformly issued the retirement age of 55 years old for flexible employment for women in 2001, which has some time differences, so Qingdao, Sichuan and other places have maintained the retirement age of 50 years old for female flexible employees.
So for those who need to retire at the age of 55, if they want to retire at the age of 50, we also have a way.
You can switch to employee pension insurance before you retire, according to the conditions for receiving employee pensions, female employees can be 50 years old, and female cadres need to be 55 years old. The retirement age of employees is unified across the country, so you can retire according to the retirement age of female employees, that is, retire at the age of 50 and receive a pension.
But it doesn't mean that you have a month to reach the retirement threshold of 50 years old, and you can transfer to employee social security in the previous month, because it depends on the number of years of work after you transfer to employee social security.
There are also requirements, depending on the region, it may be one year or two years, and you also need to consult the local social security bureau.
Of course, there is not only the above one limitation, the first of all, the biggest restriction is how you can find a job, so that the employer can pay social security for you, and secondly, if you choose to look for it.
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In fact, judging the retirement age of a woman is very simple, and there are several situations to keep in mind. 1. Women have never participated in social security for urban employees, and if they participate in social security as flexible employees, the legal retirement age is 55 years old.
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Hello, now the legal retirement age for women is 50 years old, and it used to be 55 years old. The current legal retirement age for men is 60.
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Legal analysis: According to China's interim measures for the placement of old, weak, sick and disabled cadres, the interim measures for the retirement and retirement of workers, and the provisions of relevant laws and regulations, the retirement age of female cadres and female workers in China is not the same: the retirement age of female cadres is 55 years old, and the retirement age of female workers is 50 years old.
For men, the retirement age is 60 for both male cadres and workers.
Legal basis: "Interim Measures on the Retirement and Retirement of Workers" Article 1 Workers of enterprises, public institutions, state organs and people's organizations owned by the whole people 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. This provision also applies to grassroots cadres whose working conditions are the same as those of workers.
3) Men who have reached the age of 50 and women who have reached the age of 45 and who have worked continuously for 10 years, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated.
4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.
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Not necessarily, it depends on the situation. The retirement age of women should be determined according to the status of work, the nature of work, and what kind of pension insurance they participate in, because the retirement time of women in different identities is different, and the specific differences are as follows:
1. For in-service employees, China's laws and regulations:
1. The retirement age for women is 50 years old.
2. The retirement age for female cadres is 55 years old.
3. The age of early retirement for special types of work and complete loss of working capacity is 45 years old (including grassroots female cadres of special types of work).
If the above personnel enter the social security, they must meet the social security payment for more than 15 years before they can apply for retirement and receive a retirement pension at the legal age.
2. Flexible employment personnel. Female flexibly employed persons retire five years later than the female employees (workers) of the employer, provided that the female insured person has been paying social security as a flexible employee, then the retirement time of the individual is 55 years old.
The Chinese Academy of Social Sciences proposes to postpone the retirement age from 2018, and when the pension system is completed in 2017, the distinction between the identities of female cadres and female workers will be abolished, and the retirement age for women will be uniformly set at 55 years old; Starting in 2018, the retirement age for women will be delayed by one year every three years, and the retirement age for men will be delayed by one year every six years, until 2045, when the retirement age for both men and women reaches 65 years at the same time.
Legal basisArticle 2 of the Interim Measures for the Handling of the Retirement of Employees of State Organs.
A staff member may retire if he or she meets one of the following conditions:
1) Men have reached the age of 60 and women have reached the age of 55, and the number of years of service has reached 5 years, plus the number of years of work that were mainly dependent on wages before joining the workforce, a total of 25 years for men and 20 years for women;
2) Men are at least 60 years old, women are at least 55 years old, and have worked for 15 years or more;
3) Those who have worked for 10 years or more and have lost their ability to work due to illness caused by work;
4) Loss of ability to work due to disability in the line of duty.
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The retirement age for women now varies according to their status, with women workers reaching the age of 50 and female cadres reaching the age of 55.
Retirement is subject to the following conditions:
1. Employees participating in basic endowment insurance must reach the retirement age stipulated by the state and province. Men must be at least 60 years old, women at least 50 years old (female employees in long-term management and technical positions must be at least 55 years old). Early retirement for special types of work, engaged in underground, high-altitude, high-temperature, low-temperature, particularly heavy physical labor or other work harmful to physical health, men over the age of 55 and women over the age of 45, and have been engaged in special types of work for a specified number of years, may apply for early retirement.
Early retirement due to illness, men over 50 years old, women over 45 years old, disabled due to illness or non-work-related disability, confirmed by the labor appraisal committee at or above the county level, can apply for sick retirement;
2. Enterprises and employees pay basic endowment insurance premiums in full in accordance with regulations;
3. The basic endowment insurance premium payment period has reached more than 15 years.
Retirement refers to the withdrawal of a worker from work due to old age or disability due to work or illness and complete loss of working ability (or partial loss of working ability) according to relevant national regulations. In China, the one-time subsidy income obtained by individuals from early retirement shall be levied individual income tax according to the item of "income from wages and salaries". ** The relevant parties continue to release the policy intention of delaying retirement, and the poll shows that more than half of the respondents oppose the extension of the retirement age, and most of them advocate retirement according to the prescribed age.
Article 2 of the Interim Measures for the Handling of False Retirement of Employees of State Organs may retire if they meet one of the following conditions.
1) A man has reached the age of 60 and a woman has reached the age of 55, and has worked for five years, plus the number of years of work that was mainly dependent on wages before joining the workforce, so that the man has completed 25 years and the woman has completed 20 years;
2) Men are at least 60 years old, women are at least 55 years old, and have worked for 15 years or more;
3) Those who have worked for 10 years or more and have lost their ability to work due to illness caused by work;
4) Loss of ability to work due to disability in the line of duty.
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1. At present, the retirement age of female workers is 50 years old and female cadres are 55 years old. II[Legal basis]."Notice on Stopping and Correcting Issues Concerning the Early Retirement of Employees of Chunzhen Shantytown Enterprises in Violation of State Regulations" (No. 8 1999 issued by the Ministry of Labor and Social Affairs), the notice pointed out:
The statutory retirement age for enterprise employees is 60 years old for men, 50 years old for female workers, and 55 years old for female cadres.
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[Legal Analysis].: Female cadres retire at the age of 55. According to the regulations, whether it is a private enterprise, a state-owned enterprise, or a joint venture, as long as it is an enterprise within the territory of the People's Republic of China, its workers shall participate in employee social security, and its statutory normal retirement age is related to the gender and identity of the party, specifically:
Men are 60 years old, female cadres are 55 years old, and female workers are 50 years old.
Legal basisArticle 2 of the Interim Provisions on the Handling of Retirement of Workers and Employees of State-owned and Public-Private Joint Ventures, Public Institutions, State Organs and People's Organizations (hereinafter referred to as Enterprises and Organs) shall retire if they meet one of the following conditions: (1) Male workers and employees shall be at least 60 years old, with at least five years of continuous service, and 20 years of general service (including continuous service, the same below); Female workers are at least 50 years old, female employees are at least 55 years old, and have worked continuously for at least five years, and generally have worked for at least 15 years; (2) Workers or employees engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to their health, where men are at least 55 years old and women are at least 45 years old, and their continuous and ordinary years of service meet the requirements of item (1) of this article; (3) Workers and employees who are at least 50 years old for men and 45 years old for women, who have worked continuously for five years or more, or who have generally worked for 15 years or more, are physically weak and lose the ability to work, and are determined by the labor appraisal committee or certified by a doctor that they cannot continue to work; (4) Workers or employees who have worked continuously for five years or more, and who have generally worked for 25 years, are physically weak and have lost the ability to work, and are determined by the labor appraisal committee or certified by a doctor that they cannot continue to work; (5) Personnel who have been engaged in revolutionary work full-time for 20 years or more voluntarily retire because they are physically weak and unable to continue working.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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There are two types of 50 and 55 years old, because of the statutory retirement age, female cadres are at least 55 years old, and female workers are at least 50 years old.
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The retirement age for cadres is 55 years old, and the retirement age for normal women is 50 years old. Because your work treatment, the nature of your work, your work status and the type of pension insurance you participate in are different, the retirement age is also different.
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Different types of work, the retirement age is also different, female workers can go through retirement procedures when they reach the age of 50, especially those engaged in some particularly heavy work, harmful to the body, generally at the age of 45 can go through the retirement procedures, female cadres need to reach the age of 55 to retire, flexible employment personnel, generally 55 years old retirement procedures.
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Be at least 50 years old.
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