How to handle retirement without signing a labor contract 10

If you have not signed a labor contract, then your bureau has not registered with the national labor department, otherwise you don't need to sign a labor contract, if it is not like that: 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 situations can be retired:

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 a first-grade 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 benefits will be enjoyed. Basic pension insurance to be treated.

You can re-sign the labor contract, and as long as you pay the pension insurance, you should be able to retire smoothly.

The contract can be re-signed with the unit. Now the contract does not need to be filed with the labor bureau, and it can be resigned.

If you retire, it is generally handled by the personnel of the unit for the employees, and you do not need to run it yourself.

Legal analysis: Retirement can be handled normally without a labor contract. To apply for retirement, you only need to reach the statutory retirement age and the social security payment period for 15 years, including the deemed payment period and the actual payment period.

If the insured person applies for normal retirement, he or she shall generally submit a written application to the employer or the file custody department 30 days before reaching the national statutory retirement age. Generally, only an ID card is required. Pay the socialized management service fee:

Before the insured enterprise and the file custody department handle the retirement, the number of employees must pay the socialized management service fee to the enterprise employee pension insurance settlement management center (enterprise insurance center).

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: In the absence of a labor contract, it is necessary to establish an employment relationship first, and then retire in accordance with the provisions of the law.

Legal basis: Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations If an employer recruits a worker without a written labor contract, but at the same time has the following circumstances, the labor relationship shall be established:

1) The employer and the worker meet the qualifications stipulated in the law and the regulations on the dismantling of the letter of the employer, and 2) The labor rules and regulations formulated by the employer in accordance with the law apply to the worker, and the worker is subject to the labor management of the employer and engages in paid labor arranged by the employer.

3) The labor provided by the worker is an integral part of the employer's business.

In the absence of an employment contract, it is necessary to establish an employment relationship first, and then retire in accordance with the provisions of the labor law. The insured person who goes through the retirement procedures shall go through the retirement procedures at the Social Security Bureau one month before reaching the statutory retirement age (the month in which the insured person who has deferred payment has paid the full number of years) to go through the retirement procedures, and the insured shall submit the following information:

1) The "Retiree Application Form" must be filled in (stamped by the unit or neighborhood committee in duplicate).

2) I have a one-inch color **.

3) A copy of ID card. After the social security department has gone through the procedures for approving retirement and approving benefits for the insured who meet the conditions for retirement, the basic pension shall be paid from the month following the approval of benefits. If the unit has closed down or does not exist at the time of retirement, the seal of the unit is not required or only the seal of the neighborhood committee is required.

The method of establishing an employment relationship is as follows: According to the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations, an employment relationship shall be established if an employer recruits an employee without a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborers, and the laborers are subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business. At the same time, according to the "Employer: The employer has not signed a labor contract with the employee, and the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other labor petitions or movers. Among them, a),

3) and 4) The employer shall bear the burden of proof. In the absence of a labor contract, you can apply to the labor department for labor arbitration or file a lawsuit in the court to determine the employment relationship with the employer by virtue of these relevant documents. After the employment relationship is confirmed, if the employer does not pay social insurance, it also needs to pay supplementary insurance for the employee, and then the employee can go through the retirement procedures in accordance with the military law.

1. Is it possible to handle retirement without a labor contract? If the insured person applies for normal retirement, he or she shall generally submit a written application to the employer or the department of high and excitation management of archives 30 days before reaching the national statutory retirement age. Pay the socialized management service fee:

Before retiring, the insured enterprise and the file custody department must pay the socialized management service fee to the enterprise employee pension insurance settlement management center (enterprise insurance center). II. Meaning of Labor Contract A labor contract refers to an agreement between an employee and an employer that establishes a labor relationship and clarifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness, and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract. According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the workers, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the workers enjoy labor protection, social insurance, welfare and other rights and benefits.

With the implementation of the networked office, now the efficiency of the work is getting higher and higher, and the retirement only needs to be declared by me with my ID card to the social security center, as long as the pension insurance payment period and retirement age meet the two conditions can be handled. The time efficiency and material collection are becoming more and more simplified, which is convenient for the general public, the implementation of retirement benefits, and the specific consultation of professional lawyers.