When an employee reaches retirement age, is there any severance payment?

Legal analysis: When an employee reaches the statutory retirement age, he or she can apply for retirement, and the employment contract between the employee and the employer will be terminated in accordance with the law. There is no provision for the payment of severance payments as a result of retirement.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China 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 benefits in accordance with the law; (3) The laborer 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court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

When an employee reaches the statutory retirement age, the labor contract is terminated in accordance with the law, and no severance is required.

You can get financial compensation, otherwise try to log in to @ [Legal Consultation Sticker] and ask labor law practitioners. to determine the amount.

Hello, are you retiring normally, there is no severance for normal retirement.

Article 46 of the Labor Contract Law The employer shall pay economic compensation to the employee under any of the following circumstances:

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.

The reply to the request for instructions on several issues concerning the implementation of the labor contract system clearly stipulates that the termination of the employment agreement of retirees cannot be based on the provisions of the Labor Law on economic compensation, that is, no economic compensation will be paid. So use.

Employees who have exceeded the working age and have retired shall not be paid severance as stipulated in the Labor Law when the employment relationship is terminated. If an employment contract has been signed between the employing unit and the hired retiree, the employment contract stipulates the circumstances under which severance shall be paid upon termination, and if the employer meets the requirements of such payment, it shall pay the severance in accordance with the provisions of the employment contract. When an employee reaches the statutory retirement age, he or she can apply for retirement, and the employment contract between the employee and the employer will be terminated in accordance with the law.

There is no provision for the payment of financial compensation as a result of retirement.

Legal basis: Labor Contract Law of the People's Republic of China 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 basic pension insurance benefits in accordance with the law;

(3) The laborer 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 has had its business license revoked, ordered to close down, revoked its posture, or the employer has decided to dissolve ahead of schedule;

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

There is no severance for termination of the employment contract upon reaching the retirement age. There is no severance payment for the natural retirement of workers. When the employee reaches the statutory retirement age, he or she can apply for retirement, and the employment contract between the employee and the employer will be terminated in accordance with the law.

If a worker retires and enjoys the basic pension insurance benefits in accordance with the law, he does not need to pay economic compensation.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China 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 benefits in accordance with the law; (3) The person who has worked several times has died, or has been 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, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations. Article 46 of the Labor Contract Law of the People's Republic of China provides that an employer shall pay economic compensation to an employee under any of the following circumstances:

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. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”

Reaching retirement age and terminating an employment contract is not subject to severance payments.

Target. There is no severance for the natural retirement of the worker. Workers must reach the statutory retirement age.

, you can apply for retirement, and the employment contract between the employee and the employer will be terminated in accordance with the law. If a worker retires and enjoys basic pension insurance benefits in accordance with the law, he does not need to pay economic compensation. Labor Contract Law of the People's Republic of China

Article 44 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 benefits in accordance with the law; (3) The worker dies or is declared dead by the people's court.

or declared missing; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Laws and administrative regulations.

Other circumstances as specified. Article 46 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer shall pay economic compensation to the employee: (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 Article 40 of the Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.

Target. 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.