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Conditions for receiving a pension:
1) Age conditions: according to the retirement age conditions stipulated in the National Development [1978] No. 104 document.
1. Normal retirement: male employees must be at least 60 years old, female workers should be at least 50 years old, and female cadres should be at least 55 years old.
2. Early retirement for special types of work: male workers are at least 55 years old, and female workers are at least 45 years old.
3. Early retirement due to illness: male employees are over 50 years old, and female employees are over 45 years old.
2) The specific payment period is as follows:
Participate in the basic endowment insurance after July 1 of the year, reach the retirement age stipulated by the state, and have a cumulative payment period (including the deemed payment period, the same below) for 15 years;
Participate in the basic endowment insurance before June 30, 2013, reach the retirement age stipulated by the state before June 30, 2013, and have a cumulative payment period of 10 years; After July 1, 2013, the retirement age stipulated by the state has been reached, and the cumulative payment period has reached 15 years.
Those who should be insured before June 30 of the year but have not participated in the insurance, and who have gone through the procedures for supplementary payment after July 1, 1998, have reached the retirement age stipulated by the state, and have paid for 15 years in total.
4. Early retirement must also meet the following conditions: early retirement for special types of work, which must have been engaged in toxic and harmful work for eight years; Engaged in underground and high-temperature work must be accumulated for nine years; Engaged in high-altitude, heavy manual labor must be engaged in a total of 10 years. Early retirement due to illness must meet the conditions for complete loss of working capacity due to illness and be appraised and approved by the Labor Ability Appraisal Committee.
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Retirement must be when you have reached retirement age and have paid contributions for 15 years.
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The current pension insurance is issued by the Social Security Administration, as long as you meet the conditions for receiving a pension, such as 15 consecutive years of contributions, etc., you can do it. However, you need to provide certain supporting documents to receive social security benefits, so it is recommended that you reapply for a labor contract with your employer.
In addition, there is a violation of the law in your organization. The law stipulates that if you do not sign an employment contract due to the employer's reasons, the employer shall pay you double your salary.
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You do not need to provide an employment contract for retirement
1.The insured person should go through the retirement procedures at the Social Security Bureau one month before reaching the statutory retirement age (the insured person who has deferred payment is in the month when the payment is completed) to go through the retirement procedures, and the insured person shall submit the following information: (1) The "Retiree Application Form" must be filled in (in duplicate with the seal of the unit or neighborhood committee) (2) A one-inch color ** of the person (3) A copy of the ID card 2
If the following conditions are met, the corresponding materials shall be submitted: (1) The retired cadres shall provide the original and photocopy of the "Cadre Retirement Notice" or the "Cadre Retirement Approval Form" according to the cadre management authority;
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If the company has paid five insurances but has not signed a labor contract, can I retire when I reach retirement age?
Hello, retirement can be done without a labor contract, because in this case it is not the fault of the worker, as long as it meets the conditions for retirement in our country. If the insured person applies for normal retirement, he or she shall submit an application to the employer or the archives custody department 30 days before reaching the national statutory retirement age.
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Summary. When the employment contract is changed, the employee may request compensation, but the employer will generally not agree, and the employment contract cannot be changed. According to the relevant provisions of the Labor Contract Law, the employer and the employee may change the content of the labor contract if they reach a consensus through consultation.
Modification of the labor contract shall be in written form. When the contract has not expired, and the employer unilaterally proposes to change the labor contract, and cannot reach an agreement with the employee, the labor contract shall not be changed, and the employee shall not be deemed to have proposed to terminate the labor contract. If the employer terminates the labor contract on this basis, it is deemed that the employer has illegally terminated the labor contract during the labor contract period, and the employee can choose to request continued performance of the labor contract or request the termination of the labor contract and request the employer to pay severance and compensation.
When the employment contract is changed, the employee may request compensation, but the employer will generally not agree, and the employment contract cannot be changed. According to the relevant provisions of the Labor Contract Law, the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
When the contract is not expired and the employer unilaterally proposes to change the labor contract, and cannot reach an agreement with the employee, the labor contract shall not be changed, and the employee shall not be deemed to have proposed to terminate the labor contract. If the employer terminates the labor contract on this basis, it is deemed that the employer has illegally terminated the labor contract during the labor contract period, and the employee can choose to request continued performance of the labor contract or request the termination of the labor contract and request the employer to pay severance and compensation.
I need to compensate you.
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Summary. If the employee reaches the statutory retirement age, the company will not renew the labor contract with the employee, and there is no need to give the employee economic compensation. When the employee reaches the statutory retirement age, the employment contract shall be automatically terminated.
If the retirement age of the contract expires and the company does not sign the contract without compensation, the employee reaches the statutory retirement age, and the company will no longer renew the labor contract with the employee, and there is no need to give the employee economic compensation. If the worker reaches the statutory retirement age, the contract will be automatically terminated.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee 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) Where a leased unit terminates a labor contract in accordance with the provisions of paragraph 1 of Article 41 of this Law; (5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.
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I work in a state-owned enterprise and the contract signed by a private enterprise cannot be handled until the statutory retirement age, and the company still has to sign the contract.
Hello, I work in a state-owned enterprise and a private enterprise to sign a contract to the statutory retirement age retirement can not be handled, the company still has to sign a contract: close to the retirement of the employee contract expire to renew the employer to recruit employees, should first sign a labor contract with the employee, and then agree on the probation period in the labor contract, not only sign the probation period agreement, and then decide whether to sign the labor contract according to the performance of the employee after the decision. According to Lao Ban Fa [1996] No. 131 document:
1. After the expiration of the labor contract signed between the employee and the employer, if the employee is approaching the retirement age, the two parties can still renew the labor contract on the basis of equality, voluntariness and consensus, but the contract period shall not exceed the statutory retirement age. 2. If the employee is close to the retirement age specified in Article 1 (2) of the Interim Measures for the Retirement and Retirement of Workers at the time of the expiration of the contract, the two parties may renew the labor contract on the basis of consensus; However, if the two parties fail to reach an agreement and do not renew the labor contract, they shall receive unemployment benefits according to the provisions after the termination of the labor contract, and if they are still unemployed after the expiration of the period of enjoying unemployment benefits, and meet the conditions for social assistance, they may receive social assistance according to the regulations, and then go through the retirement formalities when they reach the retirement age. In accordance with the provisions of Article 1 (3) of the Interim Measures for the Retirement and Retirement of Workers, the retirement procedures shall be handled; If you do not meet the conditions for retirement, and the hospital certifies and confirmed by the labor appraisal committee, if you are completely incapacitated, you will go through the resignation procedures in accordance with the provisions of Article 5 of the Interim Measures for the Retirement and Retirement of Workers.
How to renew a labor contractRenewal of a labor contract refers to the legal act of continuing to perform the rights and obligations determined in the original contract without terminating the labor relationship between the enterprise and the employee after the expiration of the contract, with the full consent of both parties. The renewal of a labor contract is the same as the conclusion of a labor contract, and the principles of equality, voluntariness and consensus shall be adhered to, and the provisions of laws, regulations and rules shall not be violated. Specifically, the following matters should be noted:
1. If the employer and the employee agree to renew the labor relationship upon the expiration of the labor contract, the labor contract shall be renewed in accordance with the law before the expiration of the labor contract. 2. If an employee suffers from an occupational disease or is injured at work and is confirmed to have reached the specified level of disability and requests to renew the labor contract, the enterprise shall renew the contract with him. 3. If an employee has worked in the enterprise for more than 10 consecutive years, if he or she requests to renew the indefinite-term labor contract when renewing the labor contract, the enterprise shall renew the indefinite-term labor contract with him.
4. After the expiration of the labor contract, if the enterprise does not want to renew the contract, but fails to go through the formalities for terminating the labor contract with the employee, and a de facto labor relationship is formed, it shall be deemed that the labor contract is renewed, and the enterprise shall renew the labor contract with the employee. 5. When an enterprise renews a labor contract with an employee, no matter what the term is, it shall not stipulate a probationary period.
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