If I borrow it from another unit after retirement, do I need to be compensated when I retire?

Do I need compensation when I retire and re-work? No, you don't.

1. When a retiree is re-employed, there is no labor relationship with the employer, only a labor relationship.

According to Article 21 of the Regulations for the Implementation of the Labor Contract Law, "the labor contract shall be terminated if the employee reaches the statutory retirement age." Therefore, after the employee reaches the statutory retirement age or enjoys pension insurance benefits or receives a retirement pension in accordance with the law, the relationship between the employee and the employer is no longer an employment relationship, but a labor relationship.

If an enterprise hires retirees, it does not constitute an employment relationship in the sense of the Labor Law, but only a labor relationship in the sense of the Civil Law.

2. The specific reasons are as follows:

First of all, the labor contract must stipulate social insurance, labor protection, etc., which reflects the special protection of the labor law for employees, and the employer shall pay severance when the labor contract is terminated without cause. However, the agreement signed by the retiree for reemployment is not a labor contract, and the subject of the employment agreement signed by both parties is equal, and all the contents are determined by both parties through negotiation, and are no longer subject to the special protection of the state, and the employer does not need to pay economic compensation when the agreement is terminated without reason.

Secondly, from the perspective of social insurance relations, employees have purchased social endowment insurance before retirement, and they begin to enjoy endowment insurance benefits after retirement. If there is a labor contract between the re-employment of the retiree and the unit, then the unit must help him buy insurance again, and China's social security institutions do not accept a retired employee to enjoy the pension insurance while continuing to purchase work-related injury insurance. If a retiree is reemployed and an employer forms a labor relationship, it means that there is no difference between retirees and on-the-job personnel, and the relevant retirement system formulated by China is in vain.

It is also unfair to the employer to do so.

Finally, after the expiration of the working age of the worker, which is also the end of the working age of the worker, the retiree shall be re-employed, and shall enjoy the right to receive remuneration for the work performed in the job, and at the same time he has already enjoyed social insurance benefits, received a pension, and the state has guaranteed that he has support for his old age, so if he retires and is re-employed, he shall not be included in the labor relationship, and shall not be subject to the adjustment of the Labor Law and the Labor Contract Law, and the two parties shall belong to the labor relationship.

After retirement, if you go to other units, the nature is only a temporary worker in another unit, and there is no compensation for retirement.

Hello. There is financial compensation.

In this case, it falls under the conditions stipulated in the Labor Contract Law, and economic compensation shall be paid in accordance with the law.

If you return to employment or work again after retirement, you cannot sign a labor contract but should sign a labor contract with the employer, and the relationship with the employer is a labor relationship, which is not directly protected by the labor law (the state does not encourage retirees to return to the labor market). The agreed terms of the labor contract shall be negotiated between the two parties.

If the employer terminates the employment agreement with the retiree, it may not pay severance compensation. Since retirees are already entitled to a pension and do not need to rely on severance payments to maintain their livelihood and seek employment, the severance payments stipulated in the Labor Law should not be applied to retirees who are reemployed.

There is no compensation for work after retirement.

The employer and the employee who has reached the statutory retirement age are in an employment relationship, not an employment relationship, and the Labor Law and the Labor Contract Law do not apply, and compensation is generally not required for dismissal, unless otherwise agreed by both parties.

Those who are called to work when there is something to do are part-time workers, and do not need to sign an employment contract, and do not need to pay severance when dismissed.

The legal basis is the Labor Contract Law of the People's Republic of China

Article 71 Either of the parties to a part-time employment may terminate the employment at any time by notifying the other party. If the employment is terminated, the employer shall not pay economic compensation to the employee.

According to Judicial Interpretation III of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, employment disputes between employers and retirees shall be handled according to the employment relationship.

According to Judicial Interpretation III of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, employment disputes between employers and retirees shall be handled according to the employment relationship.

If you are already entitled to a pension or pension and go to work in another company, your relationship is not protected by the labor law, and dismissal can only be handled in accordance with the employment relationship. If there is no agreement on compensation or compensation, there is no legal basis for you to receive compensation.

Retirement cannot be hidden. Therefore, retirees are not included in the labor law support.

If you understand the labor and personnel policy, you will understand that 45 retirement must be a toxic and harmful type of work, and such a situation requires the approval of the labor department, which is not exactly the same as the formal retirement procedures. So it's not like you understand it to 50 or 55

The labor relationship with the company shall be handled in accordance with the provisions of the labor contract and the labor law, and there is no necessary relationship with the status of the retiree. As for whether there is compensation, it depends on the employment contract you signed with the company and the reason for the dismissal.

The severance payment given when the labor contract is terminated is the statutory compensation given to the person with a legal labor contract relationship as stipulated in the Labor Law and the Labor Contract Law, and the retiree can no longer establish a labor relationship with the employer, and only a labor contract relationship or employment relationship is established, which cannot constitute a labor relationship in the legal sense of the Labor Law and the Labor Contract Law, and only establishes a labor relationship in the sense of the civil law. There is no statutory compensation or compensation for the termination of the employment relationship.

According to Article 2 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law, if a worker has in fact become a member of an enterprise or individual economic organization and provides paid labor for him, he or she shall be deemed to have established an employment relationship and the Labor Law shall apply. On the face of it, a retired employee has the right to continue to provide paid labor to other enterprises after completing the retirement procedures from his or her former employer, and an employment relationship should be established between him or her and the enterprise he or she serves. However, due to the existence of the retirement system, the employment relationship that should be established on the surface is not actually established.

According to the relevant regulations, workers "should" retire when they reach a certain age. The reason for this provision is that it is no longer suitable for workers to continue to work because their physical health and labor skills have declined in old age, and the chances of labor risks have increased. In this sense, although the law recognizes that an employee can still exert his or her residual energy after retirement, he no longer has the qualification of a "worker" in the sense of the labor law.

The same is true from the perspective of social insurance relations, employees do not need to continue to buy social security after retirement, and begin to enjoy pension insurance benefits, social security institutions do not accept a retired employee to enjoy pension insurance on the one hand, and continue to buy work-related injury insurance on the other.

Therefore, if an enterprise hires a retired employee, it does not establish an employment relationship, and is not subject to the adjustment of the Labor Law and other labor laws and regulations, but only establishes a labor relationship within the meaning of the Civil Law.

The contract that a retiree should sign to work at another company is a labor contract.

The legal basis is as follows:

1. Paragraph 2 of Article 44 of the Labor Contract Law stipulates that the labor contract shall be terminated if the employee begins to enjoy the basic pension insurance benefits in accordance with the law.

2. Article 21 of the Regulations for the Implementation of the Labor Contract Law stipulates that the labor contract shall be terminated if the employee reaches the statutory retirement age.

3. Article 7 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if an employer files a lawsuit with the people's court in the event of an employment dispute with a person hired by an employer who has already enjoyed pension insurance benefits or received a pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship. Therefore, you and the educational institution are in an employment relationship, not an employment relationship.

According to Article 13 of the Circular of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System, when a retiree who has already enjoyed pension insurance benefits is re-employed, the employer shall sign a written agreement with the employee to clarify the rights and obligations such as work content, remuneration, medical treatment and labor treatment during the employment period.

The reply of the General Office of the Ministry of Labor to the "Request for Instructions on Several Issues Concerning the Implementation of the Labor Contract System" clearly stated that the issue of re-employment of retirees was concerned. All localities should adopt appropriate regulatory measures to give priority to solving the employment and re-employment problems of working-age workers.

For retirees who have been rehired and have enjoyed pension insurance benefits, their employment agreements may specify the rights and obligations such as work content, remuneration, medical treatment, and labor protection benefits. Retirees and employers shall perform their obligations in accordance with the provisions of the employment agreement, and if the employment agreement stipulates that the written agreement shall be terminated in advance, it shall be handled in accordance with the agreement between the two parties, and if there is no agreement, it shall be resolved through negotiation. The above series of provisions all indicate that if a retiree who has already enjoyed pension insurance benefits is re-employed, he or she shall not establish an employment relationship with the employer, and the two parties shall not sign a labor contract, but shall enter into an employment agreement, and the relationship between the two parties shall be a labor contract relationship.

The lawyer reminds that when an employer hires retirees who have enjoyed pension insurance, due to the advanced age of retirees, the probability of accidents in actual work may be higher. Because the relationship between the two parties is not an employment relationship, but a labor relationship, in the event of an accident, the employer needs to bear the risk of personal injury compensation.

Therefore, it is recommended that employers should purchase commercial insurance for retirees who have already enjoyed pension insurance when employing them.

Persons who have already enjoyed retirement benefits are not protected by the Labor Contract Law. Law.

The law does not prohibit you from entering into a contract, but it should be noted that this contract is not protected by the Labor Contract Law.

You should sign a written contract with the company, at least agree on working hours, work content, salary and other content, so that it can be documented in the future. This contract is not an employment contract, but its terms are still binding.

It stands to reason that you should sign a contract for hard work, and this lies in the negotiation between you and the company