How to define whether a female employee is a worker or a cadre when handling retirement

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 circumstances can be handled:

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 having a first-level 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 treatment will be enjoyed;

If the basic pension insurance treatment is lower than the disability allowance, the difference shall be made up by the work-related injury insurance**.

When women retire, how do they identify themselves as workers or cadres? Relationship with your pension.

Whether or not female employees working in current management positions are cadres shall be determined by the organization and personnel departments in accordance with the scope of cadre management authority.

1. If the personnel department identifies as a cadre, the retirement age is 55 years old; Those who are not recognized as cadres shall be treated as workers, and their retirement age shall be 50 years old.

The Reply of the General Office of the Ministry of Labor and Social Security on the Meaning of the "Statutory Retirement Age" for Employees of Enterprises (Lao She Ting Han [2001] No. 125) stipulates that the retirement age of enterprise employees prescribed by the state refers to the normal retirement age prescribed by the national law, that is, men 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.

The "Opinions of the State Economic Commission, the Ministry of Personnel, and the Ministry of Labor and Social Security on Deepening the Reform of the Internal Personnel, Labor and Distribution System of State-owned Enterprises" (Guo Jing Mao Qi Gai [2001] No. 230) stipulates:

Abolish the administrative level of the enterprise. Enterprises no longer apply the administrative level of state organs, and management personnel no longer enjoy the administrative level treatment of cadres of state organs. Break the traditional boundary between "cadres" and "workers", and change identity management to post management.

Managers are those who work in managerial positions. After the post changes, its income and other benefits should be adjusted accordingly according to the new position.

4. If you were originally a worker and changed to a cadre position, you should fill in the worker transfer form. You even have to take the unified transfer examination of your superiors.

When a female employee retires, how can you be assessed as a worker or a cadre? In fact, for the status of a worker and the status of a cadre, the retirement age of her is different, especially for women. Since female workers can retire at the age of 50, female party members and cadres can only retire at the age of 55, so the legal retirement age between the two of them is five years apart.

It is also very important for oneself to determine the identity of a worker and a cadre, after all, the statutory retirement age stipulated by the law is not the same, and you can leave five years early, which is actually a very good thing. Under normal circumstances, as an administrative institution or a civil servant, it is relatively simple to clarify the identity of workers and cadres.

Because after he was recruited, the technical work position he was engaged in clearly indicated what kind of identity he was, and the general situation is divided into two situations, one is the management professional and technical positions, all of which belong to the cadre status, and the public acre positions belong to the identity of the worker, so what kind of position he is engaged in, so what kind of identity he is identifying, so it is very easy to clarify this identity in administrative institutions and civil servants.

As an enterprise or institution, it is relatively easy to clarify the identity of workers and cadres. Since enterprises and institutions will construct their own personnel files of their employees, then according to the personnel files, they will establish historical records that their employees belong to the status of workers or cadres, so it is decided according to the often recorded in the archives that they will finally handle retirement in what way, and what age may be to handle retirement.

Therefore, different types of identities correspond to different statutory retirement ages, which are different for their own interests, after all, the early retirement policy is for themselves. It is definitely possible to experience the pension treatment for 5 years, and can pay less social pension insurance costs for 5 years, so the early retirement policy has certain advantages for yourself, so that a woman is a worker, and it is relatively competitive.

But if she is definitely a female cadre, she can only retire at the age of 55. In addition to female party members and cadres, in fact, for women who work flexibly, they must also be 55 years old before they can retire. Since the retirement age of women in flexible employment is 55 years old, regardless of whether they are cadres or workers, the statutory retirement age is generally 5 years later than that of female employees in normal companies.

In the 5 years here, they need to pay an extra 5 years of pension insurance first, and they will have to receive 5 years of pension salary later, so for women who are flexible employees, the relative legal retirement age is very late. However, if we are a female employee of our company, especially if we are a female worker, we can retire according to the standard of 5 years old. So this status of worker is definitely important for women.

Female employees in non-technical posts or management posts, i.e., ordinary posts, shall be recognized as female workers, who have reached the age of 50 and have paid social security contributions for 15 years, and can retire normally. Female insured persons of government agencies and units who have worked for 30 years or more or 20 years and are less than 5 years away from the statutory retirement age, and have paid pension insurance for 15 years or more, can retire early with the approval of the unit upon written application.

It can be determined by the nature of the position in which the retirement is declared. The current positions are basically divided into technical posts and management posts, and generally speaking, management posts are cadres.

The identification of workers and cadres is clear. The people who work in management positions are basically cadres, and those involved in enterprise management will also be cadres.

It can be judged by their direct passage through their position, by their usual performance, by their ability to learn and their ability to get along with each other socially.

How to determine the retirement age of female employees whether they are female workers or female cadres?

Law: 1. Article 21 of the "Detailed Rules for the Implementation of the Regulations on Basic Pension Insurance for Urban Employees in Hainan Province" shall determine the retirement age for female employees in accordance with the following methods: if they are engaged in production positions before retirement, the retirement age shall be 50 years old; The retirement age for female employees in managerial or technical positions prior to retirement is 55 years.

Female employees who are engaged in enterprise management or technical positions before retirement may go through the formalities of enjoying basic old-age insurance benefits at the social insurance agency upon their own application and approval by the employer, and who have reached the age of 50. The position of female employees of the enterprise shall be subject to the last labor contract signed with the employer before retirement.

Flexibly employed persons, who are over 60 years old for men and 55 years old for women, can go to the social insurance agency to verify the basic pension insurance benefits.

2. Notice of the Ministry of Labor on Printing and Distributing the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" 75 After the implementation of the labor contract system for all employees of an employer, the retirement age and conditions of the employees in the employer shall be implemented in accordance with the national regulations of the current post if the employee is transferred from the original worker post before the restructuring to the former cadre (technical) post or from the former cadre (technical) post to the former worker post.

Interpretation: Confirm that the position of female employees of the enterprise shall prevail in the position of the last labor contract signed with the unit before retirement, if the above position is at the employee level, then retire at the age of 50, if it is a technical or management position, the retirement age is 55 years old. If they are laid off, the retirement age of female employees who pay social security in their own name is 50.

The company shall clearly define managerial, technical and non-managerial positions in the employment contract or employee handbook.

Attached: The retirement age for female employees of public institutions shall be determined in accordance with the following methods: female employees who are recorded as workers in the archives of public institutions and who are employed in service positions before retirement shall have a retirement age of 50 years old; Those who are employed in management or professional and technical positions before retirement can go through the retirement procedures after reaching the age of 50 upon their own application and approval by the unit.

The retirement age of female employees who are recorded as cadres in the archives of public institutions and who are employed to work in managerial or professional and technical positions before retirement is 55 years old; Those who are employed in a service position before retirement can go through the retirement procedures after reaching the age of 50 upon their own application and approval by the unit.

Female cadres: refers specifically to female employees with academic qualifications and files in civil servants, public institutions, and state-owned enterprises.

Any female employee in foreign-funded, private, private and other enterprises, all female employees without academic qualifications, and those who participate in the enterprise employee pension insurance are all female workers.

Female workers retire at the age of 50, and female cadres retire at the age of 55.

It is mainly determined by the nature of the position in which they declare their retirement. That is, it is a female cadre who is in a managerial and technical position at the time of retirement; Female employees who declare their retirement in a production, operation or service position are women.

Generally, it is based on academic qualifications, and those with a bachelor's degree or above are cadres, but if you work in an enterprise as soon as you graduate, then your identity is a cadre, and one day you leave your job, and your file enters the talent exchange center, then your identity can be changed to a worker.

As early as 1993, the company abolished the status of cadres and workers, and when they retired, they only had managerial and production positions.

Identified through personal personnel files.

At present, retirement is no longer divided into cadres and workers, and it has been abolished several years ago, and you can apply for retirement procedures when you reach the age of full age.

How to define female cadres and workers in the provisions on retirement age?

Whether or not female employees in management positions are cadres shall be determined by the organization and personnel departments in accordance with the restrictions of the Cadre Management Department. If the personnel department identifies them as cadres, their retirement age is 55 years old; If the personnel department fails to identify cadres, they shall be treated as workers, and their retirement age shall be 50 years old.

According to the Labor Law of the People's Republic of China, the retirement age is 60 years old for male employees, 55 years old for female cadres, and 50 years old for female workers. Early retirement can be obtained from underground, high-altitude, high-temperature, heavy physical labor, and other types of work that are harmful to health.