Is it against labor laws to ask someone over the age of 65 to do something?

It is impossible to be irresponsible, and even if there is this contract, it is invalid, because the labor law does not allow it.

The Labor Contract Law no longer applies.

It should be an ordinary contractual relationship.

Article 1. This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2. This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 3. Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4. Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

Article 5. The State adopts various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Article 6. The State encourages laborers to participate in social voluntary labor, carries out labor competitions and rationalization proposals, encourages and protects laborers to carry out scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.

Article 7. Workers have the right to join and organize trade unions in accordance with the law. Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently and autonomously in accordance with the law.

Article 8. In accordance with the provisions of the law, workers shall participate in democratic management or negotiate with employers on an equal footing on the protection of the legitimate rights and interests of workers through the workers' congress, the workers' congress or other forms.

Article 9. The labour administration department is in charge of labour work throughout the country. The local people's labor administrative departments at or above the county level shall be in charge of labor work within their respective administrative areas.

1. What are the provisions of the Labor Law for persons over 55 years of age?

1. If the employee has reached the age of 55 and has worked for the employer for 15 consecutive years, the Labor Contract Law of the People's Republic of China prohibits the employer from first proposing to terminate the labor contract relationship with the employee. However, resignation is a right granted to workers by law. If an employee has reached the age of 55 and has worked for the employer for 15 consecutive years, but unilaterally submits his or her resignation in writing and requests to terminate the employment contract with the employer, such resignation is also supported and protected by law.

2. Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China.

Circumstances under which an employer may not terminate a labor contract] If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

2. What is the difference between leave without pay and resignation?

1. The purpose of leave without pay is to enable a specific employee to leave the post without pay for a period of time and retain the status of the employee, and the employer and the employee are signed in accordance with the law to stipulate the mutual rights and obligations of both parties during the period of leave without pay. During this period, employees are not promoted, and do not enjoy various allowances, subsidies and labor insurance benefits.

2. Resignation is an act of the employee proposing to the employer to terminate the labor contract or labor relationship. The wages that have been generated will be paid to you as usual, and there will be no employment relationship with the employer in the future.

Legal analysis: When employing personnel, as long as both parties reach an agreement, it is not against the law and prohibitions. Employing people over the age of 60 to work cannot sign a labor contract, only a labor contract, not a labor contract.

60 years old is beyond the legal age of a worker, does not belong to the scope of labor, and is signed as a labor contract.

Legal basis: Article 10 of the Labor Law of the People's Republic of China establishes a written labor contract. 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.

Employing people over the age of 65 does not violate labor laws. At present, the law only prohibits the employment of children under the age of 16, and under special circumstances, persons under the age of 16 can be employed, but they need to be reported. The employment of employees over the age of 65 does not constitute an employment relationship, but is a labor relationship.

The payment of remuneration for labor services is a legal relationship with services. Labor relations are protected by the Civil Code.

Men who have reached retirement age over the age of 60 are not allowed to sign an employment contract, but can only sign an employment agreement or employment agreement. Those who have reached the retirement age stipulated by the state can no longer sign a labor contract, and even if they do, it is not a labor contract, and the provisions on the relationship between the two parties shall apply. If you are 60 years old and have reached the age of employment, you do not meet the legal age of employment, nor do you meet the qualifications of the main body of the labor contract, so there is no labor relationship in the legal sense with the company, so you can only sign an employment contract, which is a labor relationship in nature, not a labor relationship, and does not need to pay social security and housing provident fund.

It is legal for companies to hire employees who are at least 60 years old. Employees can be hired as employees of the company regardless of their age, but the employment contract is not an employment contract, but a labor contract. Although over-age workers are unable to sign a labor contract when they are employed, they can take the initiative to sign a labor service agreement to clarify the rights and obligations such as work content, remuneration, medical treatment, and labor protection benefits, and the two parties constitute a labor relationship.

In the event of a dispute, the worker can protect his or her rights and interests in accordance with the provisions of the Contract Law.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears the tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Legal Analysis: Workers after the age of 60 are protected by the Labor Law. As long as the workers in our country are protected, they are protected by the labor law, and there is no age limit.

Legal basis: Labor Law of the People's Republic of China Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers who have established labor contract relations with Zhixie shall be executed in accordance with this Law.

Legal analysis: It is not illegal, and the labor law does not stipulate that the elderly over 60 years old cannot be hired for work. As long as wages are paid on time, there is no breaking the law.

There is no mandatory minimum age for work, but for the youngest age, child labor under the age of 16 cannot be used. However, the legal retirement age in China is 60 for men and 55 for women. Once the retirement age is reached, the relationship between the retired employee and the employer is an employment relationship rather than an employment relationship.

Legal basis: "Interim Measures on the Retirement and Retirement of Workers" Article 1 Workers of enterprises, public institutions, state organs, and people's organizations owned by the whole people shall retire if they meet one of the following conditions: (1) Men who are at least 60 years old, women who are at least 50 years old, and who have worked continuously for 10 years or more.

2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, where men are at least 55 years old, women are at least 45 years old, and have worked continuously for 10 years or more. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have reached the age of 45, who have worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated to work.

4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.

The Labor Law stipulates that workers over the age of 60 can enjoy social insurance benefits in accordance with the law if they meet the conditions for retirement, illness, injury, or disability due to work-related injuries. Male workers who meet the requirements of reaching the age of 60 and having worked continuously for 10 years should retire from the acreage.

Article 87 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of this law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.