Can I get double salary if I enter the unit after the age of 50 and don t sign a contract? 50

Updated on society 2024-07-27
4 answers
  1. Anonymous users2024-02-13

    China's current statutory retirement age is 60 for men working in state organs and institutions, and 55 for women; Men working in enterprises retire at the age of 55, and women retire at the age of 50.

    If this unit is a company, your friend is indeed old enough to retire when he joins the company. In addition, the detailed rules for the implementation of the current Labor Contract Law stipulate that the labor contract shall be terminated when the employee reaches the statutory retirement age.

    Therefore, when your friend enters this company, he is no longer protected by the labor law, but the company should still sign a labor agreement with your friend.

    If there is no agreement between the parties, if there is no relevant provision under the Civil Code in the event of a dispute, the relevant provisions of the Labor Law may be referred to. However, it is not always possible to get double wages in accordance with the Labor Contract Law. Even according to the Labor Contract Law, double wages are compensated from 1/1/08 (i.e. the effective date of the new Labor Contract Law).

    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 insurance benefits during the employment period.

    Where the employment agreement provides for the early termination of the written agreement, it shall be handled in accordance with the agreement between the parties, and where there is no agreement, it shall be resolved through negotiation. The termination of the employment agreement of a retiree cannot be carried out in accordance with article 28 of the Labour Code. In the event of a dispute between a retiree and an employer, if it falls within the scope of the case accepted by the Labor Dispute Arbitration Commission, the Labor Dispute Arbitration Commission shall accept it.

    Both parties agree on their rights and obligations such as work content, remuneration, medical treatment, and labor protection benefits. For social security, housing provident fund, etc., can be subsidized or not, according to the situation of the enterprise to decide, the re-employment personnel contribute greatly, the enterprise can not do without the negotiation of subsidies, re-employment personnel can be dispensable, the original re-employment agreement does not have these subsidy content, can also refuse the subsidy

  2. Anonymous users2024-02-12

    Hello! We're happy to answer for you! 1.

    OK. If the employer does not sign a contract with the employee, and the legitimate rights and interests of the employee are violated, then he should be compensated with double wages. 2.

    Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Hope mine is helpful to you! 

  3. Anonymous users2024-02-11

    According to the provisions of the Labor Law, a written labor contract must be signed to conclude an employment contract relationship. The law does not distinguish between ages. Even if you are over 50 years old, you should sign an employment contract.

    If no labor contract has been signed, double wages shall be paid in accordance with the law. But the subject, the question raised is that if you don't sign a labor contract, can you get double salary?

    A labor contract is not the same as an employment contract. If you do not sign a labor contract, there is no problem of double wage compensation, and only if you do not sign a labor contract can there be double wage payment.

  4. Anonymous users2024-02-10

    Tell you that as long as you don't sign a labor contract, you can't get double wages, and it's best to sign a labor contract to ensure your own interests.

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