many people are very concerned about early retirement this year. From June 1, 2019, the revised civil servant law of the people's Republic of China will be officially implemented. The biggest highlight of the revised civil service law is that you can apply for retirement in advance after working for 30 years. So how can enterprise employees enjoy the benefits of early retirement? The small edition of this article has brought you the rules and conditions for early retirement. Let's have a look.
1、 'early retirement' is really coming
On June 1, 2019, the revised civil servant law of the people's Republic of China will be officially implemented. One of the highlights of the new civil servant law is that you can apply for early retirement after working for 30 years! As one of the highlights of the revision of the civil service law, early retirement triggered a heated debate.
Article 93 of the civil service law clearly stipulates:
(1) Those who have worked for more than 30 years may apply for early retirement.
(2) Less than five years from the retirement age stipulated by the state, and the working years have reached 20 years.
(3) Other circumstances that meet the provisions of the state and can retire early. This situation generally refers to civil servants in special posts. Due to their special working conditions, the state allows them to retire early in order to protect their health.
At the same time, the state makes it clear that civil servants enjoy pensions and other benefits stipulated by the state after retirement, and the state provides necessary services and help for their life and health!
2、 What conditions should enterprise employees meet for early retirement
According to regulations, enterprise employees can also retire early, but some conditions should be met. According to the Interim Measures on retirement and resignation of workers and the Interim Measures on resettlement of old, weak, sick and disabled cadres of the State Council, early retirement can be handled under the following circumstances:
1. Employees engaged in underground, high-altitude, high-temperature, heavy physical labor and other types of work harmful to health, male over 55 years old, female over 45 years old, continuous service or working years over 10 years.
2. Male over 50 years old, female over 45 years old, continuous service or working years over 10 years, certified by the hospital and confirmed by the labor appraisal committee, employees who have completely lost their labor ability.
3. Disabled due to work and completely incapacitated as certified by the hospital (the worker and confirmed by the labor appraisal committee).
According to the regulations on industrial injury insurance:
(1) If an employee is identified as grade I to IV disability due to work-related disability, he / she shall retain his / her labor relationship, withdraw from his / her job and enjoy monthly injury and disability allowance.
(2) After the injured workers reach the retirement age and go through the retirement procedures, they will stop paying disability allowance and enjoy the treatment of basic old-age insurance.
(3) If the basic old-age insurance benefits are lower than the disability allowance, the difference shall be made up by the industrial injury insurance fund.
3、 What are the conditions for early retirement
Early retirement of enterprise employees includes early retirement, resignation, sick retirement and retirement of special types of work.
1. Early retirement, fully known as' internal retirement 'or' early retirement 'or' post retirement '. Strictly speaking, it is not really going through the retirement procedures, but a method similar to retirement treatment implemented within the unit.
(1) After retirement, social insurance will not terminate
Those who handle early retirement may not work in the unit, but they can receive a certain amount of early retirement fee from the unit every month. However, their social insurance has not been terminated, but the unit continues to pay in the social security center until the retirement age.
(2) Set a certain age limit for early retirement
Units generally set a certain age limit for early retirement (such as within 5 years from the legal retirement age). Therefore, this is actually a situation of retaining labor relations without being on duty. Generally, it is more in state-owned enterprises. It is mainly a transitional method for some old employees who cannot arrange suitable posts but have not reached the retirement age.
(3) It can be handled less than 5 years from the legal retirement age
If the legal retirement age is less than 5 years and I apply for the approval of the enterprise, I can go through the internal retirement procedures of the enterprise.
2. Resignation means that an employee who has lost the ability to work due to illness or non work related injury, but is not old enough for retirement, can only quit his post. With the approval of the social security department, it shall be handled according to resignation. The monthly retirement fee is not called retirement fee, nor is it called retirement fee, but is called retirement living expenses.
Workers and staff members of state-owned or public-private enterprises, institutions, state organs and people's organizations who meet one of the following conditions shall be treated as demobilized:
(1) Old and frail, unable to continue to engage in the original work after being certified by the labor appraisal committee or doctors, and there is really no light work to be assigned within the enterprise or organ, but it does not meet the conditions for retirement;
(2) I voluntarily resign, and his resignation does not hinder the production or work of the unit;
(3) Less than three years of continuous service, and the time of stopping work due to illness or non work-related injury is more than one year;
(4) Within six months after employment, it is found that they have serious chronic diseases and can't stick to work.
3. Sick leave: according to China's relevant social security regulations, people who have lost their ability to work due to illness can apply for early retirement if they meet certain conditions.