The retirement age of female employees shall be determined according to the following provisions: the retirement age of female employees who are employed as cadres upon the approval of the competent department of personnel administration, female workers who took part in the work before the implementation of the labor law and female employees who took part in the work after the implementation of the labor law shall be determined according to their long-term positions.
The retirement age of those who have worked in management posts for a long time is 55 years old; the retirement age of those who have worked in production posts for a long time is 50 years old. Any person who holds a certain administrative position in the unit, or is not directly engaged in the production activities of the unit, or is not directly engaged in the first-line production, service, and work attendance positions in the industry, shall be determined according to the management position.
If the accumulated working time of the staff in the management post is longer than that in the production post, it means that they are working in the management post for a long time, and the retirement age should be 55 years old; otherwise, it means that they are working in the production post for a long time, and the retirement age is 50 years old. During the period of retiring or waiting for work or being laid off, the time of on-the-job work shall not be calculated.
Article 42 of the labor contract law stipulates that "if the employer has worked continuously for 15 years and is less than five years away from the legal retirement age", the employer shall not terminate the labor contract in accordance with articles 40 and 41 of the labor contract law. Article 40 and 41 of the labor contract law are the common legal circumstances for employers to reduce personnel except for the serious fault of the workers.
For continuous working years, there is no dispute between the two parties. However, whether the termination of the contract is less than 5 years away from the legal retirement age, there are often major differences between the employer and the employee, and this issue directly affects the legality of the termination of the labor contract by the employer. Therefore, the clarification of this issue will help both parties to deal with relevant disputes according to law, and the employer can also avoid the legal risk of illegal termination of labor contract.
Under the current policy, the legal retirement age for enterprise employees is 60 for men, 50 for women and 55 for women cadres. The retirement age of women is generally lower than that of men. With the increase of the average life span of the whole people, the average life span of women is longer than that of men. It is a great waste of national human resources, a great loss of women's social resources, as well as a great loss of personal talent, economy and many other aspects. With the development of society, a large number of female workers, who are generally highly educated, energetic, dedicated, diligent and hardworking, fully adapt to the current work requirements, and the unified extension of retirement to 55 years old is in line with the current national reality. 3、 To extend the retirement age of female workers, we can learn from international experience to solve the problem. It is understood that in 1999, there were only eight countries (regions) in 165 countries (regions) that implemented endowment insurance, and only eight countries that maintained the retirement age of 50, while 98 countries that implemented the same age retirement for men and women, accounting for about 60%. We are a prosperous socialist country. We advocate equality between men and women. Protecting women's legitimate rights and interests cannot be a slogan.
Comparison of retirement age of female employees
New regulations on women's delayed retirement have been implemented since 2018
According to the relevant report, from 2018, the retirement age of women will be delayed by one year every three years, and that of men by one year every six years, until the same time reaching 65 years in 2045.
The report proposes that, first of all, the pension system should be integrated, and the retirement age should be classified into two categories: the age for employees to receive pension insurance and the age for residents to receive pension insurance. Secondly, there are two steps in the reform of the retirement age of employees' endowment insurance.
Step one: when the pension system was merged in 2017, the identity difference between female cadres and workers was eliminated, and the retirement age of female employees in the endowment insurance was set at 55.
The second step starts from 2018. The retirement age of women is delayed by one year every three years, and that of men is delayed by one year every six years until reaching 65 years at the same time in 2045.
The report points out that there are a large number of young retirees in China at present, and developing their potential is the main direction in the future.
According to the report, the retirement age in China has been too low since it began decades ago. The report suggests that the retirement age should be gradually delayed in accordance with the principles of combination first, gradual implementation and flexible mechanism. Specifically speaking, first of all, to achieve the integration of pension system, the retirement age is divided into two categories: the age of employees receiving pension insurance and the age of residents receiving pension insurance. Secondly, there are two steps in the reform of the retirement age of employees' endowment insurance. Thirdly, the retirement age of residents' endowment insurance will be delayed by one year every three years from 2033 until 2045. At the same time, the introduction of flexible mechanism in the reform of retirement age can consider taking the legal retirement age as the benchmark, and stipulate that people can retire ahead of or behind five years, but the pension treatment is linked to the retirement age.