It is usually stipulated that employees should not continue to work after a certain age, but should resign. At this time, employees' pension will be paid monthly. How old will state-owned enterprises retire? Let's learn about the new regulations on the retirement age of enterprise employees.
According to the provisions of the Interim Measures on workers' retirement and retirement and the Interim Measures on the resettlement of old, weak, sick and disabled cadres (GF [1978] No. 104) issued by the State Council in June 1978, retirement can be handled under the following circumstances:
(1) Male cadres and workers shall be over 60 years old, female cadres shall be over 55 years old, and female workers shall be over 50 years old. They shall have worked continuously for over 10 years.
(2) Workers engaged in underground, high-altitude, high-temperature, heavy manual labor and other harmful health work, male over 55 years old, female over 45 years old, continuous working or working years over 10 years.
(3) If the male is over 50 years old and the female is over 45 years old and has worked continuously or for more than 10 years, the employee who has been certified by the hospital and confirmed by the labor appraisal committee has completely lost the ability to work.
Extended information:
China's labor law stipulates that the legal retirement age is 60 years old for men. Workers who reach this age should be retirees and enjoy social endowment insurance. However, China's law does not clearly stipulate that the establishment of employment relationship between employers and workers over 60 years old is labor relationship (non labor relationship). Article 44 (2) of the labor contract law stipulates that if a laborer begins to enjoy basic endowment insurance benefits according to law, the labor contract shall be terminated.
Article 7 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases (3), which came into effect on September 14, 2010, stipulates that if an employer brings a lawsuit to the people's court in case of an employment dispute between the employer and the employee who has been entitled to pension insurance or pension according to law, the people's court shall handle it according to the labor relationship.