Latest retirement regulations for labor dispatch workers

In real life, many workers establish labor relations with labor dispatch units in the form of labor services. The labor dispatch unit sends workers to work in the employer, but the employer and the workers have not established labor relations. What is the retirement age of workers? The following is the relevant knowledge that Tangshan lawyer answered for readers.

First, what is the retirement age of workers?

In fact, like other workers, the dispatched personnel are subject to the retirement age stipulated by the state: 60 for men, 50 for women workers and 55 for women cadres. Engaged in special types of work can be 5 years in advance. (generally based on birthday).

Labor dispatch workers reach the legal retirement age. Labor relations are terminated naturally, and the dispatched employees can also go to the social security agency for retirement by themselves. Of course, according to the law, the labor service company is an employer in the legal sense of workers, so the labor dispatch company should assist in the retirement procedures when the dispatched workers reach the legal retirement age. At that time, workers need to provide information such as a copy of their personal ID cards and personal photos to the handling personnel.

Labor dispatch workers must have two conditions to receive basic pension at the same time, one is to reach the national statutory retirement age, and the other is to reach 15 years of social security. If you don't reach the legal retirement age, you won't get the pension after only paying 15 years, but you can still pay the old-age insurance premium on schedule until you reach the retirement age. Endowment insurance is based on the principle of giving consideration to fairness and benefit, and equality of rights and obligations, and encourages labor dispatch workers to pay more and pay longer. If the accumulated payment at retirement is 15 years, the proportion of the basic pension is 15%, and on this basis, the additional payment will be 1 percentage point every year, and the overpayment will not be capped.

Second, what are the legal risks of labor dispatch workers?

(1) Labor dispatch has changed the enterprise ownership of talents in the past and provided a flexible and convenient employment mechanism for employers to optimize the allocation of human resources. It not only reduces the human resource management cost of the employer, but also builds a platform for the employer to "gather talents from all over the world for our use", thus creating conditions for the employer to improve labor productivity. This way of employing people is especially beneficial to high-tech companies. Moreover, for large companies, only using unsupported and selecting the best among the best can enable enterprises to achieve the best allocation of human resources in the most economical way. Labor dispatch has implemented the separation of use and management, personnel and establishment (establishment), which has cut off the dependency relationship between employees and employers from the system, and the "unit person" has completely become a "social person". Units can get the autonomy of selecting and employing people, and talents can get flexible job opportunities.

(B) labor and personnel management is convenient

The advantage of labor dispatch lies in fundamentally improving the labor and personnel management of employers and realizing the enterprise's employment regardless of people. After the employing unit adopts labor dispatch, the labor dispatch agency undertakes all the labor and personnel management work originally undertaken by the enterprise, from talent recruitment, screening, signing labor contracts, paying insurance, paying wages to daily management, etc. Employers can get rid of the tedious routine work completely, which can greatly reduce the labor and personnel management departments and is more suitable for the development of enterprises.

(3) Employers can choose specialized labor dispatch agencies and rely on the advantages of labor dispatch machines in labor policy and human resource management to provide forward-looking and constructive suggestions and opinions to enterprises at any time, so as to make the human resource management of enterprises more sound and perfect, thus avoiding the risks of illegal operation and labor disputes of employers to the maximum extent.

Third, what are the conditions for employees to retire?

Employees generally retire because their age and physical condition are not suitable for continuing to work, but they quit their jobs and enjoy retirement benefits such as pensions. In order to ensure the basic retirement rights of employees and the seriousness of the retirement system, the state has strict regulations on the legal retirement age, and the physical conditions are controlled by enterprises and relevant departments. The legal retirement age varies from country to country, ranging from 50 to 67, usually between 60 and 65. The retirement ages of male and female employees are different, and women are generally about 5 years younger than men.

According to the labor law of China, the following employees can enjoy retirement benefits:

(1) Male employees are over 60 years old, female employees are over 55 years old, and female employees are over 50 years old, with continuous service 10 year;

(two) engaged in underground, high altitude, high temperature, particularly heavy manual labor or other harmful operations, men over 55 years of age, women over 45 years of age, continuous service of 10 years;

(3) Male employees have reached the age of 50, female employees have reached the age of 45, and their continuous service has reached 10, and they have completely lost their ability to work as certified by the hospital and confirmed by the labor appraisal committee;

(4) Disabled in the line of duty, certified by the hospital and confirmed by the labor appraisal committee, completely losing the ability to work;

(5) Employees of Class B and Class C who have left their jobs and suffer from occupational diseases may retire voluntarily.

Employees who do not meet the retirement conditions and are completely incapacitated by the labor appraisal committee may also resign.

The above knowledge is Bian Xiao's answer to the question "What is the retirement age of workers?" The retirement age of workers is the same as that of ordinary workers in China. Female workers should reach the age of 50 and men should reach the age of 55. If you need to consult a lawyer, readers are welcome to consult legal advice.