How should enterprises hire workers for retired workers?

As a special way of employment, retirement and re-employment are favored by state-owned enterprises, institutions and some private enterprises. In the process of serving consulting units, Xiaoshejun often involves retirement and re-employment related consultation. In order to help enterprises and institutions make good use of retirees and do a good job in human resource risk control, we have summarized the retirement and re-employment issues that three employers are concerned about, and the answers are as follows for HR reference of enterprises and institutions.

Question 1: Are retirement and reemployment labor relations or labor relations? In this regard, Xiao Shejun analyzed two reasons: First, from the definition of retirement and re-employment, retirement and re-employment refer to people who have reached or exceeded the statutory retirement age (male employees are over 60 years old, female employees are over 50 years old, and female cadres are over 55 years old). Provide paid labor for employers by signing reemployment agreements with the original employers or other employers. Second, from the current provisions, according to Article 7 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, if an employer has a labor dispute with its employees who enjoy pension insurance benefits or receive pensions according to law and bring a lawsuit to the people's court, the people's court shall handle it according to labor relations.

For example, in the case of (20 18) Qian 01331kloc-0/tried by Guiyang Intermediate People's Court, the court found that the rehired employee and the rehired unit belonged to the labor relationship, and thus supported the claim that the rehired employee had reached the statutory retirement age, but demanded to pay overtime wages of more than 20,000 yuan.

Question 2: What are the three high-frequency risk points for employers to implement retirement and re-employment? As a special way of employment, retirement and reemployment, if properly used, will greatly promote the productivity of employers, and even play a wonderful role in "four or two". On the contrary, it may increase the labor cost of the employer. In this regard, Xiao Shejun summarized the three high-frequency risk points of employers in retirement and re-employment as follows:

1. Do not pay attention to check the personal information of the rehired personnel.

Xiao Shejun summarized three important personal information related to the employer's performance of the retirement contract as follows:

(1) Retirement age information of re-employed: that is, whether the re-employed person has reached the real legal retirement age, whether there is any situation of lying about his age, borrowing someone else's ID card, using a fake ID card to fulfill the re-employment relationship, etc. For example, in case number. The case of 1760 (20 19) tried by the People's Court of Yuanzhou District, Yichun City, in which an employer signed an agreement with a rehired employee knowing that he borrowed his brother's ID card when he was rehired. In the end, the court failed to support the employer's defense of not paying wages on the grounds that the rehired employees used false ID cards.

(2) Retirement information of the rehired employee: There are three main retirement information, namely, whether the labor relationship between the rehired employee and the original employer has been terminated, whether the original employer has paid social security in full, and whether the rehired employee has formally gone through retirement procedures and enjoyed old-age insurance benefits or received a pension.

(3) Information on the professional working ability of the rehired personnel: that is, whether the rehired personnel have the working ability of the post to be arranged by the employer, the employer can comprehensively evaluate the working ability of the rehired personnel through relevant certification materials, such as the original post appointment letter, the professional skills or professional title qualification certificate related to the post arrangement, and the relevant materials that the rehired personnel receive labor remuneration in the original employer, so as to ensure that the post requirements of the rehired personnel are met.

2. Don't pay attention to the text of the reemployment contract.

Xiao Shejun combined with the Contract Law and the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System, and summarized two manifestations and countermeasures that the rehired unit did not attach importance to the text of the rehired agreement as follows:

(1) Wrong selection of signing contract type: The employer regards the legal relationship of retirement and reemployment as a labor relationship and signs a retirement and reemployment agreement with a large number of labor contract texts. Generally speaking, the relationship between retirement and re-employment is regulated by contract law rather than labor law. Both parties to the contract are the subjects of relatively equal, and their personal attributes and employment management attributes are far lower than labor relations.

Xiao Shejun suggested that the rehired unit sign the rehired contract by using non-labor relations such as labor contract, employment contract, contract and cooperation agreement.

(2) The important clauses such as re-employment remuneration, rights and obligations of re-employment, liability for breach of contract, termination of re-employment are not clear: as mentioned above, some employers directly apply the contents of labor contracts, such as paying labor remuneration by reference to wages, liability for breach of contract, etc., directly apply the relevant provisions of the Labor Contract Law, and even stipulate the dispute settlement method as labor arbitration, which creates too many obligations for re-employment units, and similar agreements will lay risks for the implementation of re-employment agreements.

Xiao Shejun suggested that the employer should set the conditions for re-employment according to the purpose of re-employment and the conditions of re-employed personnel, and specify the re-employment period, rights and obligations of both parties during re-employment, remuneration for re-employment, termination of re-employment agreement, liability for breach of contract and other important provisions in the re-employment agreement. Xiao Shejun believes that it is particularly important to stipulate the termination of re-employment. This clause is similar to a switch, that is, the re-employment unit can decide the pace of implementation of the re-employment agreement through the setting of this clause, combined with its own production and operation changes and the actual working ability of re-employed personnel.

3. Do not pay attention to the dynamic tracking of the re-employment contract.

Xiao Shejun concluded that the employer did not pay attention to tracking the performance of the contract, as follows:

(1) does not attach importance to dynamically tracking the work ability of rehired personnel.

Xiao Shejun believes that the work ability here includes two core points, one is the physical function of the rehired personnel, and the other is the professional skills of the rehired personnel. Both are indispensable, but each has its own emphasis due to specific positions, such as high altitude, underground and radioactive work. It is easier to return to the physical function of the rehired personnel, while similar pilots pay more attention to professional skills. The author concludes that the rehired personnel are mainly divided into three categories: technical personnel, management personnel and resource aggregation personnel, among which technical personnel account for the majority. Take technical rehired personnel as an example. Because most of them are re-employed by high-tech and scientific research-oriented employers, this kind of industry has the characteristics of fast updating of equipment production lines and rapid iteration of professional knowledge due to the adjustment of market demand. It is not excluded that some rehired personnel are incompetent for rehiring due to rigid knowledge.

Xiao Shejun suggested that the employer should not only examine the work ability of the rehired personnel before signing the rehired agreement, but also regularly track the work ability of the rehired personnel during the performance of the rehired contract, conduct regular health checkups and skills training, fully understand the physical skills and professional skills of the rehired personnel, and make adjustment arrangements in advance to avoid temporary passivity.

(2) Do not pay attention to the optimal combination of rehired employees and existing employees.

On the whole, the proportion of rehired employees in the overall human resource structure of employers is not high. According to practical experience, Xiao Shejun estimated that the total employment ratio of the re-employed personnel occupied by the unit ranged from 2%- 15%. Under normal circumstances, the rehired unit will make different arrangements from the regular employees, such as working hours, remuneration and assessment methods. From the perspective of the overall ecological environment of employee relations in employers in different industries, it is not excluded that formal employees are squeezed out, isolated and hostile, resulting in some internal friction, especially if the employer who rehired employees is not the original employer.

In this regard, Xiao Shejun suggested that the rehired unit can match the rehired personnel with the existing employees in combination with the existing manpower structure, and realize the optimal combination of the rehired personnel and the existing employees according to different departments, positions and working environments. For example, through the way of "mentoring", a few relatively inexperienced formal employees are taught by re-employed people who are familiar with technology. By setting assessment tasks, we can promote the mutual integration of the two sides, understand and integrate each other in a good working environment, so as to achieve the goal of harmonious employment and vigorous development of employers.

Question 3: Do you need to buy commercial insurance for re-employment? Xiao Shejun believes that whether a rehired employee can identify a work-related injury largely determines whether the employer needs to buy commercial insurance for the rehired employee. According to Ministry of Human Resources and Social Security's reply on work-related injury insurance for returnees, interns and labor dispatchers, that is, No.35 20 16, the existence of labor relationship between workers and employers is the premise of the composition of work-related injury insurance relationship.

At the same time, Article 2 of the Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance distinguishes between two situations as to whether the rehired employees enjoy work-related injury insurance. First, if a rehired employee reaches or exceeds the statutory retirement age, but fails to go through the retirement formalities or enjoy the basic old-age insurance benefits for urban employees according to law, and continues to be injured by accidents or suffer from occupational diseases during the work of the original employer, the employer shall bear the responsibility for industrial injury insurance according to law. Second, for those who have reached or exceeded the statutory retirement age or have received the basic old-age insurance benefits for urban workers, if they are injured by accidents or suffer from occupational diseases due to work reasons during their work in the reemployment unit, and the reemployment unit has paid work-related injury insurance premiums for them through participating in the project, the Regulations on Work-related Injury Insurance shall apply. For example, the reference case is (20 19) Anhui 0802 65438+ at the beginning of the Republic of China, which was tried by Yingjiang District People's Court in Anqing City.

Judging from local regulations, the actual operation varies from place to place. Taking Shanghai as an example, Article 4 of the Notice on Handling Opinions on Several Issues Concerning the Implementation Measures of Shanghai Industrial Injury Insurance issued by the Shanghai Municipal Bureau of Human Resources and Social Security clearly stipulates that if an employee who has reached the statutory retirement age fails to go through the formalities of receiving the basic old-age insurance benefits on a monthly basis, or fails to meet the conditions for receiving the basic old-age insurance benefits on a monthly basis, and continues to suffer accidents during the work of the original employer, the applicant may file a work-related injury identification with the county human resources and social security bureau where the unit is registered.

Xiao Shejun suggested two things: First, it is suggested that the rehired employees buy commercial insurance, especially those who have not gone through retirement procedures or enjoyed the basic old-age insurance benefits for urban workers according to law, and the specific insurance types can be consulted with professional insurance companies. Second, for the cost of purchasing commercial insurance, the rehired unit can plan and coordinate in advance in combination with the remuneration paid to the rehired personnel.

It is actually easier to retire and return to work! Whether it is the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law, or the Third Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, it is clearly stipulated that labor relations will terminate when workers reach the statutory retirement age and begin to enjoy basic old-age insurance benefits. Where the employing unit employs retirees, the labor disputes between the two parties shall be handled in terms of labor relations. At present, the labor arbitration department and the people's court have a relatively unified understanding of this kind of employment. If the arbitration department refuses to accept the case, the people's court shall handle it according to labor relations. It should be noted that when using this form of employment, it is best for the employer to sign a labor contract, stipulating the responsibilities, rights and benefits of both parties in writing, and at the same time, when recruiting employees, it is necessary to keep relevant evidence that they have enjoyed retirement benefits, which is more conducive to protecting the rights and interests of the other party in case of disputes!

There is only one special case to pay attention to. According to Opinions II on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance issued by Ministry of Human Resources and Social Security, the Regulations on Work-related Injury Insurance shall apply to the employers who employ retired employees and suffer from accidental injuries or occupational diseases during their employment, and the units have participated in work-related injury insurance according to the project and paid the fees. In addition, all cases are handled in labor relations, including injuries regulated by civil laws and regulations, such as personal injury. The above reply is for reference only!

How should enterprises employ retired and rehired workers? At present, I am also a retiree who has been re-employed for five years. Now, with my years of practical experience, I would like to share this meaningful topic with you. When an enterprise hires retirees, the main risk is that it does not understand the physical condition of retirees, which may lead to accidents. In order to prevent accidents, I suggest taking the following risk prevention measures.

First, sign the labor service agreement.

Because retirees are rehired by enterprises, they belong to labor relations rather than labor relations, and they sign labor agreements rather than labor contracts. However, the signing of the labor service agreement should not only meet the requirements of relevant laws and regulations, but also clearly stipulate the rights and obligations of both parties. The labor service agreement should be carefully revised and carefully considered by the company's legal adviser in combination with relevant laws and regulations. The main laws and regulations followed in the labor service agreement are General Principles of Civil Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC). The contents of the agreement shall stipulate the validity period of the agreement, which is generally one year at the longest, and shall be executed once a year. Secondly, it is necessary to clarify the work content, labor remuneration, medical care and other matters, as well as the dissolution and termination of the agreement and other related matters.

Second, non-work-related casualties are the main risk points.

Enterprises use ordinary employees, because they belong to the labor contract relationship, and can handle social insurance for employees. Among them, industrial injury insurance is the main way to avoid enterprise risks. Because the retirees employed have enjoyed retirement benefits, they can't apply for work-related injury insurance, so they can only buy commercial insurance, so many units have handled personal accident insurance for re-employed people. When handling personal accident insurance, try to handle it according to the insurance with a relatively high proportion of compensation, so as to avoid the burden of life casualties in the future to the greatest extent.

Third, use good steel on the blade.

For general positions, it is not recommended to hire retired rehired personnel. It is best to employ rehired personnel in positions where there is a shortage of talents, or talents that ordinary employees cannot replace. Therefore, it is necessary to rationally plan the management or professional and technical positions of the company. Most of the rehired employees employed by many enterprises belong to professionals in short supply in the market. Of course, professionals don't mean technical jobs. In fact, many management positions are in short supply, or recruiting ordinary young people is irreplaceable in the short term. For example, the position of the party and the masses in enterprises, discipline inspection and supervision. These positions seem very simple, but they are very professional, which requires very high quality of personnel, not only having strong comprehensive coordination ability, professional knowledge ability, organization and management ability, writing ability and so on.

Fourth, try to use retirees from the unit.

There are several advantages to using retirees in this department. First, I have a better understanding of the personal situation of retirees. Including his personal comprehensive quality, professional ability, organization and leadership ability, comprehensive word processing ability, mentoring ability, physical condition and so on. , are well known, more convenient to use; Second, the retirees of the unit have a better understanding of the business, personnel and industrial products of the unit, know how to work, how to deal with various problems of the unit, and how to help and train young people. Without the transition period, leaders don't need to spend more experience to ask and worry; Third, the issue of remuneration is better solved. Retirees who are rehired to their own units are very clear about the treatment of the units where they used to work, and will not bargain with the company, let alone give the company problems and troubles at will, which can minimize the employment risk of the company.

In short, it is a common practice for many companies to rehire retirees. The main purpose is to meet the needs of the company's operation and management, train successors for the company's successors, give full play to the management advantages and professional and technical advantages of retirees, and ensure the company's sustained and stable operation. However, if we don't pay attention to the related risks, or fail to effectively analyze and prevent the risks of using retirees, it may also bring unnecessary losses to the company.

Hello, landlord, how do retired and rehired workers study hard? There are also retired and rehired workers, although the proportion is less than 5%, but there are still some. For example, some related personnel in our unit have retired and re-employed. The main reason is that most of the rehired cadres are middle-level and above leading cadres. Because the middle-level and above leading cadres lacked this successor, the group was forced to re-employ. Of course, this is also due to the retirees' own will and willingness to work.

Therefore, the difference between retired employees and our regular employees is that they can't sign labor contracts after retirement, but only in the form of labor contracts, and they can't pay social security at the same time. Therefore, it is good for enterprises not to pay social security, but there is no work-related injury insurance. This enterprise actually has to bear certain risks and responsibilities, so generally speaking, enterprises will buy some commercial personal accident insurance instead of industrial injury insurance.

In fact, the advantage of rehiring retirees is that on the one hand, it can continue your next generation, and young employees can grow up as soon as possible. On the other hand, they can really use their own work experience to help enterprises play their residual heat. For enterprises, their labor costs are also reduced, because after all, you don't need to bear the treatment of personal social security, and the cost is relatively lower than that of regular employees, so enterprises are willing to hire such retirees.

Hello, landlord, how should enterprises employ retired and reemployed workers? It is very common for workers to retire and get re-employed. Of course, the overall proportion is not much, probably less than 5%. There are also retired and rehired employees in my work unit, but most of them are leaders above the middle level. Why is it that only by hiring leaders above the middle level can we get greater returns for the enterprise and have a certain effect on the enterprise? Ordinary employees are rarely rehired.

What's the difference between retired employees and regular employees? The biggest difference is the difference between labor contracts. Under the age of 60, those who have not retired normally sign labor contracts and are protected by the Labor Contract Law, but retired employees cannot sign labor contracts and are not protected by the Labor Contract Law. They can only sign labor contracts, so the nature of labor contracts and labor contracts is completely different, and they can't afford social security.

Without social security, the biggest impact on enterprises is that they can't buy work-related injury insurance for employees, so once the work-related injury risk is divided, enterprises may have to pay more costs and pressures, so they can only buy some commercial insurance, such as life insurance accident insurance, but not work-related injury insurance. This is a disadvantage, so the benefits actually exist. Because the social security benefits of retired employees themselves do not need to be borne by the work unit, it is said that the work unit is actually in labor costs. Relatively low, which is also the reason why retired rehired personnel are willing to rehire.

The employment of retired rehired personnel is divided into the following two levels.

First, retired and re-employed personnel should terminate the labor contract according to law and go through retirement procedures. After joining the new company, it will be handled according to labor relations. In case of accidental injury at work, it shall be treated as compensation for personal accidental injury. Therefore, in this case, it is suggested that the company buy employer liability insurance to spread the risk;

Second, retired and re-employed workers terminate the original labor contract and enter the new company, and do not enjoy the pension insurance benefits according to law. At this time, retired and re-employed people did not enjoy pension insurance benefits, and attitudes varied from place to place. In some fields, they will be considered as labor relations between the two sides. According to labor relations, the biggest risk of the employer is the responsibility for work-related injuries, economic compensation or compensation. Therefore, employers are advised to avoid using over-age workers as much as possible. If over-age workers are recruited, it is suggested to carefully check their age and whether they enjoy pension insurance benefits, and at the same time try to avoid arranging high accident risk positions and avoiding employment risks.

In real life, there are indeed some enterprises that will re-employ retirees, mainly some management talents and talents with scarce technology. Through re-employment, they can return to the enterprise and play a greater role.

Then, in the process of re-employment, because the labor relationship between the enterprise and the retirees has been automatically dissolved when the retirees reach retirement age, the enterprise will not continue to sign labor contracts with the retirees, but sign labor service agreements, and the enterprise will no longer pay social security for them.

However, because the rehired employees are older and their physical condition is not as good as that of young employees, enterprises can take out a commercial insurance, mainly personal accident insurance, to avoid employment risks, and there is no need to pay social security, including work injury insurance, to prevent the rehired employees from having accidents at work.

Generally speaking, it is beneficial for enterprises to rehire some people with core skills and abilities, which will improve the management level of enterprises, and the labor cost of rehired personnel is relatively low, which is a win-win situation for enterprises and rehired personnel.

@ jingjingjingjing, thank you for reading.

Retired and re-employed workers should also protect their legitimate rights and interests and reduce enterprise risks.

First of all, retirement and reemployment are not labor relations among labor relations. We should guarantee the rights and interests of both parties and avoid disputes by signing labor and employment agreements.

Secondly, both parties agree that the following labor standards shall be implemented by reference: 1. Working hours; 2. Labor protection regulations; 3. Minimum wage regulations. Both parties can negotiate and agree on relevant labor rights and obligations.

Then, we should pay attention to the health status of workers (such as regular physical examination) and participate in commercial insurance for work-related injuries or accidental injuries to reduce risks.

Finally, workers are required to provide proof of identity, retirement certificate and pension certificate, which is convenient for the labor inspection department to conduct annual labor inspection, and can also avoid the occurrence of an oolong incident (for example, enterprises mistakenly think that it is a formal retirement).

not at all