Is it illegal for enterprises to recruit retired employees?

The law does not prohibit enterprises from recruiting retired employees, so it is not illegal.

Because of retirement, there is no labor relationship between retirees and enterprises, but the relationship between them is employment, and enterprises do not need to pay social security for retired employees; Moreover, it is objectively impossible to pay social security to retired employees, and social security will not be collected.

Extended data:

Service mode of socialized management for retirees;

The basic form of socialized management service is to bring enterprise retirees directly into streets and communities for management and service. Large and medium-sized cities and other areas with relatively developed economy and standardized community construction should mainly adopt this form.

Due to the uneven development of urban community construction in various places, some areas can take some feasible forms of management services in a certain period of time in light of the actual situation.

1. In independent industrial and mining areas far away from cities and enterprise living quarters where enterprise retirees are relatively concentrated, you can entrust the competent enterprise unit or enterprise to determine or set up enterprise retirees management service institutions to provide management services for retirees.

Labor and social security departments should strengthen the guidance and standardization of such management service institutions by unifying the organization name, unified rules and regulations and job responsibilities, and training and assessing staff. Conditional areas can transfer the original retirees management service institutions, personnel and facilities to the local government. Centralized and unified management of enterprise retirees.

2. In counties where community organizations are not perfect and enterprise retirees live in scattered areas, social insurance agencies can directly manage enterprise retirees. In some areas, as determined by the local government, the management service institutions for enterprise retirees set up by relevant departments and units should make full use of existing organizations, personnel and activity places and continue to carry out socialized management services.

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