Job Recruitment Website - Social security inquiry - Does the employer need to pay social security when recruiting retirees?
Does the employer need to pay social security when recruiting retirees?
The social security paid by retired workers mainly considers industrial injury insurance and endowment insurance. Regarding work-related injury insurance, the State Council's Regulations on Work-related Injury Insurance does not stipulate that retired workers can enjoy work-related injury treatment, and many local laws and regulations explicitly exclude retirees from enjoying work-related injury treatment. In terms of old-age insurance, the national labor contract law stipulates that retired employees do not need to pay old-age insurance. As a special group, retirees fully enjoy the basic protection rights of the state for retirees. Therefore, retired workers do not need to pay social insurance.
Legal objectivity:
Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases (1) Article 32 If an employer brings a lawsuit against an employee who enjoys pension insurance benefits or receives a pension according to law, the people's court shall handle it according to labor relations. Where an enterprise employee who leaves his post without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for a job, or an enterprise employee who has stopped production and vacation brings a lawsuit because of a labor dispute with a new employer, the people's court shall handle it in accordance with labor relations. "Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System" Article 13 When retirees who have enjoyed the pension insurance benefits are re-employed, the employer shall sign a written agreement with them to clarify the rights and obligations such as work content, remuneration, medical care and labor insurance benefits during employment.
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