Retirees rehired whether to buy social security

Retirees rehired should not buy social security.

If the retiree has already begun to receive retirement benefits, the unit should generally not pay social insurance premiums for him or her. Because the relationship between the two sides is a labor relationship, not a labor relationship, but the retiree's contribution period has not reached the required standard, according to the law in their own name to participate in the insurance premiums.

Retirement refers to the employer in the employed person has reached or exceeded the legal retirement age, from the employer has retired, after retirement and then through the original employer or other employers to enter into a contractual agreement to continue as human resources to continue the behavior or state.

According to the relevant provisions, has enjoyed the pension insurance benefits, or receive a pension retirees, if re-employment, it is not a labor law in the provisions of the workers, retired and then work again, and the employer of the relationship constituted by the relationship between the relationship between the labor relations, not labor relations, the two sides can enter into a contract of labor services.

And social insurance is based on the labor relationship.

Any employee who has established a labor relationship with a unit, regardless of whether or not a labor contract has been signed, then the unit must pay social security for the employee in accordance with the law, but the retired rehired person has signed a labor contract with the unit, and the unit does not need to continue to pay social security for them under the labor relationship.

If you have reached the legal retirement age, but not with the unit to terminate the labor relationship, and not in accordance with the provisions of the retirement formalities, in this case, some areas of the judiciary will be dealt with in accordance with the labor relationship, that is to say, under the labor relationship, the enterprise still need to continue to pay social security for the employees.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58 The employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.

Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administrative organization.

Article 60 An employer shall declare and pay the social insurance premiums in full and on time, and shall not suspend or reduce the payment of the premiums unless it is due to force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to social insurance premium collection organizations.

The Law of the People's Republic of China on Labor Contracts

Article 38 A worker may terminate a labor contract if the employing unit does any of the following:

(1) fails to provide labor protection or labor conditions as agreed in the labor contract;

(2) fails to pay labor remuneration in full and on time;

(3) fails to pay social insurance premiums for the worker according to the law;

(3) fails to pay social insurance premiums for the worker according to the law. (c) Failure to pay social insurance premiums for workers in accordance with the law;

(d) Where the rules and regulations of the employer are in violation of laws and regulations and are detrimental to the rights and interests of the workers;

(e) Where an employment contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(f) In any other circumstances in which the workers may terminate the employment contract as provided for by laws and administrative regulations.

If an employer forces a worker to work by means of violence, threat, or unlawful restriction of personal freedom, or if an employer directs or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notice to the employer.

Article 44 A labor contract shall be terminated under any of the following circumstances:

(1) when the term of the labor contract expires;

(2) when the worker begins to enjoy basic pension insurance benefits in accordance with the law;

(3) when the worker dies, or is declared dead or missing by a people's court;

(4) when the employing unit is declared bankrupt in accordance with the law;

(5) when the employing unit is declared bankrupt; and

(v) the employer's business license is revoked, ordered to close, or revoked, or the employer decides to be dissolved prematurely;

(vi) other cases stipulated by laws and administrative regulations.