Retirement and rehiring still have to pay social security

In practice, some companies may decide to rehire some retired specialists because of business development needs. However, the re-employment of retirees will involve more legal issues. For example, the retired rehired personnel need to pay social insurance? I will explain in detail below, I hope it will help you.

Retirees rehired company need to pay social security

Around the world is not clearly mandatory to employ units must be retired rehired personnel to pay the work injury insurance, which Nanjing, Xiamen, Beijing and other places have been explicitly pointed out that the inadmissibility of or excluded, and Shanghai and the Chinese Office of the [2005] No. 9 document, which stipulates that the retired personnel in the event of work-related injuries can be The company's policy is to provide a comprehensive insurance policy for the retired.

On whether to pay social insurance for retired personnel

Social insurance is mainly considered in the work injury insurance and pension insurance, so the two are analyzed,

(1) on work injury insurance: the State Council, "Work Injury Insurance Regulations" and "Jiangsu Provincial Implementation Measures" do not stipulate that the rehire of the retired personnel can enjoy the treatment of work injuries.

Many local regulations explicitly exclude the retirees can enjoy the treatment of work-related injuries. For example, Article 29 of the Nanjing Measures for the Implementation of Work-Related Injury Insurance stipulates that "persons employed by their families (individuals), students during their internships in the organization, and retired persons still working do not belong to the scope of adjustment of work-related injury insurance."

Article 19(3) of the Xiamen Municipal Regulations on the Implementation of the Regulations on Work-Related Injury Insurance specifies that "retired persons employed by the employer are excluded from the scope of work-related injuries, and their applications for work-related injuries shall not be accepted."

"Beijing Municipal Implementation Measures" Article 21 provides: "The application for the recognition of work injuries in one of the following circumstances, inadmissible: (a) from the date of the accident or diagnosed, identified as occupational disease date more than one year to apply; (b) the injured person is employed by the employer employed by the retirees or more than the statutory retirement age; (c) belongs to the Ordinance Article 63 of the circumstances."

However, there are some places, such as "Shanghai Work Injury Insurance Implementation Measures", Article 62 provides: "If a retiree employed by an employer suffers a work injury, the employer shall pay for his or her work injury insurance treatment with reference to the provisions of these Measures."

The General Office of the State Council in the General Office of the Central Committee of the People's Government of the People's Republic of China forwarded From the above, it can be seen, around the world is not clearly mandatory to employ units must be hired for the retired rehired personnel to pay workers' compensation insurance, of which Nanjing, Xiamen, Beijing and other places have been clearly pointed out that inadmissible or excluded, and Shanghai and the Chinese Office of the [2005] No. 9 document, provides for the occurrence of work-related injuries of retired personnel can be referred to the implementation of the document.

(2) on the pension insurance:

Retirement rehired personnel do not need to pay pension insurance. Because of China's "Labor Contract Law," Article 38 provides that "the employer fails to pay social insurance premiums for workers in accordance with the law, the worker may terminate the labor contract"; Article 44, paragraph 2, provides that: "Workers begin to enjoy the basic pension benefits in accordance with the law, the termination of the labor contract. " From this point of view, the legislator believes that: the termination of the labor contract due to retirement means the termination of labor rights and behavioral capacity, otherwise there is no need to force the termination of the term of the labor contract has not yet expired, but the premise is that the workers are able to enjoy the basic old-age insurance benefits when they retire. The former Ministry of Labor, "Ministry of Labor on the implementation of the labor contract system, a number of issues in the notice" is also clear: "retired persons who have enjoyed the pension insurance benefits, was re-employed, should be with the employer to sign a written agreement to clarify the employment period of the content of the work, remuneration, medical care, labor insurance treatment and other rights and obligations."