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Provisions of the new labor law on social security payment for ten years

Legal subjectivity:

According to Chapter IX Social Insurance and Welfare Article 70 of People's Republic of China (PRC) Labor Law, the state develops social insurance undertakings, establishes a social insurance system and establishes a social insurance fund, so that workers can get help and compensation when they are old, sick, injured, unemployed and have children. Article 71 The level of social insurance should be compatible with the level of social and economic development and social affordability. Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law. Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances: (1) Retirement; (2) Illness or injury; Social insurance (3) work-related disability or occupational disease (4) unemployment; (5) bearing. After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time. Seventy-fourth social insurance fund agencies shall manage and operate social insurance funds according to law, and be responsible for maintaining and increasing the value of social insurance funds. Social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds according to law. The establishment and responsibilities of social insurance fund handling institutions and social insurance fund supervision institutions shall be prescribed by law. No organization or individual may misappropriate social insurance funds. Article 75 The State encourages employers to establish supplementary insurance for workers according to actual conditions. The state encourages self-employed workers to participate in savings insurance. Article 76 The state develops social welfare undertakings and builds public welfare facilities to provide conditions for laborers to rest, recuperate and recuperate. The employing unit shall create conditions to improve the collective welfare and the welfare treatment of workers.

Legal objectivity:

Article 14 of the Labor Contract Law refers to a labor contract with no fixed termination time agreed by the employer and the employee. The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: (1) The employee has worked in the employer continuously for ten years; (2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age; (3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed. If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.