Reach the statutory retirement age and pay social security.

According to the Notice of the Labor Dispute Arbitration Committee on Printing and Distributing the Summary of the Seminar on Labor Arbitration Cases in Jiangsu Province, there are problems in accepting and handling disputes between workers over the statutory retirement age and employers, and workers over the statutory retirement age do not have the subject qualification to establish labor relations according to law. If the employer employs workers over the statutory retirement age, the relationship between the two parties does not fall within the scope of the adjustment of the labor law, so the arbitration commission will not accept the disputes between the two parties. If an employer employs workers who meet the legal age for employment, and the workers have been working in the employer until they exceed the legal retirement age, the arbitration commission shall accept the dispute between the two parties and order the employer to go through the formalities of social insurance registration and declaration for the workers within a time limit, and both parties shall pay the social insurance premium according to the standards approved by the social insurance agency before the legal retirement age. The employer shall also pay one month for each year that the workers have worked in the unit before the legal retirement age.

Legal objectivity:

According to Ministry of Human Resources and Social Security, at present, the basic old-age insurance system in urban and rural areas has been established in an all-round way, including the basic old-age insurance system for urban workers (referred to as occupational insurance), the new rural social endowment insurance system (referred to as new rural endowment insurance) and the urban social endowment insurance system (referred to as urban residence insurance). In order to solve the connection between different systems as soon as possible and better protect the rights and interests of the vast number of urban and rural insured persons, according to the requirements of urban and rural overall planning and the principles of maintaining policy continuity, safeguarding the rights and interests of insured persons and preventing risks, Ministry of Human Resources and Social Security and the Ministry of Finance formulated the Interim Measures for the Connection of Urban and Rural Endowment Insurance Systems (Draft for Comment). The transfer between different old-age insurance systems is intended to only transfer all the savings in personal accounts, and involves the transfer of employee old-age insurance funds. Yesterday, Ministry of Human Resources and Social Security released the "Interim Measures for the Connection of Urban and Rural Endowment Insurance System (Draft for Comment)" in full, and publicly solicited opinions. The "Interim Measures" stipulates that the connection between employee pension insurance and other pension insurance will be carried out after reaching the statutory retirement age, and at the same time, it is planned to transfer all savings from individual accounts, and the overall fund will not be transferred. The scope of application of the Interim Measures includes insured persons who have participated in two or more of the three systems of on-the-job insurance, new rural insurance and urban residential insurance, and are still in the payment period and have not received pension insurance benefits. The "Interim Measures" clarified the connection between occupational insurance and other two types of endowment insurance, and it was carried out after reaching the statutory retirement age. This connection is usually dominated by migrant workers. Some of them will join the job insurance because of employment, and then quit their job insurance because of unemployment to join the new rural insurance or urban residential insurance, and may change their insurance several times. "Therefore, before the pension insurance benefits are finalized, it will help simplify procedures, safeguard the rights and interests of the insured, and reduce the cost of social management." The relevant person in charge of Ministry of Human Resources and Social Security said. Different from 12% of the cross-regional connection of occupational insurance, the Interim Measures stipulates that the connection between different pension insurance systems only transfers the total amount of personal accounts (including government subsidies), and the occupational insurance pooling fund is not included in the transfer. According to Ministry of Human Resources and Social Security, the basic function of pooling funds is to ensure the basic livelihood of occupational insurance retirees. The trans-regional transfer of occupational insurance funds is only to properly balance the burden of occupational insurance funds between different regions. Whether or not to transfer the overall fund has no direct impact on the pension that the insured can finally receive.