What should I do if I don't go through the retirement formalities when I reach the legal retirement age?

You can negotiate with the employer to conclude a re-employment contract.

According to Article 13 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (No.354 issued by the Ministry of Labor [1996]), the employment agreement can specify the rights and obligations such as work content, remuneration, medical care and labor protection.

Retirees and employers shall perform their obligations in accordance with the employment agreement. If the employment agreement stipulates to terminate the written agreement in advance, it shall be handled in accordance with the agreement of both parties. If there is no agreement, it shall be settled through consultation.

The termination of the employment agreement of retirees cannot be carried out according to Article 28 of the Labor Law. Disputes between retirees and employers that fall within the scope of acceptance by the Labor Dispute Arbitration Commission shall be accepted by the Labor Dispute Arbitration Commission.

Both parties agree on their respective rights and obligations such as work content, remuneration, medical care and labor protection. Social security, housing accumulation fund, etc. It can be subsidized or not. According to the situation of the enterprise, the self-determined rehired personnel make great contributions. If the enterprise cannot do without it, negotiate some subsidies. Re-employed personnel are dispensable. If these subsidies are not included in the initial employment agreement, they can also be rejected.

Extended data:

The legal retirement age refers to the retirement age stipulated in the documents approved by the Second Session of the Standing Committee of the Fifth National People's Congress of NPC, the Interim Measures of the State Council on Resettlement of Old, Weak, Sick and Disabled Cadres and the Interim Measures of the State Council on Retirement and Resignation of Workers (Guo Fa [1978] 104).

Workers in enterprises and institutions owned by the whole people, party and government organs and mass organizations shall retire if they meet one of the following conditions.

(a) men over 60 years of age, women over 50 years of age, the cumulative length of service of ten years;

(2) Men who have reached the age of 55, women who have reached the age of 45, and have worked for a total of ten years, engaged in underground, high altitude, high temperature, particularly heavy physical labor or other jobs harmful to health;

(3) Men who have reached the age of 50, women who have reached the age of 45, and have accumulated ten years of service are allowed to retire after being certified by the hospital and confirmed by the labor appraisal committee.

The legal retirement age refers to the retirement age stipulated in the Interim Measures of the State Council on Resettlement of Old, Weak, Sick and Disabled Cadres and the Interim Measures of the State Council on Retirement and Resignation of Workers (Guo Fa [1978] 104). 1978 was adopted in principle at the second meeting of the Standing Committee of the Fifth NPC on May 24th, and it is still valid today.

Resolutely handling the retirement and resignation of employees according to the national legal retirement age is the fundamental guarantee for safeguarding the legitimate rights and interests of employees and their labor rights. Notice of the General Office of the State Council on Further Improving the Basic Living Security for Laid-off Workers of State-owned Enterprises and the Pension Payment for Enterprise Retirees. The State Council released [1999] 10,

1on March 9, 1999, the Ministry of Labor and Social Security issued the Notice on Stopping and Correcting Issues Related to Handling Early Retirement of Enterprise Employees in Violation of State Regulations (No.8 issued by the Ministry of Labor and Social Security [1999]), pointing out that the legal retirement age of enterprise employees is 60 years for men, 50 years for women employees and 55 years for women cadres.

Engaged in underground, high temperature, high altitude, especially heavy manual labor or other jobs harmful to health, the retirement age is 55 years old for men and 45 years old for women, disabled by illness or non-work-related injuries, and completely incapacitated by the hospital appraisal and confirmed by the labor appraisal committee, the retirement age is 50 years old for men and 45 years old for women.

References:

Baidu encyclopedia-legal retirement age