At the age of 43, he worked in a private enterprise and retired at the age of 60. Should enterprises give subsidies after retirement without social security?

In China, the relevant provisions of retirement conditions are to reach the statutory retirement age stipulated by law, and the social security payment must be at least 15 years. Only by meeting these two standards at the same time can we retire smoothly and enjoy the pension benefits stipulated by the state. But you have worked in the company for 17 years and signed a labor contract with the company. The company has not paid you social security such as endowment insurance, which has seriously affected your own interests. According to the relevant provisions of the Labor Law, Social Security Law and other laws and regulations, enterprises need to be jointly and severally liable for the damage caused to employees by their violation of relevant laws and regulations.

If you haven't left the private enterprise where you used to work, or even if you have left, as long as you haven't left for more than 2 years, this can actually stipulate that the original company can pay social security such as social endowment insurance and medical insurance for you at the working stage of the enterprise. You have been working in the company for 17 years. During work, it may be the main reason for your work. When the company didn't pay your endowment insurance, you chose silence. The direct consequence is that you can't retire at the legal retirement age and you can't get a pension. This is also a kind of sadness, a kind of sadness caused by the lack of the concept of rule of law. Although the boss of an enterprise is hateful, his ignorance and silence are also hateful.

Now that you have reached the retirement age stipulated by law, all you think about is that the company will give you some subsidies, rather than how to safeguard your legitimate rights and interests and ask the company to pay you social security such as endowment insurance. However, the company needs to give subsidies and can only negotiate with the enterprise. Even if you have subsidies, they can only expire according to the labor contract. According to the relevant provisions of the labor law, the company will make economic compensation according to your basic salary after working in the enterprise for one year. /kloc-the economic compensation for 0/7 months is actually tens of thousands of dollars, so it is difficult to solve your pension problem. Even the tens of thousands of dollars, the company may not give it to you. Due to reaching the statutory retirement age stipulated by law, the labor contract is terminated in accordance with the relevant provisions of the Detailed Rules for the Implementation of the Labor Contract.

If we want to solve the problem fundamentally, it is the direction to ask the enterprise to pay the social endowment insurance and medical insurance in the working stage of the enterprise. If you pay 17 social endowment insurance in one lump sum, you can get 1000 diversified endowment insurance every month after local retirement. If you can enjoy the retirement policy of medical insurance after paying medical insurance, then the things of old-age care and medical care will be overcome. But the company didn't pay you social security after you went to work 17. It is still difficult to stipulate that the company will give you a one-time payment now. If the difficulties cannot be solved through consultation with the enterprise, we can only apply for arbitration. Although there is a problem with the limitation of labor dispute arbitration, as long as you have not left your job for more than 2 years, this limitation is not a problem.

If the company is ordered to pay you 17 personal social security through labor dispute arbitration, it will be more difficult to do it well because of the social security agency. However, the Supreme People's Court No.3 Middle School has a judicial interpretation of labor disputes. According to the relevant provisions of Article 1 of Judicial Interpretation of Labor Disputes III, if a worker refuses to accept the employer's failure to handle social security procedures for him, and the social insurance agency cannot replace him, so that he cannot enjoy social insurance benefits, the people's court shall try it. According to the relevant provisions of Judicial Interpretation III, if the employer can't make up the money after arbitration of a labor dispute, and you can't get the old-age insurance, you also have the right to ask for employment but pay compensation, and the people's court must accept the case.

Generally speaking, you have been working in a private enterprise for 17 years. Because the company has not paid social security, you have reached the legal retirement age stipulated by law, so you can't get a pension. You can't simply stipulate that the company should provide subsidies. The first step is to ask the company to return the endowment insurance to you. If the company allows it to repay, but it cannot repay due to the main reasons of social security institutions, it has the right to ask the company to make economic compensation; The second step is to bring a lawsuit to the people's court in advance according to the relevant provisions of Judicial Interpretation III of the Supreme People's Court. Because you can't pay the old-age insurance, you can't enjoy the old-age insurance benefits and demand compensation from the company.