Reply on whether employees of enterprises can retire after being dismissed.

Henan Provincial Labor and Social Security Department Yulaoshe Pension [20065438+0] No.53 "Reply on whether employees of enterprises can retire after being dismissed" (Zhou Lao Bian [2006 54 38+0] 165438) has been received. After research, the answer is as follows: whether employees of enterprises can retire after being dismissed should be treated differently according to the relevant policies on employee retirement. It belongs to the notice of Henan Provincial Department of Human Resources and Social Security forwarding the Opinions of Henan Provincial Department of Labor on Deepening the Reform of Enterprise Employees' Endowment Insurance System (Henan Zhengban [1995] No.74). Before the Notice was issued, employees who were dismissed and did not rejoin the work could not apply for retirement. Those who return to work after being fired shall be treated as new employees. Employees who were fired after the document was released. If you have established a personal account in Zheng Ban Fa [1995]74, you can go through retirement formalities after reaching the legal retirement age, but the deemed payment period before the establishment of the personal account is no longer calculated, and the payment period is calculated according to its actual payment period.

Whether employees can retire and enjoy pension benefits after being dismissed depends on where you are. Those who have been expelled from public office, resigned voluntarily, and have not resigned generally do not calculate the length of service, that is to say, they cannot retire or receive a pension. Repay according to local specific policies, and you can enjoy retirement benefits if you repay successfully. Check the local labor and social security department for specific files.

Urgent! Enterprise employees retire, the following is for reference.

The State Council on the issuance of the "Interim Measures for the placement of old, weak and disabled cadres in the State Council" and

Notice of the State Council on the Interim Measures for the Retirement and Resignation of Workers

(Guo Fa [1978]No. 104)

The Interim Measures of the State Council on Resettlement of the Old, Weak, Sick and Disabled Cadres and the Interim Measures of the State Council on Retirement and Resignation of Workers have been agreed in principle by the Central Committee of the Communist Party of China and NPC Standing Committee, and are hereby printed and distributed to you. Please try it out first, sum up experience, and then implement it generally.

1June 2, 978

Attachment 1:

Interim Measures of the State Council Municipality on Resettlement of Old, Weak, Sick and Disabled Cadres

(1Adopted in principle at the Second Session of the Fifth NPC Standing Committee on May 24th, 978)

At present, some cadres of our party and country can't continue to work normally because of their age and physical relationship. These cadres have done a lot of work for the Party and the people in the new-democratic revolution and socialist revolution in China, and made valuable contributions to the revolutionary cause. Properly arranging these cadres so that they can get their proper places is the party's concern and love for them, an important aspect of our party's cadre policy and a concrete manifestation of the superiority of China's socialist system. People will always get old, which is a natural law. It is normal and glorious to retire as a consultant or honorary post because of age and health. For retired cadres, we should care about them politically and in life and solve their practical difficulties in time. At the same time, we should also educate the old, weak, sick and disabled cadres to proceed from the needs of the country and the people and obey the arrangements of the party organizations. Doing a good job in the resettlement of the old, weak, sick and disabled cadres is of great significance to streamlining the army, improving work efficiency, building a capable leadership team that combines the old with the young, and for socialist revolution and construction.

In order to properly resettle the old, weak, sick and disabled cadres, the following measures are formulated:

Article 1 The departments and their subordinate departments in the State Council, the revolutionary committees of provinces, municipalities and autonomous regions and their subordinate departments, the leading organs at the provincial level and the administrative office level and their subordinate departments, which are equivalent to the county (flag) revolutionary committees of enterprises and institutions at or above the county level, can set up consultants according to the situation, and do some work within the scope of their functions and powers under the leadership of party organizations and revolutionary committees at the same level according to their own expertise. Consultants at all levels arrange cadres at the same level or at higher levels. The targets to be arranged are: before the end of September 1949, deputy secretaries of prefectural committees, deputy commissioners of administrative offices and cadres at or above their level who have difficulties in holding practical posts, have experience in struggle and can do some work; /kloc-before the end of 0/942, the deputy secretary of the county party Committee, the deputy director of the revolutionary Committee and cadres with equivalent positions participated in the revolutionary work.

Article 2 CPPCC, supervision office, counselor's office, cultural relics management committee, literature and history museum and other units at all levels may arrange some veteran comrades to hold honorary posts. The targets of the arrangement are:1deputy secretaries of prefectural committees, deputy commissioners of administrative offices and cadres at or above the equivalent level who participated in revolutionary work before the end of September, 949; /kloc-before the end of 0/942, the deputy secretary of the county party Committee, the deputy director of the revolutionary Committee and cadres with equivalent positions participated in the revolutionary work.

Article 3. Loss of ability to work, for 1949 before the end of September to participate in the revolutionary work of the deputy secretary of the prefectural party committee, deputy commissioner of the administrative office and cadres at or above the equivalent level; /kloc-before the end of 0/942, the deputy secretary of the county party Committee, deputy director of the revolutionary Committee and cadres with equivalent positions participated in the revolutionary work; Cadres who took part in revolutionary work before July 7, 1937 may leave their posts to rest and be paid as usual.

Article 4 Cadres of party and government organs, mass organizations, enterprises and institutions may retire if they meet one of the following conditions.

(a) men over 60 years of age, women over 55 years of age, to participate in revolutionary work for ten years;

(two) men over 50 years of age, women over 45 years of age, to participate in revolutionary work for ten years, the hospital identified completely lost the ability to work;

(3) Being disabled due to work and completely incapacitated by hospital appraisal.

Fifth cadres after retirement, according to the following standards, a monthly pension until death.

In accordance with the provisions of Item (1) or Item (2) of Article 4, those who participated in the revolutionary work during the War of Resistance against Japanese Aggression period shall be paid 90% of their standard salary. Those who participated in revolutionary work during the War of Liberation were paid 80% of the standard salary. After the founding of the People's Republic of China, those who have participated in revolutionary work for 20 years will be paid 75% of their standard salary; Those who have worked for fifteen years but less than twenty years shall be paid 70% of their standard salary; Those who have worked for 10 years and less than 15 years will be paid 60% of their standard salary. If the retirement fee is less than twenty-five yuan, it will be paid at twenty-five yuan.

Those who meet the requirements of Item (3) of Article 4 and need help in life shall be paid 90% of their standard salary, and a certain amount of nursing expenses may be paid according to the actual situation, generally not exceeding the salary of an ordinary employee; If you don't need help in your daily life, you will be paid 80% of the standard salary. Those who have more than two retirement conditions at the same time will be paid according to the highest standards. If the retirement fee is less than 35 yuan, it will be paid at 35 yuan.

After the death of retired cadres and retired cadres, their funeral treatment, funeral subsidies and pensions for dependent immediate family members should be the same as those of dead cadres on the job.

Sixth cadres who have won the title of national labor hero and model worker and still maintain their honor when they retire; Cadres considered by the revolutionary committees of provinces, municipalities and autonomous regions to have made special contributions to the new-democratic revolution, socialist revolution and socialist construction; Units above the corps level are awarded the title of combat hero and demobilized soldiers who think they have made special contributions to fighting and army building, and still maintain their honor when they retire. Their retirement expenses may be higher than 5% to 15% of the standards stipulated in these Measures as appropriate, but the retirement expenses after raising the standards shall not exceed their original standard wages.

Article 7 A cadre who is completely incapacitated by the hospital and does not meet the retirement requirements shall resign. After resigning, I will be given a monthly living allowance equivalent to 40% of my standard salary. If it is less than 20 yuan, I will be paid to 20 yuan.

Eighth retired, retired cadres should be placed in rural areas and small and medium-sized towns. Those who work in big cities should be placed in small and medium-sized towns and rural areas as far as possible, or in their own places of origin according to specific circumstances; Those who work in small and medium-sized towns and rural areas can be resettled or returned to the original small and medium-sized towns and rural areas. If it is difficult to relocate, it can also be resettled on the spot. Inter provincial resettlement, the relevant provinces, municipalities and autonomous regions should actively do a good job in resettlement. For other provinces, municipalities and autonomous regions, we should actively do a good job in resettlement. Other provinces, municipalities and autonomous regions that need to be resettled in Beijing, Tianjin and Shanghai should be strictly controlled.

Ninth retired cadres to settle down, generally from the original work unit to a one-time payment of 150 yuan, from large and medium-sized cities to settle in rural areas, to 300 yuan. Retired cadres who are transferred can be paid two months' standard salary as resettlement subsidy.

Tenth retired cadres housing, local resettlement, by the original unit responsible for solving; Those who return to their places of origin or are resettled in other areas shall be resettled by resettlement areas. If it is really necessary to repair, expand or build new houses, the provinces, municipalities and autonomous regions that accept resettlement shall be incorporated into the infrastructure plan for unified settlement.

Retired cadres housing, local resettlement, by the original unit responsible for solving; Resettlement back to small and medium-sized towns, the housing by the resettlement area as far as possible from the public housing swap solution; It is really impossible to adjust and solve, and it is necessary to repair, expand and build new houses, which can also be included in the infrastructure plan by the resettlement areas; In rural resettlement, housing is indeed difficult, can be given appropriate subsidies by the original unit.

Retired cadres really need to build houses, should be based on the principle of thrift, according to the family population and the local people's housing level to determine the housing area and standards, not divorced from the masses; If you have a house to live in, you don't have to build a new house.

Article 11 When a cadre retires or resigns, the travel expenses, accommodation expenses, baggage handling fees and food subsidies required by himself and his immediate family members on their way to their place of residence shall be handled in accordance with the existing regulations.

Twelfth retired cadres themselves can enjoy the same free medical treatment as cadres at the same level in the region.

Article 13 Retirement fees and living expenses paid by enterprises shall be paid by enterprises. Party and government organs, mass organizations and institutions are responsible for local resettlement; The relocation expenses shall be separately paid by the institutions responsible for management, personnel and county-level civil affairs departments.

Fourteenth retired cadres, retirement, resignation, by the unit in accordance with the cadre management licensing authority reported to the appointment and removal organ for approval.

Fifteenth all localities and departments should strengthen the leadership of the old, weak, sick and disabled cadres. The organization department of the Party Committee and the personnel and civil affairs departments of the Revolutionary Committee should conscientiously do a good job in the ideological and political work and management of retired cadres under the leadership of the Party Committee and the Revolutionary Committee. Local resettlement, managed by the original work unit; Relocation is managed by the organization, personnel and civil affairs departments of the receiving place respectively. We should pay attention to arranging them to study Marxism-Leninism and Chairman Mao's works, read documents and listen to reports as required. We should care about their physical health and material and cultural life. It is necessary to study and solve the practical difficulties of retired cadres in time, sum up and exchange work experience, and commend the good deeds of retired cadres.

Article 16 These Measures shall apply to cadres of party and government organs, mass organizations, enterprises and institutions owned by the whole people, and national cadres assigned by organizations to work in enterprises and institutions owned by collectives due to work needs.

The placement of the old, weak, sick and disabled cadres in enterprises and institutions under collective ownership may be made by the revolutionary committees of all provinces, municipalities and autonomous regions with reference to the provisions of these measures, and their treatment shall not be higher than the standards stipulated in these measures.

Seventeenth these Measures shall be implemented as of the month of issuance. Where the relevant provisions in the past are inconsistent with these Measures, these Measures shall prevail. Retired cadres in accordance with the relevant provisions, in line with the provisions of these measures to resign and rest conditions, can be changed to resign and rest; If the standard of retirement fee is lower than the standard stipulated in these measures, it can be paid according to the standard stipulated in these measures, but those who participated in revolutionary work during the liberation war and worked for less than 20 years will only be paid at 75% of their standard salary. The difference between retirement fee and retirement fee will not be reissued. Cadres who have held honorary positions will not be rearranged. Retired cadres will no longer be dealt with.

Attachment 2:

Interim Measures of the State Council Municipality on Retirement and Resignation of Workers

(1Adopted in principle at the Second Session of the Fifth NPC Standing Committee on May 24th, 978)

Old workers and workers who have lost their ability to work because of work or illness have made due contributions to the socialist revolution and construction. Properly arranging their lives so that they can spend their old age happily is a concrete manifestation of the superiority of the socialist system, which is also conducive to cultivating a capable workforce and will certainly promote the realization of China's four modernizations. In order to do this work well, these measures are formulated.

Article 1 Workers of 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, continuous service for ten years.

(2) Those who are engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health, and have worked continuously for ten years, with men over 55 years old and women over 45 years old.

This provision also applies to grassroots cadres whose working conditions are the same as those of workers.

(3) The male has reached the age of 50 and the female has reached the age of 45, and has worked continuously for ten years, and has been certified by the hospital and confirmed by the labor appraisal committee to be completely incapacitated.

(four) work-related disability, proved by the hospital, and confirmed by the labor appraisal committee, completely lost the ability to work.

Article 2 After retirement, workers shall be paid a monthly retirement fee according to the following standards until their death.

(1) Those who meet the conditions in Items (1), (2) and (3) of Article 1 and participated in the revolutionary work during the War of Resistance against Japanese Aggression period shall be paid 90% of their standard salary. Those who participated in revolutionary work during the War of Liberation were paid 80% of the standard salary. After the founding of the People's Republic of China, those who participated in revolutionary work and worked continuously for 20 years will be paid 75% of their standard salary; Those who have worked continuously for fifteen years but less than twenty years shall be paid 70% of their standard salary; Those who have worked continuously for ten years but less than fifteen years will be paid 60% of their standard salary. If the retirement fee is less than twenty-five yuan, it will be paid at twenty-five yuan.

(two) in accordance with the provisions of Article 1 (four), in need of help in life, according to my standard salary of 90%, and according to the actual situation to a certain amount of nursing expenses, generally not more than an ordinary worker's salary; If you don't need help in your daily life, you will be paid 80% of the standard salary. Those who have more than two retirement conditions at the same time will be paid according to the highest standards. If the retirement fee is less than 35 yuan, it will be paid at 35 yuan.

Article 3 Workers suffering from stage II or III silicosis may resign and rest if they wish. Retirement fee is paid at 90% of my standard salary, and I can enjoy the treatment of silicosis patients in my original unit during the rest period.

Cadres suffering from secondary and tertiary silicosis can leave their posts to recuperate, and this article can also be used for reference.

Fourth workers who have won the title of national labor hero and model worker and still maintain their honor when they retire; Workers considered by the revolutionary committees of provinces, municipalities and autonomous regions to have made special contributions to revolution and construction; Demobilized and demobilized soldiers who have been awarded the title of combat hero by units at or above the army level may, when retiring, increase their retirement fee by 5% to 15% higher than the standard stipulated in these measures, but the retirement fee after raising the standard shall not exceed their original standard salary.

Article 5 Employees who do not meet the retirement conditions and are certified by the hospital and confirmed by the labor appraisal committee to be completely incapacitated shall resign. After resigning, I will be given a monthly living allowance equivalent to 40% of my standard salary. Those who are not in 20 yuan will be given a living allowance according to 20 yuan.

Article 6. General relocation of retired workers, by the original work unit to a one-time resettlement subsidy 150 yuan, large and medium-sized cities moved to the countryside to 300 yuan.

Ex-workers who move can get a resettlement allowance equivalent to their two-month standard salary.

Article 7 When employees retire or resign, the travel expenses, accommodation expenses, baggage handling fees and food subsidies required by themselves and their immediate family members to go to their places of residence shall be handled in accordance with the existing regulations.

Eighth retired workers themselves can continue to enjoy free medical care.

Ninth retirement expenses and living expenses of retired workers paid by the enterprise administration; Party and government organs, mass organizations and institutions shall be paid by the civil affairs departments at the county level where retired and resigned workers live in separate budgets.

Article 10 If the family life of an employee is really difficult after retirement or resignation, or if there are many children going to the countryside and few children are employed, in principle, one of his children who meets the recruitment requirements can be recruited to work. The enrolled children can be educated youth who stay in the city according to the policy, educated youth who go to the countryside and urban middle school graduates.

China's agricultural production level is relatively low, and the grain has not yet passed the customs. We must strictly control the increase in cities and other people who eat commodity grain. Therefore, retired and resigned workers living in rural areas should try their best to return to rural areas for resettlement. If their household registration moves back to the countryside, they can also recruit one of their children who meet the recruitment requirements to work in the countryside; After retired and resigned workers return to the countryside, their rations are supplied by the production team.

The recruitment of children of retired and resigned workers shall be arranged by the local labor department in a unified way. Specific measures for recruiting children shall be formulated by all provinces, municipalities and autonomous regions according to the above principles and the actual situation in the region.

Article 11 Workers shall not stay in units owned by the whole people after retirement or resignation. After they go to town streets and rural communes, street organizations and communes should strengthen their management education, care about their lives and attach importance to their positive role. Units under collective ownership, such as streets and communes, can pay certain remuneration to retired and resigned workers if they need to do what they can, but together with their retirement expenses or retirement living expenses, they cannot exceed their standard wages when they are on the job.

For single employees working in other places, if they want to move to their families after retirement or resignation, they should be allowed to settle in the place where they moved in.

Twelfth all localities, departments and units should earnestly strengthen the leadership of workers' retirement and resignation. For workers who should retire or resign, we should do in-depth and meticulous ideological and political work and mobilize them to retire or resign. Retirement and resignation should be carried out in stages. It is necessary to strictly grasp the conditions for retirement and resignation and the conditions for recruitment, so as to prevent the scope of retirement and resignation from being arbitrarily expanded due to the recruitment of children of retired and resigned workers and reduce the quality of recruitment.

Article 13 For the retirement and resignation of workers in collectively owned enterprises and institutions, the revolutionary committees of provinces, municipalities and autonomous regions shall, with reference to these measures and in combination with the actual situation of collectively owned units in the region, formulate specific measures on their own, and their treatment shall not be higher than the standards stipulated in these measures.

Fourteenth in the past, the provisions on the retirement and resignation of workers are inconsistent with these measures, and these measures shall prevail. Workers who retire in accordance with the relevant provisions, whose retirement fee standard is lower than that stipulated in these measures, will be issued according to the standards stipulated in these measures from the month when these measures are promulgated, but those who participated in revolutionary work during the War of Liberation and have less than 20 years of continuous service will only be paid according to 75% of their standard salary. The difference after changing the retirement fee standard will not be reissued. Employees who resign in accordance with the relevant provisions shall have the same treatment.

Reply on whether the employees of state-owned enterprises can be merged before and after the reform of working years. Hello, the answer to the question whether the working years of employees in state-owned enterprises can be merged before and after the reform is as follows:

No.: 45969 Legal DocumentNo.: New Laoshe Zi Han [2004] No.34 1 Promulgated: 2004/ 10/9 Implemented: 2004/ 10/9.

Reply of the Labor and Social Security Department of Xinjiang Uygur Autonomous Region on whether the working years before and after the restructuring of state-owned enterprises can be combined.

Tacheng Labor and Social Security Bureau:

Your request for instructions on whether the working years of employees in state-owned enterprises before and after the reform can be calculated together (Tadilaoshe Word [2004] 1 10) has been received. After study, the reply is as follows:

1. If the former state-owned enterprise is restructured into a state-controlled enterprise, and the state-controlled enterprise terminates the labor contract with the employees of the former state-owned enterprise who have re-signed the labor contract for their own reasons, and fails to pay economic compensation to the employees during the restructuring of the former state-owned enterprise, the compensation period for the employees' economic compensation shall be calculated according to the working years of the employees in the state-controlled enterprise and the working years of the former state-owned enterprise; For example, when the former state-owned enterprises were restructured, the working years of the state-owned holding enterprises that paid economic compensation to employees were only counted as the working years in the state-owned holding enterprises, and the working years in the former state-owned enterprises were no longer combined.

Second, if the former state-owned enterprise is restructured into a non-state-owned holding enterprise, and the state-owned holding enterprise fails to terminate the labor contract with the employees of the former state-owned enterprise who re-signed the labor contract due to its own reasons, if the former state-owned enterprise and the non-state-owned holding enterprise agree that the economic compensation of the employees of the former state-owned enterprise will be compensated by the non-state-owned holding enterprise, the years of paying economic compensation to the employees shall be calculated by combining the working years of the employees in the non-state-owned holding enterprise with the working years of the former state-owned enterprise; If the former state-owned enterprise and the non-state-owned holding enterprise have not agreed that the non-state-owned holding enterprise shall bear the economic compensation for the employees during their work in the former state-owned enterprise, the economic compensation given to the employees by the non-state-owned holding enterprise shall be calculated only by the years of working in the non-state-owned holding enterprise, and the years of working in the former state-owned enterprise shall not be combined; If a non-state-owned holding enterprise agrees to bear the economic compensation of its employees during their work in the former state-owned enterprise after coordination with the relevant departments responsible for the restructuring of the former state-owned enterprise, the working years of the employees in the non-state-owned holding enterprise can be combined with the working years in the former state-owned enterprise.

Reply of the General Office of the Ministry of Labor on whether enterprises can dismiss retired employees: Henan Provincial Department of Labor: Your request for instructions on whether retired employees of enterprises can be dismissed (No.6 of Henan Labor Supervision Department [1992]) has been received. After research, the reply is as follows: The scope of application of the Regulations on Rewards and Punishment for Enterprise Employees should be all employees of enterprises owned by the whole people and enterprises owned by collective enterprises in cities and towns. Enterprise retirees have retired from public service. It does not belong to the scope of enterprise employees, so the Regulations on Reward and Punishment of Enterprise Employees does not apply to enterprise retirees, that is, enterprises cannot dismiss retired employees according to the Regulations on Reward and Punishment of Enterprise Employees.

If an enterprise employee is sentenced to criminal detention and will be expelled from the enterprise, the contract may be terminated; This is the right of the enterprise, but the enterprise can also choose not to terminate the contract, which is also the right of the enterprise.

Article 39 of the Labor Contract Law: In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Can people who are expelled from public office because of family planning still apply for enterprise employee pension insurance at retirement age? The endowment insurance for enterprise employees must be enterprise employees. If you are not an enterprise employee, you can't participate in the endowment insurance for urban employees, and you can't handle the retirement of enterprise employees. You can apply for flexible employment pension insurance. After paying 15 years, you can retire at retirement age. Those who reach retirement age cannot participate in the endowment insurance for urban workers or flexible employees, but can only participate in the endowment insurance for residents.

Whether the Reply on Relevant Issues Concerning the Implementation Measures of Paid Annual Leave for Enterprise Employees has legal effect According to the provisions of the Reply of the General Office of Ministry of Human Resources and Social Security on Relevant Issues (No.2009149), the "accumulated working hours" in Article 4 of the Implementation Measures for Paid Annual Leave for Enterprise Employees, Including organs, organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees and other units engaged in full-time work, as well as military service according to law and other periods during which the length of service can be calculated according to national laws, administrative regulations and the State Council regulations (deemed as working years). The accumulated working hours of employees can be determined according to the records of archives, records of social security fees paid by the unit, labor contracts or other legally effective certification materials. Article 3 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, "Employees work continuously 12 months or more", includes both cases where employees work continuously in the same employer 12 months or more and cases where employees work continuously in different employers 12 months or more.

Reply of the Labor Department of Jilin Province on whether the unit sentenced to criminal detention can expel employees from public office.

Ji Lao Fu Zi [1996] No.31

(Effective) Jilin Provincial Labor Bureau:

Your request for instructions on whether Cai's criminal detention unit can be expelled from public office has been received, and we hereby reply as follows:

With regard to the issue of whether an employee is sentenced to criminal detention, the unit can expel him from public office. After studying with the relevant units, it is considered that the employee sentenced to criminal detention should be handled according to the provisions of Article 4 of the Notice of the Ministry of Labor and Personnel on Answering Several Issues Concerning the Interim Provisions on Rewards and Punishment of State Employees on October 29th. That is, after the expiration of criminal detention, it can generally be recovered; Individual circumstances are bad and there is no repentance, so they can not be retracted. Whether to recover it or not shall be decided by the original unit and reported to the competent department of the unit for approval. If the restoration is approved, appropriate work should be assigned; If you don't take it back, go through the expulsion procedure.

This reply.