The original private teachers can apply for social security.

The original subsidy policy for private teachers is mainly: one supplement and two guarantees. First, compensation should be rejected. Article 7 of the Labor Contract Law stipulates that "the employer shall establish labor relations with the laborer from the date of employment". Paragraph 3 of Article 14 "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". Article 82 "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary". Jiao Ren [2011] No.8 "Guiding Opinions on Properly Solving the Problem of Substitution in Primary and Secondary Schools" Article 1, paragraph 3 "Properly do a good job in dismissal compensation. Dismissal of substitute teachers should refer to the spirit of "Labor Contract Law" and "Regulations on the Implementation of Labor Contract Law" and give one-time compensation according to my actual substitute time. The minimum compensation standard for each full year shall be comprehensively determined by all localities with reference to local factors such as the average monthly salary of employees with minimum living expenses, and shall not be lower than the local minimum wage standard. The implementation of substitute time is calculated according to the actual substitute years of public primary and secondary schools. " In fact, some places were given to substitute teachers, but very few were given, and most places were given nothing. Second, you should enjoy the old-age insurance for urban residents or the basic old-age insurance and medical insurance for enterprise employees [20 1 1] No.8, Article 1, Paragraph 4 "Dismissal of substitute teachers will be included in social security according to law. According to the policy and direction of the national social security system reform, according to different situations, the dismissed substitute teachers will be included in the old-age insurance system for urban residents or the basic old-age insurance system for enterprise employees. For qualified substitute teachers, they can enjoy minimum living security and urban and rural medical assistance in accordance with state regulations. " Third, solve the problems left by the dismissal of former private teachers. the State Council [1997] No.32 Notice on Solving the Problems of Private Teachers included the dismissal of former private teachers in the corresponding basic old-age insurance and basic medical insurance. If a private teacher dismissed according to this article fails to make one-time compensation at that time, the local government shall implement it and take measures to ensure his life. "However, the reality is that most provinces give retired private substitute teachers (male 60 years old and female 55 years old) retirement pension subsidies. That is, the length of service multiplied by 8 yuan (the maximum length of service allowance stipulated by the state is 10 yuan), which is actually a length of service allowance, not a pension. Pension should be basic pension (minimum monthly 80 yuan)+seniority allowance.

Legal objectivity:

Article 26 of the Teacher Law of People's Republic of China (PRC), teachers in primary and secondary schools and vocational schools shall enjoy seniority allowance and other allowances, and the specific measures shall be formulated by the education administrative department of the State Council jointly with relevant departments. Article 27 of the Teachers Law of People's Republic of China (PRC), local people's governments at all levels shall provide financial assistance to teachers and graduates with technical secondary school education or above who are engaged in education and teaching in minority areas and remote and poor areas. Article 28 of the Teachers Law of People's Republic of China (PRC), local people's governments at all levels and relevant departments of the State Council give priority and preferential treatment to the construction, lease and sale of urban teachers' housing. The people's governments at the county and township levels shall provide convenience for rural primary and secondary school teachers to solve the housing problem. Article 29 of the Teacher Law of People's Republic of China (PRC), teachers enjoy the same treatment as local civil servants in medical treatment; Regular physical examination of teachers, arrange teachers to rest according to local conditions. Medical institutions should provide convenience for local teachers to seek medical treatment.