Job Recruitment Website - Social security inquiry - Is there any subsidy for retirement and reemployment without paying social security?
Is there any subsidy for retirement and reemployment without paying social security?
First of all, it needs to be clear that those who are re-employed after retirement no longer belong to the category of workers stipulated in the labor law. So their relationship with the employer is not a labor relationship, but a labor relationship. In this case, the employer does not need to pay social security for retirees.
However, if the retired reemployment personnel have an industrial injury accident and need to enjoy the treatment of industrial injury insurance, the employer shall pay the medical expenses for industrial injury, disability allowance, one-time disability employment subsidy and other industrial injury insurance benefits in accordance with the Regulations on Industrial Injury Insurance. This is because, although retirees are no longer workers, their injuries at work should still be handled in accordance with the provisions of industrial injury insurance.
In addition, if a person who is re-employed after retirement dies due to illness or non-work, the employer shall pay funeral subsidies and pensions for him in accordance with the provisions of the Social Insurance Law. This is because, although retirees are no longer workers, they should still be treated according to the provisions of social insurance if they die of illness or non-work at work.
To sum up, whether there are subsidies for re-employment without paying social security after retirement needs specific analysis. In case of accidental injury or illness or non-work-related death of re-employed personnel after retirement, the employing unit shall pay corresponding work-related injury insurance benefits or funeral subsidies and pensions for them in accordance with relevant regulations. However, if the relationship between the retired and re-employed personnel and the employer is labor relationship rather than labour relation, the employer does not need to pay social security for them.
Legal basis:
"People's Republic of China (PRC) Labor Law" stipulates: "The employing unit shall be responsible for handling the casualties of workers in the process of labor."
The Regulations of People's Republic of China (PRC) Municipality on Work-related Injury Insurance stipulates: "The employing unit shall participate in work-related injury insurance in accordance with the provisions of these regulations and pay work-related injury insurance premiums for all employees of the unit."
"People's Republic of China (PRC) Social Insurance Law" stipulates: "Employees should participate in work-related injury insurance, and employers should pay work-related injury insurance premiums."
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