If an employee reaches the legal retirement age, but the company wants the employee to continue working, does the company still have to pay social insurance for the employee? Is there any legal basis?

Units do not need to pay social insurance to workers, and go through retirement procedures when they reach legal age according to state regulations. After retirement, they don't need to pay endowment insurance. Units can continue to retain employees, but the agreement to be signed is not a labor contract, and the legal retirement age is not more than 50 years for women and 60 years for men.

Legal analysis

When the laborer reaches the legal retirement age, the labor contract is terminated. According to the relevant laws and regulations, if there is a labor dispute between the employer and the employee who has enjoyed the pension insurance benefits or received the pension according to law, and the employer brings a lawsuit to the people's court, the people's court will handle it according to the labor relations. Therefore, it is a necessary condition for labor relations to enjoy pension insurance or receive pension according to law. In addition, the relevant laws clearly stipulate the lower age limit of labor relations, but do not stipulate the upper age limit of labor relations. Therefore, migrant workers over retirement age should be treated differently: those who have enjoyed pension insurance benefits or received pensions should have labor relations with employers, while those who have exceeded retirement age but have not enjoyed pension insurance benefits or received pensions should have labor relations with employers. If you are over retirement age but do not enjoy pension insurance benefits or receive pensions, the relationship with the employer should be labor relations. After working for a special type of work for ten years, you can retire at the specified age. According to the current retirement policy for enterprise employees, special jobs that are engaged in underground, high altitude, high temperature, particularly heavy manual labor or other jobs harmful to health can be retired earlier than ordinary employees who retire at normal age after working in special jobs for ten years.

legal ground

Interim Measures for Retirement and Resignation of Workers in Municipalities Directly under the Central Government of the State Council Article 1 Workers in enterprises and institutions owned by the whole people, party and government organs and mass organizations who meet one of the following conditions shall retire: (1) Men who have reached the age of 60, women who have reached the age of 50 and have worked continuously 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 reached the age of 55 for men and 45 for women, and have worked continuously for ten years. This provision also applies to grassroots cadres whose working conditions are the same as those of workers.