Individuals participating in the basic old-age insurance have reached retirement age and the payment period is less than 15 years. They need to pay back to 15 years before they can receive a monthly pension. If it is not returned, it can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.
According to the provisions of Article 16 of the Social Insurance Law of People's Republic of China (PRC), individuals who participate in the basic old-age insurance will receive the basic old-age pension on a monthly basis when they reach the statutory retirement age and have paid for 15 years.
Individuals who participate in the basic old-age insurance and pay less than fifteen years when they reach the statutory retirement age can pay for fifteen years and receive the basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.
"Regulations for the Implementation of the Labor Contract Law of the People's Republic of China" Article 21 The labor contract shall be terminated when the laborer reaches the statutory retirement age.
"Notice on Several Issues Concerning the Implementation of the Labor Contract System" Article 13 When retirees who have enjoyed the pension insurance benefits are re-employed, the employer shall sign a written agreement with them to clarify the rights and obligations such as work content, remuneration, medical care and labor insurance benefits during employment.
Extended data:
When retirees are re-employed, the employing unit shall perform its obligations in accordance with the employment agreement. If the employment agreement stipulates to terminate the written agreement in advance, it shall be handled in accordance with the agreement of both parties. If there is no agreement, it shall be settled through consultation. The termination of the employment agreement of retirees cannot be carried out according to Article 28 of the Labor Law. Disputes between retirees and employers that fall within the scope of acceptance by the Labor Dispute Arbitration Commission shall be accepted by the Labor Dispute Arbitration Commission.
Both parties agree on their respective rights and obligations such as work content, remuneration, medical care and labor protection. Social security, housing accumulation fund, etc. It can be subsidized or not. According to the situation of the enterprise, the self-determined rehired personnel make great contributions. If the enterprise cannot do without it, negotiate some subsidies. Re-employed personnel are dispensable. If these subsidies are not included in the initial employment agreement, they can also be rejected.
References:
Baidu encyclopedia-rehiring
Baidu Encyclopedia-People's Republic of China (PRC) Social Insurance Law
Baidu Encyclopedia-Regulations for the Implementation of the Labor Contract Law of the People's Republic of China
Hangzhou People's Social Security Network-Notice on Several Issues Concerning the Implementation of the Labor Contract System