Second, the specific legal basis is:
(1) Paragraph 2 of Article 44 of the Labor Contract Law stipulates that the labor contract shall be terminated if the employee begins to enjoy the basic old-age insurance benefits according to law.
(2) Article 2 1 of the Regulations on the Implementation of the Labor Contract Law stipulates that the labor contract shall be terminated when the employee reaches the statutory retirement age.
(III) Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates that if an employer has a labor dispute with its employees who enjoy pension insurance benefits or receive pensions according to law and bring a lawsuit to the people's court, the people's court shall handle it according to labor relations. Therefore, you and the educational institution constitute a labor relationship, not a labor contract relationship.
Third, the difference between labor contract and labor contract
(A) from the content point of view
1, the labor contract stipulates that the laborer, as a member of the employing unit, shall undertake a certain type of work or post and abide by the internal labor rules and other rules and regulations of the employing unit; The employer is responsible for assigning jobs or types of work, paying labor remuneration according to the quantity and quality of workers' labor, and providing various working conditions, social security and welfare benefits according to labor laws and regulations and the agreement between the two parties. According to the provisions of the Labor Law, a labor contract should have the following clauses: the term of the labor contract, the work content, labor protection and working conditions, labor remuneration, labor discipline, termination conditions of the labor contract, responsibilities for violating the labor contract and other necessary clauses.
2. The content of the labor contract stipulates that one party provides labor services and the other party pays remuneration, which shall be agreed by the parties in accordance with the principle of autonomy of will within the scope prescribed by law, and it is not mandatory by law.
(b) Applicable legal norms.
1. The labor contract is regulated by labor laws and regulations, and the labor contract is regulated by civil laws and regulations.
2. Labor contracts must follow the principle of equal status of civil subjects in the process of conclusion and performance, while workers in labor contracts follow the principle of equality, voluntariness and consensus when signing labor contracts, and both parties have equal legal status. During the performance of the labor contract, the laborer must participate in the labor organization of the employer, hold a certain position or type of work, obey the administrative leadership and command of the employer, and abide by labor discipline. The relationship between the two sides is superior and subordinate.
(C) the consequences of legal liability are different
1. If the employer violates the labor contract, it may bear administrative, civil and even criminal responsibilities. For example, if an employer insults, physically punishes, beats, illegally searches or detains a worker, the public security organ shall impose a detention, fine or warning on the responsible person for a period of 15 days; If a crime is constituted, criminal responsibility shall be investigated according to law.
2. Generally, it only undertakes civil compensation services in violation of labor contracts, and does not involve administrative and criminal responsibilities.