When a labor dispatch worker reaches retirement age, whether he or she is counted as a retired employee of an enterprise involves the characteristics of labor dispatch as a form of employment and the provisions of China's retirement system.
First of all, it should be clarified that labor dispatch personnel refer to employees who have signed a labor contract with a labor dispatch company and are dispatched by the labor dispatch company to work in other units or organizations. These employees have an employment relationship with the labor dispatch company, rather than with the actual workplace.
Therefore, from a legal point of view, the issue of retirement should be handled in accordance with the agreement between the dispatched employee and the labor dispatch company and the relevant legal provisions.
According to the provisions of China's retirement system, male employees who are at least 60 years old and female employees who are at least 50 years old (or 55 years old) and have paid contributions for a specified number of years can go through retirement procedures.
For labor dispatch personnel, if their contract with the labor dispatch company expires or the labor relationship should be terminated in accordance with the law, and they reach the retirement age and meet the retirement conditions, they can enjoy retirement benefits. However, this does not mean that these dispatched workers can be counted as retired employees of the actual workplace.
In addition, the relationship between the dispatched worker and the actual workplace is special. In practice, dispatched workers are often treated as "outsiders" and are distinguished from regular employees. Even if they work in the same unit for a long time, it is difficult for them to enjoy the same benefits and rights and interests as regular employees.
Therefore, counting labor dispatch personnel as retired employees in the actual work unit is not only inconsistent with legal norms, but also inconsistent with the actual situation.
However, in some cases, the relationship between the dispatched worker and the actual employer may change. For example, if the actual employer is willing to sign a formal employment contract with the dispatched employee after the expiration of the contract with the labor dispatch company and include it in the category of regular employees, then these dispatched workers can enjoy the same benefits and rights and interests as regular employees. In this case, they can also be considered as retired employees of the actual workplace after retirement.
To sum up, whether labor dispatch personnel are counted as retired employees of enterprises when they reach retirement age needs to be analyzed on a case-by-case basis. From a legal point of view, there is no direct employment relationship between the labor dispatch personnel and the actual employer, so their retirement should be handled in accordance with the agreement between them and the labor dispatch company and the relevant laws and regulations.
In practice, if a dispatched employee has been working in the same company for a long time and meets the relevant conditions, he or she can also enjoy the same benefits and rights and interests as a regular employee. However, this does not mean that these dispatched workers can be counted as retired employees of the actual workplace. Therefore, this issue needs to be analyzed on a case-by-case basis and cannot be generalized. Autumn and Winter Check-in Challenge