With the aging of the population, more and more workers will face the problem of reaching the statutory retirement age, and how to deal with labor relations has become a topic of great concern. This article will focus on the issue of when the employment relationship of a person who has reached the statutory retirement age in Guangxi will be terminated.
First of all, we need to clarify what the statutory retirement age is. According to relevant laws and regulations, the statutory retirement age refers to the age at which an employee no longer has the conditions to continue to work after reaching a certain age, so as to enjoy pension insurance benefits in accordance with the law. In China, the statutory retirement age varies according to gender and occupation, with men generally at 60 years old and women at 55 or 50 years old.
So, when does the employee reach the statutory retirement age, when will the employment relationship with the employer be terminated? According to the Labor Contract Law of the People's Republic of China, when an employee reaches the statutory retirement age, the employment contract with the employer is automatically terminated in accordance with the law. This means that when an employee reaches the statutory retirement age, regardless of whether he or she continues to work for the original employer, he or she no longer has the status of an employee and is therefore unable to establish an employment relationship with the employer.
It is worth noting that some workers still want to continue working after reaching the statutory retirement age, and their relationship with the employer will no longer be protected by the labor law. In this case, the parties should clarify each other's rights and obligations by signing a labor contract or other form of agreement. At the same time, in order to protect the rights and interests of employees, employers should purchase commercial insurance for these employees to cover possible risks such as accidental injury or illness.
In addition, the relevant laws and regulations also make special provisions on the termination of employment relations under some special circumstances, such as the employee being unable to work for a long time due to illness or non-work-related injury reasons before reaching the statutory retirement age, or being disabled due to work. In these cases, the employment relationship between the employee and the employer may be terminated before the statutory retirement age, but the specific handling method needs to be analyzed in accordance with relevant laws and regulations and the actual situation.
To sum up, in Guangxi, the termination of the employment relationship of employees who have reached the statutory retirement age is mainly based on the provisions of the Labor Contract Law of the People's Republic of China. When an employee reaches the statutory retirement age, the employment contract with the employer will be automatically terminated in accordance with the law. For employees who still want to continue working, they should sign a labor contract or other form of agreement with the employer, and pay attention to protecting their own rights and interests. At the same time, the termination of labor relations under special circumstances needs to be analyzed and dealt with in light of the actual situation and relevant laws and regulations.