Kunpeng Project
Reaching retirement age and expiring the contract, but having paid social security for less than 15 years
If you have reached the statutory retirement age and your employment contract has expired, then your social insurance has not exceeded 15 years, you cannot go through the retirement procedures according to the stipulated time, and your employer does not want to renew your contract, what should you do? Although the employment contract will be automatically terminated according to the general employment contract when the statutory retirement age is reached, as in the case of you, the employment contract will also be automatically terminated when it expires, but because the statutory retirement age has not been reached, it is impossible for the employer to terminate the employment contract on its own initiative without reaching the statutory retirement age.
At this time, if the unit really wants to do this, it must be compensated in accordance with the relevant laws and regulations, in accordance with the relevant laws, usually according to the time of work, there is one month of full remuneration for a year of work, and so on, the longer the working time, the more economic compensation can be obtained. If the employer really wants to terminate the employment contract with you, if you do not renew the contract, you can get a compensation, which is also in accordance with the requirements of the Employment Contract Law. But 15 years of social insurance, it is very likely that it is not enough, but you have to continue to pay, and in the absence of a new place of employment, you must choose flexible employment by yourself. Only after reaching the minimum working hours of 15 years can you apply for retirement and receive a pension.
Therefore, if you have not paid social insurance for more than 15 years, it is not eligible for the premise of terminating the employment contract, and you need to pay certain fees in accordance with the regulations. Of course, this is a regular company, he will continue to hire, after all, a company will not increase its employment fees for no reason, only give you a sum of money, but can not bring any profit to the company, which is a loss for both companies.
Therefore, I think it is still necessary to communicate with the employer, and if the negotiation fails, it can be handled through labor arbitration. Therefore, each of us must remain calm, and when this happens, we must calmly communicate with the company's human resources department to see if we can come up with a win-win solution, if the other party is willing to keep you, it is a win-win, otherwise you will be fired. We are collecting relevant information, such as your employment contract, your salary statement, etc., and go to court for mediation.
This is also why there are many people who have reached the statutory retirement age, but are not eligible for retirement, and most importantly, their social insurance has been paid for less than 15 years, and they cannot be provided for in accordance with the prescribed way. However, if you have paid social insurance for 15 years, you can go through the retirement procedures right away and receive a monthly salary. In this case, the employer will not pay the employee's salary, after all, their employment contract has expired.
Thank you for reading, I am about pension issues, and my main research is on social security and pension issues.