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Do retirees need to sign labor contracts for re employment? What kind of insurance is required?

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Do retirees need to sign labor contracts for re employment? What kind of insurance is required?


        

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  • 2024-06-14 18:00:50

    Do retirees need to sign labor contracts for re employment? What kind of insurance is required? If an employer recruits retirees, it does not need to sign a labor contract. According to Article 13 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System: When the retirees who have already enjoyed pension insurance benefits are re employed, the employer shall sign a written agreement with them to clarify the work content, remuneration, medical treatment, labor treatment and other rights and obligations during the employment period. The reply of the General Office of the Ministry of Labor to the Request for Instructions on Several Issues Concerning the Implementation of the Labor Contract System clearly states that the re employment of retirees is an issue. All localities should take appropriate regulatory measures to give priority to the employment and reemployment of school-age workers. For the re employed retirees who have enjoyed pension insurance benefits, their employment agreements can specify the work content, remuneration, medical treatment, labor protection benefits and other rights and obligations. Retirees and employers should perform their obligations in accordance with the employment agreement. If the employment agreement stipulates that the written agreement should be terminated in advance, it should be handled in accordance with the agreement of both parties. If there is no agreement, it should be settled through consultation. The above series of regulations all indicate that if the retirees who have enjoyed pension insurance benefits are re employed, they will not establish labor relations with the employer, and the two parties will not sign labor contracts, but enter into employment agreements. The relationship between the two parties is a labor contract relationship. Then let's extend this question to the following: retirement and re employment refers to the behavior or state that an employee in an employer has reached or exceeded the statutory retirement age, retires from the employer, and then continues to exist as a human resource by signing contracts with the original employer or other employers. Including: when the employee reaches the statutory retirement age, he/she will extend a certain amount of working time in his/her original position; After retirement, the employee is applied back by the original employer for the same or different jobs; After retirement, the employee re selects a job in the labor market and works in a unit other than the original employer. For retired re employed personnel, the re employed unit is an affiliated enterprise of the original unit, which may take advantage of the previous relationship of the original unit to seek illegitimate benefits for the current enterprise or unit, thus breeding corruption beyond the authority and position convenience. The above is about the re employment of retirees. Do you need to sign a labor contract? I believe you will have a deeper understanding of what kind of insurance you need to pay.

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