배움과 공유의 시간

Retention of Retired Persons

In the case of women’s 50 (aged 55) and men over 60, civil relations laws, such as the Contracts and the Rules of Civil Code, which are not labour laws, such as the Labor Contracts Act and the Public Insurance Ordinance, are subject to the commencement of the provision of nursing benefits, or already beyond the legal retirement age. There is no obligation to pay economic compensation or to get social insurance upon termination of employment and no obligation to pay legal overtime costs arises.
However, in case of personal injury, the user is liable for personal injury, so personal injury insurance, etc. is required. In addition, it is necessary to make clear and specific arrangements in the Retirement Material Employment Consultation document to prevent civil disputes.
These days, as in Korea, Chinese people are in better shape, so for female public figures, there is nothing wrong with continuing to work beyond the age of 50. The employment of retired workers has the advantage of drastically lowering labor costs due to factors such as social insurance, non-payment of kitchen utilities and non-payment of economic compensation.

[working-level measures]

1 Retired employees should check their health conditions carefully through physical examinations.
It is important to note that older people are more likely to suffer from high blood pressure or chronic disease, and that there is always a risk of accidents occurring at any time, and that if they are injured in an accident during work, civil lawsuits against the company for personal injury compensation are filed. However, unlike industrial accidents, the company is liable for compensation in accordance with the ratio of malpractice of workers and companies that the court rules because they are in a civil accident relationship.

2 The use of stock for legal retirees should be thoroughly checked.
In the event that the employees are not properly identified as legal retirees, the company may ask for double the number of unpaid labor contracts and payment of supplemental wages and social insurance to the company, saying that "labor relations" with the company have been established while resigning after a certain period of work. Therefore, the employee must submit a certificate for the receipt of the old pension to verify the legal retirement age and, in the case of an old pension beneficiary, verify the excess of the legal retirement age by verifying the identity of the old pensioner.

3 The agreement requires specific arrangements for work accidents and disease outbreaks.
In case of personal injury resulting from the work regulation, violation of discipline, and serious negligence of the worker, the person shall be liable for compensation in the event of an accident, so as to prepare for any eventuality. In addition, the medical expenses for the occurrence of the disease shall be stipulated by the company itself and the company shall purchase personal injury insurance as compensation for injury or death.

4. Employment of Special Identifiers

In the case of social insurance unpaid leave, in-house retirees, early retirees, and long-term leave, the employees with the company signed the term "no-pay leave agreement" with the company for early transfer of the company and are receiving social insurance maintenance and basic living expenses. They are virtually retired and are able to get jobs at other companies even before the agreement expires.

[Questioning]
Since our company is a ship manufacturing industry, we need to work hard with welding technology, but these days it's too hard to find welders. Therefore, we are currently working for another shipping company that has been suspended due to management problems, and we are planning to fill vacancies with welders who are currently on leave for only the minimum wage. Due to the quantity of order, we will be hiring in the near future. So, I want to ask you what problems you have with hiring employees who have written down in other companies, and how do you deal with them?

In September 2010, the Supreme People's Court Judiciary Analysis (3) was promulgated, and the employees who were on leave for a long time were required to sign a written labor contract with another company, and 1 upon completion of a written labor contract, 3 economic compensation payments were paid for the termination of employment as a result of a fantasy accident, which was recognized as a fantasy, 4 economic compensation for illegal dismissal, and other workers.
Social insurance payments are not required when hiring such workers, but they must sign a written labor contract and hire them. However, the employment time shall strictly check labor relations with the former company and the social insurance payment status, and the company shall notify the change of its status when the special labor relationship with the former company is terminated during the period of employment, and take the relevant procedures such as social insurance subscription.

The biggest problem here is social insurance against industrial accidents. This is because with the original company continuing to pay social insurance, social insurance cannot be paid double. As there is always a risk of industrial accidents for field workers, it is necessary to contact the social insurance bureau of the location to make sure that only industrial insurance can be paid (in Shanghai, only non-Japanese employees can pay for fantasy insurance).

[working-level measures]

1 As the company under the contract pays social insurance, but the company is solely responsible for industrial accident compensation in the event of an industrial accident, it should seek ways to pay only industrial insurance under the name of the company.
If only industrial insurance is not available, personal injury or illness insurance may be purchased through a commercial insurance company, but in the event of an industrial accident, the compensation amount corresponding to the Industrial Accident Insurance Ordinance shall not be fully covered. In particular, in the event of death or severe aftereffect, management is under great pressure, so it is necessary to avoid the arrangements for dangerous work.

2 It is necessary to verify that a binding agreement has been entered into with a company in office (e.g., ineligible to work at another company, etc.). Where such a consultation is signed, a lawsuit, including a claim for damages, may be filed from the company in office.

3 A written labor contract must be signed (risk of payment of double wages in the event of non-conformity).