Ministry of Human Resources and Social Security: Answers to the question of retirees continuing to use workers to participate in social insurance In recent years, it has become increasingly common for enterprise retirees to continue to participate in work. In response to this question, the Ministry of Human Resources and Social Security responded to Recommendation No. 6160 of the Second Session of the 13th National People's Congress, which will be introduced and interpreted in detail below. 1. Proposal on coordinating enterprises to pay work-related injury insurance premiums for those who continue to work after retirement, work-related injury insurance is a social security system that provides medical treatment and financial compensation for employees, aims to promote work-related injury prevention and vocational rehabilitation, and disperse the risk of work-related injuries of employers. However, the current work-related injury insurance system on the mainland is based on labor relations, and according to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), workers who have reached the statutory retirement age and receive old-age insurance benefits or pensions in accordance with the law cannot participate in work-related injury insurance.
However, in view of the increasing prevalence of enterprise retirees continuing to work, in order to better protect their rights and interests in work-related injury insurance, in 2016, the Ministry of Human Resources and Social Security issued the Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) (Ministry of Human Resources and Social Security Fa [2016] No. 29), which clearly stipulates that persons who have reached or exceeded the statutory retirement age participate in work-related injury insurance. Among them, for those who have not gone through retirement procedures or have not enjoyed the basic old-age insurance benefits of urban employees in accordance with the law but continue to work in the original employer, if they are injured by accidents or suffer occupational diseases during work, the employer shall bear the liability for work-related injury insurance according to law. For persons who have retired or have received the basic old-age insurance benefits for urban employees, if they are injured by accidents or occupational diseases due to work reasons during the period of employment, if the employing unit has paid work-related injury insurance premiums for them, then the "Regulations on Work-related Injury Insurance" can be applied for compensation. In short, while taking into account the interests of employees, enterprises should pay work-related injury insurance premiums in accordance with the law to avoid losses caused to employees due to improper acts of enterprises. On the question of whether it is legal for retirees to continue working, the Ministry of Human Resources and Social Security answered in the affirmative.
The current labor law on the mainland does not explicitly restrict retirees from continuing to work. Therefore, it is perfectly legal for retirees to continue working. At the same time, this also helps to give play to the wisdom and experience of the elderly, and has a positive role in promoting the development of enterprises. However, at the same time, it should also be noted that the labor remuneration obtained by retirees for continuing to work should be paid and withheld in the form of labor remuneration and personal income tax. Therefore, in practice, employers should operate in accordance with laws and regulations to avoid legal risks arising from improper conduct. III. Answer to the question of enterprise retirees' continued participation in social insurance contributions, the response of the Ministry of Human Resources and Social Security is to encourage enterprises to continue to participate in social insurance contributions for retirees in accordance with the law. According to the Notice of the Ministry of Human Resources and Social Security on Adjusting the Policy on the Collection of Social Insurance Premiums for Enterprise Retirees (Ministry of Human Resources and Social Security Fa [2014] No. 10), enterprises can voluntarily pay social insurance premiums, such as endowment insurance premiums, medical insurance premiums, and unemployment insurance premiums for those who have retired and continue to work in the employer. For enterprises, paying social insurance premiums can increase the sense of corporate social responsibility and corporate image, and also help stabilize the workforce.
For retirees, continuing to participate in social insurance contributions can protect their relevant social insurance rights and interests, and they can get higher retirement benefits when they retire again. However, at the same time, it should also be noted that there are certain limitations in actual operation, such as social security payment standards, rates and other issues that need to be considered when implemented. Therefore, enterprises should comply with laws and regulations and market laws in specific operations to avoid legal risks caused by improper operations. To sum up, as a common phenomenon for enterprise retirees to continue to work, the issue of retirees' participation in social insurance needs to be reasonably resolved. In order to protect the rights and interests of employees, employers should pay work-related injury insurance premiums in accordance with relevant regulations, and at the same time encourage enterprises to continue to participate in social insurance contributions for retirees. In practice, we must comply with laws and regulations, reasonably avoid risks, and ensure the smooth implementation of relevant policies. Finally, we asked the question, how do you think companies should better coordinate the employment of retirees? Protecting the rights and interests of work-related injury insurance for over-aged workers is a hot issue of current social concern. With the ageing of the population, it is becoming more common for people beyond the statutory retirement age to continue working.
In order to better protect the rights and safety of these workers, local governments have issued guidelines. The construction industry and manufacturing industry are the main industries in which over-aged workers continue to work, and policy documents such as the "Opinions on Further Doing a Good Job in Work-related Injury Insurance in the Construction Industry" issued by the four departments and the "Notice on Participation in Work-related Injury Insurance Work in Engineering Construction Projects" jointly issued by the six departments provide a strong guarantee for the work-related injury insurance rights and interests of over-aged workers. In addition, Zhejiang Province and other places have also issued guidance to expand the coverage of the work-related injury insurance system, include over-aged migrant workers in the scope of protection, promote over-aged employees to participate in work-related injury insurance, and effectively protect the rights and interests of work-related injury insurance. The government will further guide local governments to implement relevant policies, and over-aged workers need to pay attention to safety at all times. With the rapid development of China's economy, work-related accidents have occurred frequently, causing serious personal injuries and economic losses. In order to effectively protect the rights and interests of workers and promote social harmony and stability, the Ministry of Human Resources and Social Security has strengthened policy research, improved the work-related injury insurance system, and gradually explored the expansion of the coverage of the work-related injury insurance system, so that work-related injury insurance can benefit more people and resolve the work-related injury risk of employers.
According to the trial implementation of the insurance participation of persons over the statutory retirement age, this system has been initially explored. The Ministry of Human Resources and Social Security will continue to strengthen policy research and improve the system to make work-related injury insurance more stable and reliable, and better protect the rights and interests of workers. The work-related injury insurance system is an important measure to protect the rights and interests of workers and promote social harmony and stability. Strengthening the construction of the work-related injury insurance system is not only the responsibility of the government, but also requires the active participation and implementation of employers. At the same time, strengthening the publicity and popularization of the work-related injury insurance system and enhancing the awareness of workers' protection is the key to promoting the construction of the work-related injury insurance system. It is not appropriate for the government to introduce a pension subsidy plan, and the basic endowment insurance system for employees of mainland enterprises follows the principle of corresponding rights and obligations. If the insured person fulfills the contribution obligation during the working age and reaches the statutory retirement age and the contribution period reaches the minimum number of years stipulated by the state, he or she can receive the basic pension on a monthly basis.
When the insured reaches the statutory retirement age and the cumulative contribution period is less than 15 years, the following three ways can be adopted to deal with the pension treatment: extend the contribution to 15 years and receive the basic pension on a monthly basis; Transfer to the social endowment insurance of urban and rural residents in the place where the household registration is located, and enjoy the corresponding endowment insurance treatment; The individual applies in writing to terminate the basic endowment insurance relationship of the employee. For those who have not participated in the basic endowment insurance for enterprise employees, or who cannot meet the conditions for receiving a basic pension on a monthly basis after participating in the insurance, it is not appropriate for the government to adopt the method of introducing a pension subsidy plan to solve their pension problems. The government should strengthen the publicity of the basic endowment insurance policy for enterprise employees and the guidance of local work, take measures to strive to achieve "due diligence", encourage insured personnel to perform their payment obligations, and effectively protect their pension rights and interests. The basic endowment insurance system for enterprise employees is an important part of the mainland's social security system and an important means to protect the rights and interests of workers. The government should strengthen the publicity and popularization of the basic endowment insurance system for enterprise employees, improve the awareness of guarantees, contributions and rights protection of insured personnel, and promote the stability and improvement of the system.
Conclusion: The government's strengthening of the work-related injury insurance system and promoting social harmony and stability is an important measure to protect the rights and interests of workers and promote social and economic development. At the same time, the government's proposal to introduce a pension subsidy scheme also needs to weigh the pros and cons to ensure the fairness and feasibility of the system. In the next step, the Ministry of Human Resources and Social Security will continue to promote relevant work to protect the rights and interests of workers. At the same time, we also need the support and participation of the broad masses to jointly safeguard the overall situation of social harmony and stability. In the process of protecting the rights and interests of workers and promoting social harmony and stability, the government not only needs to strengthen institutional construction, but also needs to strengthen publicity and popularization, and improve the public's awareness of protection, payment and rights protection. It is recommended that the government increase the publicity and popularization of the social security system, strengthen communication with employers and workers, understand their actual needs, and solve problems in a timely manner. At the same time, it is also necessary to continuously monitor and improve the system to ensure the fairness, feasibility and effectiveness of the system.