It is true that the bankruptcy of the unit is relatively harmful to the employees, but the poor management of the enterprise, sometimes bankruptcy and bankruptcy is also a norm, and the survival of the fittest is the reality of social competition. In fact, no company wants to go bankrupt, but the reality is often not subject to people's will.
After the enterprise goes bankrupt and closes down, in accordance with the bankruptcy liquidation procedure, it shall give priority to the payment of employees' wages and benefits and social insurance, and at the same time, it shall also give corresponding compensation to employees in accordance with the provisions of the Labor Contract Law. According to the provisions of the Labor Contract Law, the bankruptcy of an employee is not to buy out the length of service, but to terminate the labor contract. If an employer terminates a labor contract due to bankruptcy, it shall provide economic compensation in accordance with Articles 46 and 47 of the Labor Contract Law.
The standard of economic compensation shall be paid to the employee according to the number of years of service in the unit and the standard of one month's salary for each full year. If the employee is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the employee shall be paid half a month's salary.
Where the monthly wage of an employee is three times higher than the average monthly wage of an employee in the previous year as announced by the people's government of the municipality directly under the Central Government or a city divided into districts where the employer is located, the standard of severance shall be paid to him or her at three times the average monthly wage, and the maximum period of payment of severance shall not exceed 12 years. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or termination of the labor contract.
According to the analysis of the provisions of the above laws and regulations, the employees of the bankrupt enterprise do not buy out their seniority, but receive economic compensation. Because it is unfair to buy out the length of service for employees, some places do not calculate the deemed payment period of employees who buy out their length of service, and buying out the length of service itself is an illegal act.
After the termination of the labor contract of the employees of the bankrupt enterprise, there are two destinations:
The first is to re-employ, that is, to find a job that suits you again. For employees who continue to be employed, the employer will continue to pay pension insurance and other social insurance for them, and the re-paid pension insurance and the payment period of the bankrupt enterprise will be cumulatively calculated, and the cumulative payment period of these employees will reach 15 years, reaching the statutory retirement age, and the retirement will be handled according to the in-service employees when they retire.
The second is self-employment. In addition to finding a new job, some self-employed people are employed flexibly or in self-employed businesses. If such personnel continue to pay the basic pension insurance for enterprise employees after flexible employment, they will be flexibly employed or called self-insured persons when they retire. This column is mainly in the classification of retirees by the social security department, indicating the unit before retirement or the nature of retirement.
Whether it is according to the retirement of in-service employees or according to the retirement of flexible employees, in fact, there is no impact on the calculation of personal pensions. In-service employees pay is the basic pension insurance for enterprise employees, flexible employment personnel pay is also the basic pension insurance for enterprise employees, in addition to the payment standards are different when on the job, in fact, the pension calculation method is the same, not in-service employees are a calculation method, flexible employment personnel is another calculation method, this is all the insured should understand the truth.
The level of pension depends mainly on three factors.
One is their own payment base. If you work in the unit not according to your own salary as the payment base, but according to the local social security department announced the lower limit of payment, except for the relatively low proportion of your own payment, only 8%, in fact, there is no difference with the payment standard of flexible employees.
Although flexible employees also pay according to the lower limit of contributions announced by the local social security department, the contribution ratio is 20%, which is 12% more than that of in-service employees, but the payment standard is the same as that of employees. The higher the contribution base, the higher the contribution index of the year, and the higher the contribution index, the higher the pension at retirement.
The second is the number of years of payment. The impact of the contribution period on the pension is very large. For example, the calculation of the basic pension is the average value of the sum of the pension calculation base and the indexed contribution salary divided by 2, and 1% of the basic pension is paid for each year of contributions. The 1% base is the average of the pension base and my indexed salary, the longer the payment period, the more 1% you get, and the higher the monthly basic pension.
The third is the pension calculation base. The pension calculation base is still a fixed value, in the same overall planning area for retirement, the pension calculation base is the same standard, whether you are an in-service employee, or a flexible employment person, whether it is in the unit for retirement or individual retirement, the pension calculation base is the same standard. For example, the unified pension calculation base in Sichuan Province will be 7,822 yuan in 2022 and 8,079 yuan in 2023, with a certain increase every year.
In addition to the above three main factors, retirement age is also one of the factors affecting the level of pension, mainly affecting the personal account pension. The personal account pension is calculated and paid according to the amount of personal account savings divided by the number of months used. For example, if you retire at the age of 60, the number of months is 139 months, the number of months of retirement at the age of 55 is 170 months, and the number of months of retirement at the age of 50 is 195 months. The older the age, the fewer the number of months, and the higher the personal account pension.
To sum up, for employees who are bankrupt or bought out by the bankruptcy of the unit, whether they retire as employees or as flexible employees depends on their status of paying contributions before retirement. If the contribution is made by the employer before retirement, the retirement shall be handled by the employee of the unit, and if the contribution is made as a flexible employee before retirement, the retirement shall be handled according to the flexible employment personnel. No matter what kind of capacity you retire in, it has no impact on your pension.