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Taxation - China

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Whether Shanghai Enterprises Recruiting Retired Employees Still Have to Declare Social Security

Answer
Nowadays, more and more companies will recruit retired employees in some supporting positions, so how to avoid the employment risk of retired employees?

Q: If a person who is already enjoying pension benefits or receiving a pension according to the law has a dispute with an enterprise, can it be protected by labor law?
A: If a person who is already enjoying pension benefits or receiving a pension according to the law has a dispute with an enterprise, can it be protected by labor law.

Q: Is a company responsible for a retired employee who is injured on the job?
A: If you have reached or exceeded the legal retirement age, but have not gone through retirement procedures or are not entitled to basic pension insurance for urban workers according to the law, and continue to work in the original employer during the accidental injury or occupational disease, the employer shall bear the responsibility of work injury insurance according to the law.

Q: Whether retired employees are entitled to workplace injury benefits?
A: If an employer employs a person who has reached or exceeded the statutory retirement age or has received basic pension insurance benefits for urban workers, and is injured in an accident or suffers from an occupational disease due to work during the employment period, if the employing unit has paid work-related injury insurance premiums for him/her by participating in the project, etc., the "Work-Related Injury Insurance Regulations" shall apply.

Q: Does an enterprise have to continue to pay for an employee who has reached retirement age but has not accumulated 15 years of basic pension insurance?
A: There are generally four methods can choose:
1. Extend contributions until you reach 15 years and receive a monthly basic pension;
2. Make retroactive contributions until you have completed 15 years and receive a monthly basic pension;
3. Apply for transfer to the social pension insurance for urban and rural residents in the household registration area to enjoy the corresponding pension insurance benefits;
4. Individuals can apply in writing to terminate the basic employee pension insurance relationship and take out the personal account savings in a lump sum.

Q: Is financial compensation payable for termination of employment after reaching retirement age?
A: After the worker no longer has a labor relationship with the enterprise, the enterprise is not required to pay economic compensation.

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