Nowadays, a lot of arrived the person of emeritus age is happy " play beyond is hot " , after retiring, still be fond of again obtain employment. But, what a lot of people do not know is, exceed emeritus age again obtain employment, the protection that gets labor contract law no longer. Recently, court of Baoding high new developed area writtened guarantee with respect to careful the case of labor dispute dispute that surpasses emeritus age together so.
In Feburary 2017, appropriate of close Wang Mou of Wang Mou's mother sends a company to handle the work to a service, be sent subsequently some company is engaged in Bao Jie working. On May 6, 2017, wang Mou appropriate faints suddenly when some company works, rescue sending medical service dies after half hours. Wang Mou appropriate and service send a company to establish labor to concern, but this company did not sign labor contract with Wang Mou appropriate all the time. On June 13, 2017, wang Mou arbitrates to dispute of labor of Baoding city new and high district committee applies for labor to arbitrate, labor of Baoding city new and high district arbitrates committee exceeded legal and emeritus age with Wang Mou appropriate on June 15, 2017, main body is unwell Lao Renzhong proposal is made for case (2017) 85 do not grant to accept advice note. The controversy focus of this case is: Wang Mou appropriate and service send a company to whether be put in labor to concern.
With respect to case view
Above all, " contract law of labor of People's Republic of China " the 44th regulation: "Those who have one of following state, labor contract termination: (2) laborer begins to enjoy treatment of primary endowment insurance lawfully " , " contract law of labor of People's Republic of China carries out byelaw " the 21st regulation: "Laborer reachs legal and emeritus age, labor contract termination " , " top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems (3) " the 7th regulation: "Had enjoyed endowment insurance pay or the personnel of the pension that get what unit of choose and employ persons and its action use to produce the controversy that use worker worker lawfully, to people court to lodge a complaint, people court ought to be handled by service concern " , combine afore-mentioned regulations, should maintain accord with for laborer when enjoying pay of primary endowment insurance and a kind of status in reaching legal and emeritus age, labor contract all is stopped. Reaching legal and emeritus age is the legal particulars of a matter of labor contract termination, when laborer reachs legal and emeritus age, its already were not the comfortable division principal part of labor contract, no matter whether do its enjoy endowment insurance treatment, all concern for the service between its and unit of choose and employ persons. Appropriate of the Wang Mou in this case is born in on May 10, 1959, had exceeded legal and emeritus age at sending the age when the company handles the work to the service in Feburary 2017, reason cannot maintain Wang Mou appropriate and service to send existence labor concerns between the company.
The place on put together is narrated, wang Mou's lawsuit requests to cannot hold water, cannot maintain Wang Mou appropriate and service to send the labor that the fact exists between the company to concern, reason court rejects Wang Mou's lawsuit to request.
The judge reminds broad the old person that reachs emeritus age, arrived if emeritus age prepares again of obtain employment, answer to sign written service agreement with unit of choose and employ persons, make clear pay of working content, pay, even medical treatment safeguard, overwork compensation, with etc welfare pay, had saved relevant data at the same time. Such once produce issue, service consultation becomes effective safeguard.
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