女员工达到50周岁，劳动合同会自然终止吗？

Is the labor contract terminated naturally when a female employee reaches the age of 50?

公司一名女员工即将满50周岁，已签了无固定期限劳动合同。由于该员工的绩效一直不是很好，公司有意想要终止劳动合同，但该员工社会保险的缴纳年限还不足15年，还不符合领取养老保险资格。所以等到这个员工年满50周岁，劳动合同会自然终止吗？公司可以按照员工达到退休年龄为理由与她终止劳动合同，并不支付终止劳动合同经济补偿吗？

A female employee of our company is about to reach 50. The company has signed a open-ended labor contract with her. Considering that her performance has not been very good, the company intends to terminate the labor contract with her. However, her payment of social security is less than 15 years, so she is not eligible to receive pension. Will the labor contract be terminated naturally when she turns 50? Can the company terminate the labor contract with her without paying severance on the ground that she has reached the retirement age?

2022.07.21

未缴纳社保，员工养老待遇损失如何计算?

How should the loss of employee’s pension benefits be calculated if the employer fails to contribute to social security?

用人单位未为员工缴纳社保，员工养老待遇损失如何计算？

If the employer fails to contribute to social security for employees, how should the loss of employees' pension benefits be calculated?

2021.05.27

员工在试用期内非因工死亡，公司需要赔偿丧葬费和抚恤金吗?

Does the company need to compensate for funeral expenses and pension in the event of a non-work-related death during the probation period?

员工入职不到两个月（在试用期内）非因工死亡，社保局不支付丧葬补助金和抚恤金待遇，这些我单位要支付吗？

An employee of our company died for non-work-related reasons within two months upon the induction (during the probation period), and the Social Security Bureau didn't pay the funeral subsidies and pension benefits. Is our company obliged to pay these expenses?

2019.05.16

员工达到退休年龄但未满足领取养老待遇条件，公司可以不续签吗?

If an employee reaches the retirement age but fails to meet the conditions for receiving pension benefits, can the company not renew the contract?

员工达到法定退休年龄但未满足领取养老待遇的条件，与公司的劳动合同已到期，公司乐意不续签吗？

If an employee reaches the statutory retirement age but fails to meet the conditions for receiving pension benefits, can the company not renew the contract upon expiration of the labor contract?

2019.05.09

公司与退职女职工签订的劳动合同能解除吗?

Can the company rescind the labor contract with a female employee who resigned from her post for any justified reason?

公司与职工签订劳动合同后，发现该女职工已于2007年在东北某省办理了退职手续，并领取退休金至今。请问公司是否有权解除该女职工劳动合同？

After signing the labor contract, the company found that such female employee had gone through the justified resignation formalities in a northeast province in 2007 and had been receiving her pension ever since. Is the company entitled to terminate the labor contract with this female employee?

2019.04.25

达到退休年龄未享受养老待遇的员工发生工伤，该如何处理？

How to deal with work-related injuries to those reaching the retirement age but not enjoying Old-age benefits?

我司有某一到达退休年龄但未享受退休待遇的员工发生工伤，请问此种情况该如何处理？

How to cope with the case where one of our employees, who reaches the retirement age but doesn’t enjoy Old-age benefits, sustained work-related injuries?

2019.02.28

员工医疗期内达到法定退休年龄的，可否终止劳动合同？

If an employee reaches the statutory retirement age during the medical treatment period, can the labor contract with the employee be terminated?

我司某员工已经达到法定退休年龄，但由于其社会保险缴费年限不足，尚无法享受养老保险待遇;而且该员工尚处于医疗期内，我司能否与该员工终止劳动合同？

One of our employees has reached the statutory retirement age but his number of years of social insurance contribution is insufficient, so he could not enjoy the Old-age insurance. Meanwhile, the employee is still in the medical treatment period. Can our company terminate the labor contract with the employee?

2018.05.10

公司向非因工死亡的员工家属支付的慰问费用是否属于“抚恤金”？

Can the condolence money paid by the company to the family of an employee who has died not due to work-related reasons be categorized as "pensions"?

本案的焦点在于该企业所说的慰问费是否符合我国《伤残抚恤管理办法》的两个前提。

The focus of this case is whether the condolence money made by the company complies with the two prerequisites specified in the Regulations on the Management of pensions for the Disabled or for the Family of the Deceased.

2016.12.06

如何解决缴费未满15年的养老保险待遇问题?

How to resolve the problem of pension contributions in the premium payment period of the Basic pension Insurance Fund falling below the required 15 years?

社会保险实际缴费年限与视同缴费年限之和仍不满15年的，并非绝对不能享受养老保险待遇，企业与职工在面对这类问题时，仍然有路可走。

The following section seeks to provide alternative solutions on how to redeem the pension payments when an employee has reached the retirement age but his premium payment period has not reached the minimum 15 years.

2016.08.04

享受养老保险待遇与退休年龄、社保缴费期限的关系

How is pension Entitlement Linked to Statutory Retirement Age and Premium Payment Period

缴费年限是指用人单位和职工按照规定缴纳养老、医疗、失业等有关社会保险费的累计年限，广义上，包括实际缴费年限和视同缴费年限。

Premium payment period refers to the cumulative payment period that employers and employees contribute to the basic pension fund, unemployment insurance fund and basic medical insurance fund as required by the State.

2016.08.04

企业如何处理达到退休年龄员工之间劳动关系

How should enterprises handle the labor relations with the employees reaching the retirement age?

如果劳动者达到退休年龄，但是没有享受养老保险待遇或领取退休金，他与用人单位之间仍然为劳动关系。

If employees reached the retirement age, but did not enjoy the endowment insurance or draw pensions, the relation between the employees and employers is still the labor relations.

2016.05.19

企业该如何支付因病或非因工死亡抚恤待遇?

How should enterprise compensate for employee's death resulting from sickness or non-work factors in this case?

除《社会保险法》第17条规定丧葬补助金和抚恤金两个项目应从基本养老保险基金中支付外，企业还应支付一次性困难补助金。

In addition to the allowance for funeral and pension as specified in Section 17 of the Social Insurance Law, which should be paid from the basic endowment insurance fund, employer should also pay one-time subsidy for overcoming difficult family situation.

2015.04.16

社会保险的仲裁时效

Arbitration Limitation fo Social Insurance

对社会保险各地规定不一，多数地区执行员工在职期间提出补缴保险的可不受仲裁申请期限限制。

The regulations on social insurance differ geographically. Most local regulations stipulate that an employee who requests the company to make up for the Old-age insurance within the subsistence of labor relations shall not be restricted by the fore-mentioned time limitation.

2013.03.19

转保，是福利还是陷阱？

Is the Transfer of Old-age Insurance Accounts a Benefit or a Trap?

2010.11.01

聚焦养老保险跨省转移

A Closer Look at Interprovincial Transfers of Old-age Insurance Accounts

编者按：《城镇企业职工基本养老保险关系转移接续新政暂行办法》已经实行3个多月。在劳动力密集的珠三角，养老保险关系转出是否顺利？在农民工户籍所在地的内陆地区，养老保险关系的转入是否遇到了障碍？全国各地的转移状况是否顺畅？各地社保局的负责人对《暂行办法》有何看法？

2010.11.01