Can female employees of enterprises retire at the age of 50 by changing their status from management to worker?

2022-05-06 0 By

My cousin, born in 1972, just turned 50 this year.She, who works in corporate management, said that she could officially retire this year, which puzzled me a lot.But after listening to her explanation, I understood why.My cousin graduated from university in 1994 and was employed by a government agency as a civil servant.But in the 1990s, institutional units such as state-owned enterprises and state agencies were not popular.On the contrary, foreign companies and private companies have mushroomed, especially foreign companies with high salaries and decent jobs, which have become the targets of college graduates.My cousin worked for two or three years as a civil servant, but because of low salary and no challenge, she moved to a Japanese-funded enterprise.She started in administration, worked in business, operations and finally worked her way up to hr manager.Fortunately, this Japanese – funded enterprise, the work is still relatively stable, not facing middle-aged unemployment.When my cousin was 48, my uncle became paraplegic due to a stroke. He was in bed and needed someone to take care of him.My aunt is not well either.My nephew is in high school. His grades are not very good.My cousin’s husband is very busy working as the vice president in an enterprise.She wanted to retire and take care of the family.However, she works in a corporate management position and the mandatory retirement age is 55.How can I do that?If the legal retirement age for female employees is 55, how can they retire at 50?1. Legal retirement age for women According to relevant laws in China, men can go through retirement formalities when they reach the age of 60, while women can be divided into multiple positions, including management positions, professional and technical positions and worker positions. The corresponding retirement age for different positions is different.Women working in managerial and technical positions are female executives. Currently, most places require them to retire at 55 and enjoy pension benefits.Female workers who are engaged in the status of female workers only need to be at least 50 years old to handle retirement procedures and enjoy pension treatment.Of course, in addition to the status of female cadres, there is a special case, that is, the women who pay personal social security in the form of flexible employment, they also need to wait until the age of 55 before they can handle the normal retirement pension treatment.So say to regard the female that works in the enterprise unit to tell, so want oneself not to be cadre status only, basically can deal with retire according to the standard of 50 years old, enjoy this pension treatment.2, female worker worker identity or retire the cadre identity, to see whether the work unit 1), the identity of the agencies and institutions recognized authority institution operation specification, staff personnel file is very clear, is essentially create positions personnel allocation, engaged in what clear, to only need according to the corresponding post create positions at retirement.2) Identification of female employees in enterprises Decades ago, employees in old state-owned enterprises had different identities of cadres and workers. At that time, personnel files were clearly recorded and identities were easy to identify.Our country enterprise experiences the development of several decades, carry on state-owned enterprise reform to conform to the market development, when enterprise worker retires with what identity affirmatory this relatively more troublesome a few.On the other hand, the increasing mobility of talent has made it difficult to rely on personnel files for identification.The archives of a lot of people are not follow labor relations to go, for example someone works in a city originally, his archives stayed in this city, but when he goes to work in another city, his archives may not follow the past, so the archives may appear fault situation.3, when female workers retire, how to identify management positions or worker positions?China’s labor market changes with each passing day, there are a lot of people’s labor relations with the job changes.For example, some people initially work in state-owned enterprises or government institutions, but then quit to work in foreign or private enterprises.Some had worked in private enterprises for several years before entering the government.For employees working in enterprises, it is impossible not to change their positions in their career development.For example, my sister-in-law worked in an enterprise for more than 20 years, during which she worked as a worker, technical engineer, and later as an office director.Many people have similar experience with my sister-in-law, in the past more than 10, 20 years may have been engaged in management positions and workers, and may have been engaged in professional and technical positions, that should be retired in what kind of identity?Is it a cadre or a worker?4, enterprise female workers in accordance with the retirement post to identify the status of a lot of areas in the identification of female workers retired status, will not be in accordance with the personnel files, but in accordance with the employee retired post to determine.The position before retirement is basically judged on the basis of the labor contract signed by the employee and the enterprise. For example, if the labor contract is signed by the management position or professional and technical position, the retirement age is 55 years old. If the labor contract is signed by the worker position, then the retirement age is 50 years old.So, the post in the labor contract that female worker signs with the enterprise before retirement is vital.In order to retire at the early age of 50, some female employees engaged in management positions sign new labor contracts with enterprises in advance and then transform their status into workers.My cousin graduated from university and was identified as a cadre in the initial file.Working as hr manager in this Japanese enterprise is a management position.The retirement age should be 55.Now, that retirement does not come according to personnel files, but the final labor contract signed with the enterprise post.Therefore, in order to retire at the age of 50, my cousin took the initiative to sign a new labor contract with her employer at the age of 48. Her position was a production line worker, not a management position.My cousin worked in the enterprise for more than 20 years, and the company is more familiar, plus their own is to do personnel management.The owner of the company also understood that she had re-signed the contract to complete the retirement formalities.So my cousin retired at the age of 50.But different provinces have different standards for pre-retirement jobs.I looked through the files and shared some information.My cousin coordinates of Beijing at present, the Beijing municipal people club department determine female worker retirement age, according to the identity of the cadres and workers to make sure no longer, but according to the management post and the post position difference to judge, to finally signed a labor contract before retirement jobs and duties for the standard, the female worker of managerial and professional and technical posts, 55, reach legal and emeritus age,Female workers in non-managerial positions reach the statutory retirement age at 50.Additional, unit of choose and employ persons differentiates employee is management post, technical post and blame management post have certain autonomy.The retirement age of female employees in units who participate in the basic endowment insurance for enterprise employees shall be determined according to the nature of the post they hold at the time of declaration of retirement. If the post they hold at the time of declaration of retirement is a managerial or technical post, their retirement age shall be 55.The retirement age of those who apply for retirement is 50 years old.So, my cousin took advantage of Beijing’s latest regulations to retire at 50.According to the relevant regulations of Shandong Province, the retirement age of female employees with the status of former cadres who have worked in the worker’s post before retirement and have worked continuously for more than 5 years in the worker’s post when they reach the age of 50 shall be implemented at the age of 50.The retirement age shall be 55 for those who have worked continuously for less than 5 years at a worker’s post at the age of 50.The retirement age of a female employee who once worked as a worker but returned to a management post before retirement shall be 55 years old;Female workers with the status of former workers who have worked continuously for at least 10 years in a management post before retirement, their retirement age shall be implemented at 55;Those who have worked in a management position for less than 10 years shall be considered 50 years old.Female workers with the status of former workers who once worked in management posts but returned to work before retirement shall be executed at the age of 50.The relevant provisions of Guangdong province in accordance with the former Guangdong Provincial Department of Labor and Guangdong Provincial Social Insurance Administration forwarded the former Ministry of Labor and Social Security “On stopping and correcting the Violation of national regulations to deal with the early retirement of enterprise employees related notice” (Guangdong Wages (1999) 114) point 2 “provisions, the identification of the current position of female workers,The labor contract that signs with unit of choose and employ persons and laborer is the basis, namely no matter former identity is worker or cadre, its present post should be accurate with the post that decides in labor contract, every present post works one year above, all should maintain its identity with present post.This shows, to female worker identity affirms, different province regulation is different, but at present the regulation of most province basically is the requirement works continuously before retiring post 1~5 years time.