What kind of unit workers have no retirement pay after retirement?
What kind of unit workers have no retirement pay after retirement?
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Hello owner, what kind of unit workers, no pension after retirement? In general, as long as the work unit in the work unit, then as a work unit, according to the relevant provisions of the labor contract law to give the normal payment of social security treatment, so that the payment of social security for a business unit, is the responsibility and obligation. Because it must be done, this is the provisions of the labor contract law, is a legal responsibility and obligation.
Then what kind of unit after retirement no pension, in fact, such a unit is a serious violation of the provisions of the labor contract law, is a kind of illegal behavior, if you are in the work unit in the normal work for decades, did not get the pension treatment, then we can be in accordance with the law to protect their legitimate rights and interests, first of all, through the labor inspection way to report and accept.
Labor Inspection Brigade to investigate and verify the situation is true, he will be in accordance with the limited period of time to require business units to make up for the employee's personal social security, because in the labor contract relationship during the existence of the business unit has the responsibility and obligation to assume the normal social security treatment of each of our employees, including pension insurance, medical insurance and other aspects of the treatment, then in this case, you can just ensure that In this case, you only need to ensure that your accumulated pension insurance contribution period is more than 15 years, then you can get the pension treatment.
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There is no retirement payroll unit, and the matter is also difficult to solve as there is a large stock in rural areas today, especially in remote areas.
First, the temporary self-employed units, second, the private surviving construction industry (more mobile), third, the private deep-processing industry, fourth, the rural land contractors, fifth, the cleaners, sixth, the private mobile handicrafts and so on the temporary work units.
Similar to the above, one day's pay for one day's work and nothing for one day's work. This phenomenon is more common in rural areas.
Therefore, it is recommended that: the state should take advantage of this similar private enterprises, should also be included in the scope of the security system, so that the workers in this area to work hard, have the idea of having a head start, before it is too late to eat the pill of peace of mind.
What kind of units do workers have no retirement pay after retirement? Very simple, the employer did not pay insurance for the workers of the unit, or pension insurance minimum contribution period of less than 15 years of the unit, the workers have no way to apply for retirement, but also no retirement pay. Of course what they receive after retirement is not a salary, but a pension.
First, the conditions under which enterprise workers are entitled to a retirement pension.
In 1997, the State Council Guo Fa (1997) No. 26 document, that is, "the State Council's decision on the establishment of a unified basic pension insurance system for enterprise employees," from the implementation of this decision, all urban enterprises, including state-owned enterprises, private enterprises, Chinese-foreign joint ventures and engaged in self-employed flexible employment, the unit and the individual in accordance with the proportion of the contribution to bear the pension insurance contributions, the contribution of full 15 years, reaching the legal retirement age, after retirement can receive a monthly basic pension, the pension is divided into basic pension and personal account pension; this decision before the implementation of the work and for the retirement of the personnel, in accordance with the old methods for retirement. However, only employees working in state-owned enterprises can enjoy this retirement treatment, in private enterprises, township and village enterprises, foreign-funded enterprises and self-employed workers are unable to enjoy the retirement treatment; the decision to implement before joining the work of the decision to implement the implementation of the personnel to retire, the implementation of the decision to the state-owned enterprises, collective enterprises before the implementation of the work of the years deemed to be years of contributions, the cumulative years of contributions (including the deemed years of contributions) of 15 years to meet the The statutory retirement age, you can apply for retirement, enjoy the basic pension on a monthly basis. In addition to the basic pension and individual account pension, a transitional pension is also paid.
Second, the conditions under which institutionalized workers are entitled to retirement pensions.
In February 2015, the State Council issued the document Guo Fa (2015) No. 2, which is the "Decision of the State Council on the Reform of the Pension Insurance System for the Staff of Institutions and Agencies", according to the spirit of the decision, the personnel who participated in the work after the implementation of the decision, and whose pension insurance contributions (including the number of years of deemed contributions) amounted to 15 years, and who have reached the legal age of retirement, can be processed for retirement and receive the basic pension monthly; the personnel who Persons who joined the workforce before the implementation of the decision and retired before the implementation of the decision will be retired in accordance with the old method; persons who joined the workforce before the implementation of the decision and retired after the implementation of the decision will be retired in accordance with the transitional method, and will be given a transitional pension in addition to the basic pension and the individual account pension.
Thirdly, what kind of unit retirees have no pension after retirement?
For what kind of unit retirees retire without pension, in fact, carefully analyzed, there is still a considerable part of the personnel is unable to get a pension in retirement. Of course the retirement mentioned here. Mainly refers to the legal age of retirement, after leaving the workplace did not apply for retirement formalities. In general, as long as the person can apply for retirement formalities, can receive a monthly basic pension, can not apply for retirement formalities, generally there is no pension, specifically there are so many types of personnel, after retirement can not receive pension. The first is working in private enterprises, foreign-funded enterprises, individual enterprises, if the employer does not pay insurance for the employees of the personnel, and they do not pay the pension insurance, there is no pension after retirement; the second is working in private enterprises, foreign-funded enterprises, individual enterprises before 1996, and reaching the legal retirement age, this part of the personnel working years can neither be calculated as the deemed years of contribution, nor pay pension insurance, so this part of the personnel is unable to enjoy the basic pension; third, all enterprise staff working in enterprises after 1996, and personnel working in institutions after October 1, 2014, if the unit and individuals do not pay the proportion of employees' pension insurance, then after reaching the statutory retirement age, it is not possible to apply for retirement, and so it is not possible to receive the basic The fourth is to reach the legal retirement age, the pension insurance contribution period is less than 15 years, and I am not willing to continue to pay contributions to the personnel, is not able to handle the retirement on time, and therefore can not receive the basic pension; Fifth is to pay the pension insurance, has reached the legal retirement age, but is serving a prison sentence, during the prison term is not able to enjoy the basic pension treatment; Sixth is the State (f) Public officials who have had their retirement benefits revoked by the organization department because of serious breaches of discipline or violation of the law.
In summary, according to China's retirement policy, no matter what unit of work, as long as the legal retirement age, pension insurance minimum contribution period of 15 years of personnel, are able to handle the retirement of the basic pension monthly; on the contrary, no matter what unit of work, if the employer did not pay for their pension insurance, or pension insurance contribution period is less than 15 years, not only can't handle retirement On the other hand, if the employer does not pay pension insurance for them, or if they have paid pension insurance contributions for less than 15 years, not only will they not be able to apply for retirement, but they will also not be able to receive basic pension after retirement.
What's the deal with reaching retirement age and not being able to collect your pension?We all know that as long as there is a formal job, the employer will pay five insurance and one gold for the employees every month, of which five insurance includes pension insurance, which is the basis for us to receive pension after retirement. In response to the issue of flexible employment personnel to participate in insurance, the Human Resources and Social Security Bureau also made it clear that you can buy social security individually and also enjoy the relevant benefits.
However, there are 5 cases, even if you reach the age of retirement can not receive pension, it may be worth to tell you about it to avoid a big loss haha.

Scenario 1: If you have not purchased pension insurance for 15 years, you will not be able to receive a pension after retirement.
Necessary conditions for receiving a pension: 1. Reaching retirement age, which is 60 years for men and 55 years for women in general; 2. Having at least 15 full years of pension insurance participation.Only when both conditions are met, you can receive a pension after retirement, and there is no time limit of years to receive a pension, the longer you live, the more you will receive a pension, and you will live to be 100 years old and lead 100 years old.
Some people at work, the employer has been paying pension insurance for him, they also pay part of it, but due to personal reasons did not continue to work in the unit, the pension insurance is in a state of suspension. At this time, some people do not care, to reach retirement age, although previously paid pension insurance, but the number of years is not enough 15 years, the same can not receive a pension.There is a way around this situation and that is to continue to pay until you have paid for 15 years.

Scenario 2: The employer does not pay social security for the employee
The Labor Law stipulates that employers must purchase social security for their employees, i.e., five types of insurance: medical insurance, work injury insurance, maternity insurance, unemployment insurance and pension insurance. The employer and the employee each pay a portion of the social security, with the employer paying 16% of the pension insurance and the individual 8%.
However, some companies, in order to save on their operating costs, do not follow the law in purchasing social security for their employees. In fact, this situation has become less and less common in recent years, but in previous years there were still many. Generally in the private sector, some employees have worked all their lives without paying social security, so naturally they cannot receive a pension after retirement.

Scenario No. 3: Individuals not covered by pension insurance
This part of the population mainly refers to flexible employment personnel (self-employed business households without employees, part-time workers who do not participate in the basic pension insurance in the employing organization, and other flexible employment personnel), the Social Insurance Law clearly stipulates that it is possible to participate in the basic pension insurance, but it is necessary for individuals to make contributions.
The fact that some people do not have a strong enough sense of insurance makes them not pay enough attention to it when they are young. There are also some people who think that the premiums are too high for their families to support financially, so they do not participate in pension insurance. A series of problems have caused them to be unable to receive their pensions when they retire.

Scenario 4: Not going through the retirement process, even if you meet the requirements for purchasing social security, you will reach retirement age and will not be able to receive your pension.
There are no rules. Retirement is a matter of love and care, and the pension is also a matter of love and care for you. Some people didn't go to the retirement formalities, maybe due to some other things delayed, but I believe that in the absence of special circumstances, everyone will go to the timely formalities, who is still with the money?

Scenario 5: Loss of individual employee files
Employee records not only record your on-the-job experience, work performance, business skills and job changes, but also corroborate with social security payment records.
Loss of employee records is not a retirement procedure, and in addition, the information in the individual employee records must be accurate and without error. I have seen a case before: a post has reached the retirement age, but the age registration on the employee file is two years younger than the actual age, which results in the need to continue to work for two years before he can retire?
Therefore, I will not dwell on the importance of archives, and I hope that you will pay attention to it.

Write a summary at the end
In the above five cases, even if you reach the retirement age, you will not be able to receive the pension, so if you want to have a security after retirement, you must pay attention to the conditions about receiving the pension, and then it is to pay the pension insurance year by year.
The principle of receiving pension is: pay more and get more, pay more and get more. If you have paid 15 years of pension insurance, but have not reached the retirement age, I suggest that you should continue to pay, and increase the number of years of payment, so that you will receive more pension after retirement.
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What kind of organization does a worker not get a retirement paycheck after retirement? Workers who don't or haven't paid social security don't get retirement pay. In the early 1980s, our organization hired two aunts to boil water and clean the house, which were called temporary workers at that time, and there was no such thing as paying social security in those days. By the 1990s, they could pay social security, but they were over 60 years old and could not do so according to the rules. By 2005, because they were old and really couldn't do it anymore, they were persuaded to retire, with a subsidy of about 20,000 to 30,000 yuan each. They are the special times, who did not pay social security, so there is no retirement pay.
First of all, you should know that after retirement is not a salary, is a retirement pension, salary is the labor remuneration of workers, to be on the personal income tax, while the retirement pension, is not on the personal income tax. There is a big difference, the retirement salary is just a common name for the public. So it is inaccurate to call it retirement pay.
In what kind of organization can I not receive a pension after retirement? Nowadays, even flexibly employed people without a unit can receive a pension as long as they reach the retirement age and have paid pension insurance for fifteen years, not to mention those who have a unit. Therefore, the situation you mentioned hardly exists.
If the employer does not pay the pension insurance according to the state regulations, and the employee himself does not pay the pension insurance, or pays the contributions for less than fifteen years, or is under the retirement age, he cannot receive the pension.
Thanks for the invite and even more thanks to the owner for asking the question.
Hello owner, what kind of unit workers do not have a pension after retirement? As an enterprise in the case of employees, then as long as the establishment of the corresponding labor contract with the enterprise unit, and in accordance with the law signed a labor contract within 30 days from the date of the social security treatment should be normal to buy, so that an enterprise does not pay social security for employees, then it is in violation of the provisions of the Labor Contract Law and the Social Insurance Law is illegal, then the employee should be put forward by the corresponding legal aid, by the legal means to resolve Such a dispute.
First of all, we can ask the enterprise to make up for the social security benefits during the period of the labor contract, for example, if you have worked in the enterprise for 20 years, then the enterprise should make up for the 20 years of social security. When your cumulative pension insurance contribution period reaches 15 years or more, then basically can get the corresponding pension treatment, because the pension on the one hand need to comply with the pension insurance contribution period reaches 15 years, and on the other hand to comply with their own to reach the legal retirement age.
So that you have these two conditions, you can receive the pension, then can not receive the pension certainly does not meet the legal conditions, so we have to appeal according to the law, first of all, you can through the labor inspection to report and complaints, requiring the enterprise unit to make up for the corresponding pension insurance, and secondly, you can also through their own work units, the location of the labor arbitration department to carry out the complaint according to the law, both are There is no problem at all.
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As we all know, when you work in an organization, the employer will pay social security contributions, and after you reach the legal retirement age, you can receive a monthly pension or old-age pension. People are also accustomed to the pension or pension is called retirement pay. However, there are indeed a few types of cases, retirement can not receive a pension. What are these types of situations?
First, where the organization does not have pension insurance contributions
In accordance with the provisions of the Labor Law, the Social Insurance Law and the Labor Contract Law, when a labor relationship is established, the employer shall pay social insurance for the employees. However, it is true that there are some units that are not standardized in their management, and in order to save the cost of employment they just do not pay social security to their employees.
Normally, they are not consciously pay, the units in the recruitment of workers and employees to clearly say that they do not pay social security, in this case, the employees agreed to generally rarely go to the right to defend.
There are also enterprises that solicit requests from employees to participate in social security. If the employee requests to pay, the employee's salary will be lowered, which is actually equivalent to using the employee's salary to pay social security for themselves, which is very uneconomical, and some employees request not to pay.
Normally speaking, the payment of social security is shared between the employee and the employer, and the employee himself only needs to bear about 10% of the contribution base, of which 8% is for pension insurance, 2% for medical insurance, and only 0.3%~1% for unemployment insurance. The unit's share of pension insurance is 16%, medical insurance is 6%~10%, and there are also unemployment, work injury and maternity insurance. It is a normal requirement that the employer's portion shall not be transferred to the employee. As long as the employee has evidence, you can ask the employer to return the excess social insurance premiums. However, it is difficult to get hold of evidence, and considering the reality, there are indeed many employees who do not participate in social security.
Second, the individual is not insured for old age
Enterprise workers are required by law to participate in pension insurance, but there are three groups of people who can participate in pension insurance on an optional basis.
The Social Insurance Law makes it clear that flexibly employed persons, self-employed persons without employees, and workers employed on a part-time basis may or may not participate in basic pension insurance. Workers employed on a part-time basis can actually establish a labor relationship with the employer, but their situation is rather special.
Workers employed on a part-time basis, who work no more than four hours a day and no more than 24 hours a week, may enter into a verbal agreement with the employer to terminate the employment contract at any time. The employer is only required to pay workers' compensation insurance for these workers.
Third, less than 15 years of pension insurance contributions
According to our legal retirement conditions, it is to reach the legal retirement age and have 15 years of pension insurance contributions. However, if a person reaches the legal retirement age with less than 15 years of pension contributions, he/she is not entitled to pension benefits.
Due to reaching the legal retirement age, the labor relationship with the employer is automatically terminated. In this case, contributions can only be made by way of flexible employment participation. Pension insurance must be paid on a monthly basis, not as some people think, wait until the retirement of a lump sum to make up for 15 years or more can be. Even before 2005, when you reached retirement age and did not meet the conditions for receiving it, the personal account was returned to the individual in a lump sum, and then the social security relationship was terminated. Therefore, in order to be able to receive the pension, or must be prepared in advance.
Fourth, loss of employee files
Many people may underestimate the importance of employee records, without which retirement is not possible. Employee records are a record of a worker's entire life, and can be fully corroborated with social security contribution records. There are even some old workers who can be recognized as having made deemed contributions by virtue of their employee records, and these years of contributions can be used to receive a pension without making contributions. For example, former permanent workers in State-owned enterprises, youths who went to the countryside, retired soldiers before the establishment of the military insurance system, and employees of institutions before the establishment of the old-age insurance system.
If an employee loses his or her file and wants to retire, he or she will need to look up the original employment record. Some records are directly irreplaceable, which can result in the loss of personal interests of the employee, so the employee must pay attention to his or her own records.
Fifth, not going through the retirement process
Many people may not believe it. To receive a pension, you must go through retirement procedures, and at present, due to the complexity of each individual's situation, the state does not have a uniform standard for automatic retirement procedures. If you don't go through the retirement procedures, you definitely won't be given a pension. Even if the social security system can have a record, it will not. In order to urge people to go through retirement formalities, the pension benefits during the period of late processing will not be reimbursed. Whoever caused the late retirement procedures is responsible for bearing the loss. Indeed, I have seen some people have their own special claims, through letters and petitions and other various ways to defend their so-called rights and interests, to not handle the retirement as a blackmail, in vain, delayed their own interests, but also can not receive the pension. At least after the retirement, then defend their rights ah. Therefore, retirement must be prepared in advance.
These five situations, have you thought about it? Pension insurance is very important, must be sure to pay contributions before the retirement age of 15 years, then go on schedule to prepare the relevant information for retirement, so as to ensure that the peace and security of the pension.
Under normal circumstances, employers are required to pay social security for their employees, and there are several possible scenarios in which you will not be able to get a pension after retirement.
First case: the retiree does not meet the conditions for receiving a pension
If you joined the workforce before September 30, 1998, the accumulated contribution period of the insured person needs to be more than 10 years, and if you joined the workforce after October 1, 1998, the accumulated contribution period of the insured person needs to be more than 15 years. Many people may not be aware of the need to pay social security contributions in the beginning, and when they are aware of it, they may not be able to fulfill the requirement of years of service.
The second situation: the employer does not pay social security for the employee
Especially those small employers, or small workshops, in order to save costs, simply do not pay the appropriate social security for their employees, and the employees themselves have a poor awareness of social security, resulting in working for a long time, may not realize that they do not have social security.
Some companies are still nasty, and if you don't take the initiative to ask for social security, the company fools around. Although this is illegal, many companies would rather take the risk in order to save money, so be sure to ask before you go to work.
Scenario 3: Employee voluntarily waives social security contributions
This situation is also very common, especially in some small organizations, the employees themselves are willing to get some more money in hand, and retirement is a distant thing, so many people are reluctant to pay social security. Of course, there is also a part of the freelance workers, they themselves do not pay social security, then naturally can not get the pension.
To sum up, social security is a kind of protection for individuals, whether they are sick or old age, social security can play a big role, not only to have a sense of paying social security, but also to be very clear about the amount of their own contributions, especially the company to help you to pay how much, can not be confused.
I. Sharing of a similar case
Something like Uncle Two, who has not paid social security for a long time, resulting in no retirement pay after retirement, is a microcosm of many retired workers who cannot receive their retirement pay.
Secondly, there are several main reasons why there is no retirement pay after retirement:
I hope my analysis above helps you!
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