Grassroots lawyers also have spring

Chapter 397 Questioned!
"So our social security premiums have been paid for nothing!" Manager Wang said.

"It can be understood in terms of work-related injuries, but the vice president's pension insurance and medical insurance are continuous." Wang Chuan said.

"Then how should we deal with it better?" Mr. Song asked with concern.

"From the company's point of view, since it was a traffic accident, the party responsible for the accident will definitely pay him a certain amount of compensation. I suggest that your company talk to the vice president about the company's work-related compensation. See what he thinks, after all, he proposed it Strictly speaking, he is also responsible for paying social security in the imperial capital.

But I don't suggest that the relationship between the two of you is deadlocked. Once it goes to court, the probability of the company losing is extremely high! "Wang Chuan said mildly.

"Okay, we understand!" Manager Wang said.

"The second question is the retirement age of employees.

Recently, two female employees in our company are about to reach the retirement age. Our labor and management commissioner said that the labor relationship can be terminated directly when the age is reached, but I always feel uneasy, so I would like to ask you, can we directly terminate the labor relationship? " Manager Wang asked.

"This issue is a bit complicated, mainly because there are three types of retirement for female employees. The retirement age for female employees in non-management and technical positions is 55 years old, the retirement age for female employees in management and technical positions is 45 years old, and the retirement age for female employees in special jobs The retirement age is [-] years old..." Wang Chuan was interrupted by the other party in the middle of speaking.

"Lawyer Wang, let me interrupt you. I also consulted lawyers before. They said that female employees retire as cadres and workers. Why is it inconsistent with what you said?" Manager Wang questioned.

"The retirement age you mentioned is divided according to the status of cadres and workers is an old calendar, I will explain it to you and you will understand.

In 1978, the State Council promulgated the "Interim Measures of the State Council on the Placement of Elderly, Weak, Sick and Disabled Cadres" and the "Interim Measures of the State Council on Workers' Retirement and Resignation" (Guo Fa [[-]] No. [-]) respectively stipulated that cadres and Worker's retirement age.

According to these two documents, female cadres have reached the age of 55, and female workers have retired at the age of 45. Female employees who are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work that is harmful to their health, or who have reached the end of their continuous working years Ten years later, if there are situations such as complete incapacity to work, the statutory retirement age is [-] years old.

In 1995, the former Ministry of Labor promulgated the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (Laobufa [[-]] No. [-]) clearly stipulated that all employees of the employer shall implement the labor contract After the system is established, if the employee is transferred from the original worker post before the system transformation to the original cadre post (technical post), or from the original cadre post (technical post) to the original worker post in the employer, his retirement age and conditions shall be implemented in accordance with the current state regulations of the post .

According to the "Explanation of the Laws and Regulations Department of the Ministry of Personnel on the Interim Regulations on the Management of Cadres Employed in Enterprises Owned by the Whole People" issued in [-], cadre posts include management posts and professional technical posts.

Therefore, judging the retirement age of a female employee in a company can no longer be judged based on whether she has the status of a cadre or a worker, but should be determined based on the specific position that the female employee currently holds in the company.

If a female employee is currently engaged in a management or technical position, her retirement age is 55; if she is engaged in a non-management or technical position, her retirement age is 45; if she is engaged in a special type of work , the retirement age is [-]. " Wang Chuan explained.

"Oh, I seem to understand, but I don't seem to understand.

Lawyer Wang, just now you mentioned a lot of regulations and measures. What should we do if we cannot determine or accurately determine which type of work a female employee belongs to. " Manager Wang asked.

Just now Wang Chuan said a lot in one breath, and Manager Wang couldn't react for a while. After all, she is not a professional. After hearing so many regulations, her head is now completely confused.

However, she has some skills to be able to achieve this position. According to her thinking, instead of memorizing those terms and conditions, it is better to come up with a practical and down-to-earth solution.

"Well... Let me give you a suggestion. If it is really difficult to determine the position, but the age of the female employee has reached the critical line, you can directly take the materials to declare retirement to the labor bureau, and wait for the labor bureau to approve her retirement. Terminate the labor relationship with her.

If the labor bureau refuses to approve it, it will give you an explanation, and you can explain it to the employee when you come back. If the employee is not satisfied, you can guide her to sue the labor bureau.This prevents the company from being dragged into a lawsuit.It can also avoid inflaming the relationship between the company and its employees. "Wang Chuan thought for a while.

"Then if the employee reaches the age and retires, do we need to pay financial compensation?" Manager Wang continued to ask.

"No, according to the "Labor Contract Law", after employees start enjoying pension insurance benefits, the labor contract is terminated, and the company does not need to pay any economic compensation." Wang Chuan said.

"Oh, okay, thank you, Lawyer Wang. For the time being, we have no problem." Manager Wang said after seeking Mr. Song's opinion.

After the conference call ended, Wang Chuan and Ouyang De left the meeting room.

Since Wang Chuan took over the legal consultant team, clients' legal consultations have taken up most of his time. The consulting work is particularly trivial and not easy to achieve results. In addition, he is young and energetic, and he will inevitably feel a little irritable after a long time. However, due to the For the sake of face, he can only hold on.He planned to talk to the old cow when he couldn't hold on anymore.

In fact, the life of a lawyer is no different from that of other office workers. They are all working hard.Analyzing cases and answering questions takes up most of a litigator's time.

If it is not about the difference between litigators and other professionals, it may be the particularity of practice, which is somewhat similar to doctors.They accompany the client through the things that the client may not want to mention in this life, but must be resolved.

When she was about to get off work, Zheng Tongzi sent a QUQUO message, and she had already become a solo lawyer with commission.Chatting a few days ago, Wang Chuan heard Hao Renyuan say that her business has improved a little during this period, and she can basically solve the problem of food and clothing. Of course, she still lives at home.

Zheng Tongzi: Lawyer Wang, are you busy?

Wang Chuan: I just finished the teleconference, and I am sorting out the case files and preparing for the trial next week.What's the matter?
Zheng Tongzi: I took a work-related injury case, but I seldom do this kind of case. I want you to help me talk about it. I don’t want you to talk about it for nothing. How about giving you a [-]% commission?
Wang Chuan: It's okay to talk about the case, but the commission is fine!We brothers don't have to be so polite!When will we talk?

(End of this chapter)