First, the company let the 57-year-old worker to go home to retire
The company let the 57-year-old worker to go home to retire, there are about the following reasons:
1, the poor efficiency of the enterprise, the implementation of the reduction of staff
The enterprise because of a variety of reasons, resulting in a serious decline in efficiency, compelled to implement the reduction of staff and pay cuts to alleviate the operational difficulties of the enterprise. As a result, a portion of the older employees were allowed to go home for internal retreat and were issued a monthly living expense of $638.
2, the worker's body does not adapt to the job work requirements
Due to the physical condition of the worker's reasons, such as: due to hospitalization in the non-work-related causes of the disease, discharged from the hospital can not be trusted to work, and the enterprise does not have a suitable position can be adjusted. Therefore, in this case, the enterprise made the decision to let him go home to recuperate and send him 638 yuan per month for living expenses.
3, the post work into intelligent, mechanized, do not need the old workers or old workers can not adapt to the job requirements
Enterprises in order to improve labor efficiency, reduce the labor intensity of workers, the worker's post of the equipment to carry out intelligent, mechanized technology upgrading and transformation, transformation no longer need manual operation, but by mechanical or computer automation, the emergence of the staff of the The original worker was laid off as a result of the redundancy phenomenon. The enterprise sent the worker 638 yuan per month living expenses, home to recuperate until retirement.
Second, the company let the 57-year-old worker to go home to recuperate, only the minimum wage of 638 yuan has no legal basis? Is it reasonable
1, according to the above analysis of several situations, in accordance with the "Labor Contract Law", Article 40: "Workers who are ill or injured not due to work, in the provisions of the expiration of the medical period can not be engaged in the original work, can not be engaged in by the employer to arrange for another job"; Article 41: "if serious difficulties occur in production and operation"; "if the enterprise changes production, major technological innovation or adjusts its mode of operation, and after changing the labor contract, it still needs to lay off personnel", the enterprise may terminate the labor contract with the worker in the several cases stipulated in the article. The employee's enterprise did not terminate the labor contract with the employee, but let the employee to go home to retire, and only send the minimum wage of 638 yuan, obviously the age of the employee from retirement less than five years, and has been working in the enterprise for more than fifteen years, is the "Labor Contract Law" Article 42 of the provisions of the labor contract is not allowed to terminate the situation.
If the enterprise in the above circumstances and the employee to terminate the labor contract, is bound to cause illegal discharge, the need to pay the employee in violation of the termination of one month for each full year of economic compensation of double compensation. Therefore, the enterprise has taken to send the employee 638 yuan wages (living expenses) way, not with the employee to terminate the labor contract does not seem to violate the labor contract law way. But in essence, the enterprise is still illegal!
2. According to the Minimum Wage Standard for All Provinces of the Country published in March 2019, the lowest monthly minimum wage in the country is the fourth grade of 1,130 yuan in Hunan Province. Obviously, the worker's enterprise issued him 638 yuan of wages that fell short of the national minimum wage standard and was only a living wage.
3, the worker's enterprise to let the 57-year-old worker to go home to recuperate, in clear violation of the Labor Contract Law, Article 4: "Employers shall, in accordance with the law to establish and improve the labor regulations and systems, to ensure that workers enjoy their labor rights, labor obligations," the provisions of the employee's right to labor violations.
4. The enterprise where the worker worked let the 57-year-old worker go home to recuperate, violating Article 8 of the Labor Contract Law: "When recruiting workers, the employer shall truthfully inform the workers of the content of the work, the working conditions, the working place, the occupational hazards, the state of safety and production, the remuneration for labor, and other information that the workers request to know; "The employer shall make public the rules and regulations and decisions on important matters directly affecting the personal interests of the workers, or inform the workers," the provisions of the labor contract between the enterprise and the employee to change the content of the work, working conditions, labor compensation, even due to layoffs, also need to be made public or informed of the workers.
In summary, the enterprise let the 57-year-old worker to go home to recuperate, although not with the worker to terminate the labor contract, but in essence, still violates the Labor Contract Law, one is only pay living expenses; second is a violation of the employee's right to work; third is a violation of the labor contract on the content of the work, the working conditions, as well as the agreement on labor remuneration. In addition even if the enterprise layoffs are subject to the consent of the trade union, and the layoff program will be publicized or informed to the workers.
Third, the company let the 57-year-old worker to go home to retire, only pay the minimum wage of 638 yuan is illegal, the employee how to do?
The company let the 57-year-old worker to go home to retire, issued 638 yuan living expenses, is illegal.
1, employees can be based on the "Labor Contract Law" Article 18 "labor contracts on labor compensation and labor conditions and other standards are not clear, triggering disputes, the employer and the worker can be renegotiated; negotiation fails, the provisions of the collective contract applies; there is no collective contract or collective contract does not provide for labor compensation, the implementation of the same pay for the same work; there is no collective contract or collective contract does not provide for labor compensation, the implementation of the same pay for the same work; no collective contract or collective contract does not provide for labor compensation. Collective contract or collective contract does not provide for labor conditions and other standards, the relevant provisions of the State" of the relevant provisions, you can complain to the local labor inspection department, the labor department required by law to require enterprises to make up for the lack of wages according to the wage standard of the same position, and require back to the enterprise to stop violating the right to labor, so that the employees back to the enterprise to continue to work.
2, can also be based on the "Labor Contract Law", Article 4, Article 8, Article 18 of the provisions of the labor department directly apply for labor arbitration, according to the law, according to the enterprise unlawfully terminate the labor contract related provisions, requiring the enterprise to give a full year of work for each one-month economic indemnity double compensation, and with the enterprise to terminate the labor contract.
Enterprises let the 57-year-old worker to go home to retire, pay five insurance and gold, open more than six hundred dollars, very right, because the enterprise is now in a difficult period, do not need so many people work? This is not the labor law can be resolved, the age of the eyes or, physical strength or, brain power or, spirit or, are not as young people? Optimize the position to the young people, it is right, if you feel wrong, you can also fight the lawsuit, but very old people, I advise or at the mercy of the people, less angry on the fire, adhere to the retirement, it's good, the light health is the mind has to be good! Healthy and happy as the priority!
Let me answer this question.
The company let the 57-year-old worker to go home to retire, give the minimum wage of 638 yuan, is unreasonable.
1. Workers have the right to labor. Let you go home to retire the company should be the system, in today's society with the state monopoly status of the enterprise, is the business income is relatively high, so the subject put forward the reluctance to prematurely leave the current position, enjoy the 638 yuan, go home to retire.
2. Like you, as a laborer, we hate to leave the existing enterprises as soon as possible. Because in the market economy, it has been eliminated by society, but it is still struggling to support, why bother? Now the enterprise has been shut down for more than half a year, during the shutdown period did not give us these workers a penny of income, we are looking forward to the enterprise as soon as possible to have a statement, or early bankruptcy.
As the saying goes, if you don't go bankrupt, you don't stand on your own two feet, and if you do go bankrupt, you'll be relieved to know that you can go and find your own life. But it's been a long time coming," he said. The first time I saw this was when I was a student at the University of California, Berkeley.
3. You as a worker, the enterprise's practice is a violation of labor laws, to reflect the situation of the labor regulatory authorities, you can make you return to work as soon as possible, continue to do their favorite work.
4. Accept the reality, after all, you are not young, you can go back to find a job that suits you, use the existing skills, to earn higher value.
What can you do if this world is unreasonable?
This practice is certainly not reasonable or legal.
Normally a company can't just send a 57-year-old worker home to retire. If it is the company's industrial structure adjustment, then you can consider transferring, but you must discuss and agree; if you want to let the employees to stay on duty, you must also come up with evidence of the company's operating difficulties, the need to reduce production, and pay the minimum cost of living, but the time to stay on duty must be clearly defined, and can not be more than two years.
If you want to implement the internal retirement treatment, you must also agree with the employee and pay the minimum wage, and social security will continue to be paid by the company. Until the time of retirement, the retirement procedures.
And now the company only pay 638 yuan for the subject of the minimum wage, social security how to do, it is not clear; the company and the subject of whether the negotiation reached agreement? You can be sure that the company did not do so, otherwise the subject would not have raised the issue.
From this table of minimum wage table can be seen, Liaoning Province, the fourth minimum wage of 1120 yuan, is the lowest level of the country, and the subject is now only 638 yuan, which is certainly not reasonable and legitimate.
How to deal with this matter?
1. Take the initiative to negotiate and return to work.
If the company only unilaterally notified the subject of the retirement, and there is no consensus, then the subject should be clearly rejected to the company, asked to return to work, normal work work.
If the company explicitly refused, you can apply for arbitration to the local Labor Arbitration Commission, and demand payment of the contractual wages during the "retirement" period.
2. If the company needs to reduce production due to operational difficulties, and requires the subject to stay on duty, then the company is required to pay the local minimum cost of living standard, and pay social security on time.
Some companies have to reduce production due to poor management and economic difficulties, which requires the subject to stay on the job, then the company must pay the subject the minimum cost of living, and pay social security on time for the subject.
Therefore, it is necessary to find out whether the company has paid its social security contributions on time, and if not, to pay them back in time. At the same time, the company is required to pay the minimum cost of living standard living expenses, it is best to go to the local social security bureau to understand the local minimum cost of living is how much standard, to see if the company is paid according to the standard, the lack of which must be required to make up.
3. If the company wants to let the subject retire, then it must also negotiate with the subject and pay the minimum wage.
If the subject accepts the company's internal retirement processing, then the company should be paid according to the local minimum wage, and pay social security on time. Therefore, the subject should take the initiative to find the company's negotiation processing, unsuccessful, then you can apply to the local arbitration committee arbitration processing.
In short, this matter should take the initiative to find the company, can not be left to the company to deal with, and affect the fundamental interests of the self. Well, I will simply analyze here, you hope my answer can give you help.
The above analysis is for reference only. If you are interested, you can pay attention to the view of the workplace, will bring you more knowledge of the workplace, to help you solve the confusion of the workplace. Welcome to leave your views and opinions in the comment section below!
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The company let the 57-year-old worker to go home to retire, pay 638 dollars a month, this is reasonable? This depends on the specific circumstances.
1, first of all, analyze, according to what you said the company opened to you the minimum wage is 638 yuan. Is this legal? According to the national "minimum wage regulations" part of the minimum wage can include the amount of personal social security. Because you did not indicate in the question belongs to which place employees, if you are in the region of the minimum wage is included in the amount of personal social security contributions, then you need to inquire about their own, whether the company has to pay you social security, contribution base is how much. Since you don't know your withholding base, you can't calculate the amount of your personal contribution. If the company gives you the personal part of the withholding and the actual amount of money sent to you, in line with your local minimum wage standard. That's also legal.
2, we analyze, the company let you go home to retire, whether the situation is legal.
If the company is the case of consensus with you, you personally agreed to retire, the company according to the local minimum wage wage, and pay your social insurance conditions, it should also be a reasonable way.
If the company does not have your consent, you have not reached the statutory retirement age, you are required to retire, only the minimum wage, is a violation of the labor contract law.
Article 4 of the Labor Contract Law: Employers shall establish and improve labor regulations in accordance with the law to ensure that workers enjoy their labor rights and fulfill their labor obligations.
Article 17 of the Labor Contract Law provides that when signing a labor contract, you need to indicate the basic nine elements, including: one, the duration of the labor contract; two, the content and location of the work; three, working hours and rest and vacation; four, labor remuneration; five, social insurance; six, labor protection, labor conditions and protection against occupational hazards;
From these 2 regulations, we can see that the company formed a formal employment relationship with you. From these two regulations, we can see that after the company forms a formal employment relationship with you, it needs to provide you with the agreed labor rights and labor content, and the company has the obligation to arrange things for you to do. If the company does not arrange things for you to do, can, then it is your company's problem, the contract agreed labor compensation still need to give me. You are 57 years old, not yet arrived at the statutory retirement age, in the case of labor contracts do not expire, the company let you go home to retire, your contract agreed what wages, still have to continue to send you how much wages. If the salary is composed of performance pay, only according to the company whether to deduct performance pay.
Should not be reasonable! This aspect I do not quite understand, I can only say that the minimum work 638 is too low. At least 1500 yuan or so on the line.
In all fairness, with the current prices, the rest of the work to give more than six hundred dollars is indeed not much.
But to think of it the other way around, this is in addition to the money in hand after the hardware, do not have to go to work ah; of course, to give more, more than a thousand dollars or two thousand, the whole of the internal retirement, that is the icing on the cake. If the entire internal retirement, according to the age of 57 years old, should be retired. But now the policy of the enterprise, who all know, completely this time and that time there is no sustainability, only by their own luck.
So, really can't, simply come back, they are now slightly do something, the whole two thousand dollars, or no problem, as long as they are willing to go down the identity does not end up in the frame.
In this way, they earn more than two thousand, plus the unit to the more than six hundred dollars, at least there are about three thousand.
Since the unit let go of people, the unit's operation and efficiency certainly to the point of struggling. In the past, it was said that this is the reduction of staff to increase efficiency. But the attrition is certainly, efficiency may not be. Because the enterprise has reached today's situation, may not be the personnel side of things. That is to say, efficiency, do not expect to increase to stay in the head of the staff, especially the sweat of the workers head.
Even stay in the people, in order to turn losses into profits, dry more, but because of various reasons, perhaps the benefits are worse, to get the hand may not be more people more often than not.
A difficult to save the unit, as if the inside hidden full of fleas broken quilt. If you do not have the courage to leave the broken quilt, covet the broken quilt of the point of heat, it can only be countless fleas nibbling, sucking blood. Until the bones are as thin as wood, and the oil is exhausted.
If you really jumped out, looking back at the decades you have traveled, perhaps you will sigh out really too late! But still came out.
Anyway, the unit also paid you with hardware, I think they do something stress is not too much, three years just a snap of the fingers. After three years, did the official retirement, that is into the real happy safe. At that time, if you want to do something, just do something, do not want to do, then drink a little wine singing the most beautiful but the sunset red it!
In the enterprise, this is called internal retirement, which has been done by very few enterprises in the past few years!
This is not a good thing for businesses. The person who was retired, nothing to do, the enterprise to pay him all kinds of insurance, more than 600 dollars a month, the enterprise loss? What about individuals! Give 600 dollars a month, enough to eat and drink? You violate labor laws!
But from the actual effect, I think the individual is advantageous! Equivalent to a long vacation before the retirement of enterprises, and there is a certain guarantee, but a little bit of ability, in the community to find a thing to do very easy! Earn two or three thousand dollars a month without any problem! The first thing you need to do is to get a good deal of money from the company!
It doesn't matter if it's reasonable or not, it's what you think is right or wrong that counts!
Calling on the relevant state management, respecting the reality of the country, so that the older male workers over 55 years of age to retire!