New retirement policy for toxic and harmful jobs

Legal analysis:

The retirement policy for toxic and harmful special jobs is consistent throughout the country, which was implemented in document 1000 of February 15/999. (78) Document the State Council 104 (1999)8 Issued by the Ministry of Labor and Social Affairs. Provinces and cities have no right to formulate retirement policies. So special jobs, men over 55 years old and women over 45 years old, are all engaged.

Legal basis:

Interim Measures of the State Council Municipality on Retirement and Resignation of Workers

Article 1 Enterprises and institutions owned by the whole people, party and government organs and mass organizations that meet one of the following conditions shall retire.

(a) men over 60 years of age, women over 50 years of age, continuous service for ten years.

(two) engaged in underground, high altitude, high temperature, particularly heavy physical labor or other harmful work, men over 55 years of age, women over 45 years of age, continuous service for ten years.

This provision also applies to grassroots cadres whose working conditions are the same as those of workers.

(3) The male has reached the age of 50, the female has reached the age of 45, and has worked continuously for ten years, and has been certified by the hospital and confirmed by the labor appraisal committee, and has completely lost the ability to work.

(4) Disabled due to work, certified by the hospital and confirmed by the director of the labor appraisal committee, completely losing the ability to work.

Article 2 After retirement, workers shall be paid a monthly retirement fee according to the following standards until their death. 1) Those who meet the conditions in Items (1), (2) and (3) of Article 1 and participated in the revolutionary work during the War of Resistance against Japanese Aggression period shall be paid 90% of their standard salary. Those who participated in revolutionary work during the War of Liberation were paid 80% of the standard salary. After the founding of the People's Republic of China, those who participated in revolutionary work and worked continuously for 20 years will be paid 75% of their standard salary; Those who have worked continuously for ten years but less than fifteen years will be paid 60% of their standard salary. If the retirement fee is less than twenty-five yuan, it will be paid at twenty-five yuan. (two) in accordance with the provisions of Article 1 (four), in need of help in life, according to my standard salary of 90%, and according to the actual situation to a certain amount of nursing expenses, generally not more than an ordinary worker's salary; If you don't need help in your daily life, you will be paid 80% of the standard salary. Those who have more than two retirement conditions at the same time will be paid according to the highest standards. If the retirement fee is less than 35 yuan, it will be paid at 35 yuan.

Article 3 Workers suffering from stage II or III silicosis may resign and rest if they wish. Retirement fee is paid at 90% of my standard salary, and I can enjoy the treatment of silicosis patients in my original unit during the rest period. Cadres suffering from silicosis can leave their posts for rest, and can also refer to this article.

Fourth workers who have won the title of national labor hero and model worker and still maintain their honor when they retire; Workers considered by the revolutionary committees of provinces, municipalities and autonomous regions to have made special contributions to revolution and construction; Demobilized and demobilized soldiers who have been awarded the title of combat hero by units at or above the army level may, as appropriate, have their retirement expenses higher than 5% to 15% of the standards stipulated in these measures, but the retirement expenses after raising the standards shall not exceed their original standard wages.

Article 5 Employees who do not meet the retirement conditions and are certified by the hospital and confirmed by the labor appraisal committee to be completely incapacitated shall resign. After resigning, I will be given a monthly living allowance equivalent to 40% of my standard salary. If you don't come to 20 yuan, give me the promotion fee for 20 yuan.

Article 6. General relocation of retired workers, by the original unit to give a one-time resettlement subsidy 150 yuan, from large and medium-sized cities to rural areas, to give a one-time resettlement subsidy 300 yuan. Ex-workers who move can get a resettlement allowance equivalent to their two-month standard salary.

Article 7 When employees retire or resign, the travel expenses, accommodation expenses, baggage handling fees and food subsidies required by themselves and their immediate family members to go to their places of residence shall be handled in accordance with the existing regulations.

Eighth retired workers themselves can continue to enjoy free medical care.

Article 9 The retirement expenses and living expenses of employees shall be paid by the enterprise administration, and the party and government organs, mass organizations and institutions shall be paid by the civil affairs departments at the county level where retired and resigned employees live in a separate budget.