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The Meaning of Enjoyment of New Rural Social Pension Insurance Benefits

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DOI: 10.23977/socsam.2023.040815 | Downloads: 61 | Views: 569

Author(s)

Jiajun Li 1

Affiliation(s)

1 Law School, Guilin University of Electronic Technology, Guilin, China

Corresponding Author

Jiajun Li

ABSTRACT

If a dispute arises between an employer and a person recruited by the employer who is already entitled to old-age insurance, the dispute shall not be handled in accordance with labor relations. The "old-age insurance treatment" means the basic old-age insurance treatment for unban workers, and the new rural social old-age insurance treatment for over-age migrant workers is not equivalent to it. From the point of view of conforming to the legislative purpose of the Labor Law and helping to safeguard the labor rights and interests of over-age rural workers, it should be considered that the enjoyment of new type of rural social old-age pension insurance treatment does not mean the enjoyment of "old-age pension insurance treatment".

KEYWORDS

Over-age migrant workers, Pension insurance benefits, New rural social pension insurance benefits

CITE THIS PAPER

Jiajun Li, The Meaning of Enjoyment of New Rural Social Pension Insurance Benefits . Social Security and Administration Management (2023) Vol. 4: 111-115. DOI: http://dx.doi.org/10.23977/socsam.2023.040815.

REFERENCES

[1] The First Court of Guangzhou Railway Transportation of Guangdong Province (2017) Yue 7101 Xingchu 2254.
[2] The First People's Court of Dongguan City, Guangdong Province (2015) Dongyi Fa Xing Chu Zi No. 448.
[3] Article 11 of the Social Insurance Law stipulates: "Basic pension insurance is a combination of social coordination and individual accounts. The basic pension insurance fund consists of contributions from employers and individuals and government subsidies."
[4] Article 15 of the Social Insurance Law states: "The basic pension consists of a coordinated pension and an individual account pension. The basic pension is determined on the basis of an individual's accumulated years of contributions, his or her contribution wage, the average wage of local employees, the amount of the individual account, and the average life expectancy of the urban population."
[5] Article 21 of the Law on Social Insurance states: "The new rural social pension insurance benefits consist of a basic pension and a personal account pension."
[6] Article 20 of the Social Insurance Law states: "The State shall establish and improve the new rural social pension insurance system. The new rural social pension insurance system combines individual contributions, collective subsidies and government subsidies."
[7] Article 44 stipulates: "A labor contract shall be terminated under any of the following circumstances: (ii) if the worker begins to enjoy basic pension insurance benefits in accordance with the law;"
[8] Zhang Lin, Study on the Principle of "Inclined Protection" in Labor Law, (2021) Doctoral Dissertation, of Southwest University of Political Science and Law, p. 13.
[9] Official website of the Guangdong Provincial Department of Human Resources and Social Security <http://hrss.gd.gov.cn/zmhd/cjwtk/content/post_1298070.html> (accessed November 15, 2023).
[10] Notice on Issues Relating to the Announcement of the Average Monthly Wages of Employed Persons in Full-Caliber Urban Units of the Province in 2022 and the Upper and Lower Limits of the Basic Pension Insurance Contribution Base for Employees in 2023.
[11] Official website of the Guangdong Provincial Department of Human Resources and Social Security <https://hrss.gd.gov.cn/zmhd/cjwtk/shbz/content/post_4140000.html> (accessed November 16, 2023).

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