1.In the middle and late 1990s, a group of super-large central enterprises (groups) reorganized and went public overseas, mainly adopting the reorganization scheme of "separating and surviving", listing excellent assets with good growth, stripping off the original non-performing assets and surplus personnel and entering the surviving enterprises, thus forming large state-owned surviving enterprises and surviving personnel. Retirees are a group with a large number of survivors. The so-called "internal retirement" is the abbreviation of "resignation and rest".

2. 1993 The Regulations on the Resettlement of Surplus Employees of State-owned Enterprises issued by the State Council stipulates that: "Employees who are less than five years away from retirement age may quit their jobs and have a rest upon their own application and with the approval of enterprise leaders. During the employee's resignation, the enterprise pays the living expenses. "

Second, should we cancel the "internal retreat" now?

1, The Report on Solving the Internal Retirement Problem holds that there are "one more, two lower and three higher" employees in state-owned enterprises. "More than one" means that the number of retirees is huge and the total amount is too large. "Two lows" refers to the low level of knowledge and skills and low income of retirees; "Three highs" means that a large number of young and middle-aged retirees are currently facing the dilemma of high employment threshold, high support burden and widening income gap. Among all kinds of personnel in state-owned enterprises, retirees are the most complicated, the team is the most unstable and the contradiction is the most prominent.

2. Lawyer Zhao Minna, who has handled many cases of labor disputes caused by "internal retirement", believes that due to the lack of corresponding supervision mechanism, the "internal retirement" policy originally aimed at protecting employees' legitimate rights has now evolved into a tool for enterprises to arbitrarily violate employees' rights.

Three, according to the relevant provisions of the state, enterprise employee retirement fee must meet the following statutory requirements before processing, be short of one cannot:

1. Surplus employees in the enterprise (the so-called surplus employees refer to those employees who can't produce normally and settle down because of difficulties in production and operation);

2. Statutory conditions for retirement (the State Council Decree No.099311) The statutory conditions for retirement are: "5 years from the statutory retirement age";

3. Employees voluntarily;

4. Business leaders agree;

5. The Ministry of Labor has put it on record.

Legal basis:

Measures for the handling of labor relations in large and medium-sized state-owned enterprises with separation, reorganization, diversion and placement of surplus personnel

first

Article 6 When an enterprise is restructured and diverted, employees who meet the internal retirement conditions within five years from the statutory retirement age may retire internally by the original main enterprise or the restructured enterprise controlled by the state-owned legal person after consultation with the employees. Before the restructuring, employees have gone through internal retirement procedures, and the original main enterprise will generally continue to fulfill the internal retirement agreement with employees. If the original internal retirement agreement is fulfilled by the restructured enterprise, it should be made clear in the overall plan of restructuring and diversion.