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Anonymous users2024-01-23What are the legal provisions on internal withdrawal?
1. Article 9 of the 1993 Regulations on the Placement of Surplus Employees of State-owned Enterprises (Guo Fa [1993] No. 111 Order) of the State Council clearly stipulates that: "If an employee is less than five years away from the retirement age, he or she may withdraw from his or her job to recuperate upon his or her own application and approval by the enterprise leader." It can be seen that there are three conditions for "internal withdrawal", that is, men reach the age of 55 and women reach the age of 50 or above, and the enterprise leaders approve the application by themselves.
2. The Ministry of Labor also has clear regulations on the internal withdrawal of enterprise employees. Lao Bu Fa [1994] No. 259 "Notice of the Ministry of Labor on Handling the Issues of Employees Withdrawing from Work and Recuperating in Strict Accordance with National Regulations" stipulates that enterprises shall pay attention to employees who are less than 5 years away from the retirement age.
before you can retire from work and recuperateWe must resolutely prohibit the practice of "internal withdrawal" by enterprises that go beyond the provisions of the State Council. In the future, such behaviors of enterprises should be corrected in a timely manner and dealt with seriously.
The regulations of the Ministry of Labor reiterate the "Regulations on the Resettlement of Surplus Employees of State-Owned Enterprises" and strictly prohibit the deprivation of workers' legitimate rights. The Ministry of Labor and Social Security (Lao Shefa [1999] No. 8) issued the Notice of the Ministry of Labor and Social Security on Stopping and Correcting Issues Concerning the Early Retirement of Enterprise Employees in Violation of State Regulations.
3. On July 23, 1992, the State Council promulgated the Regulations on the Conversion of the Operating Mechanism of Industrial Enterprises Owned by the Whole People, which is nominally an "industrial enterprise", but in essence its principle applies to all enterprises of the nature of the whole people, including state-owned commercial banks and former state-owned institutions that have been restructured into enterprises. Therefore, the regulations should now be used for all "internal withdrawal" disputes that arise in the reform of state-owned enterprises.
From the above legal provisions, policies and rules, it can be seen that there are strict conditions for the implementation of the "internal withdrawal" in the regulations of the State Council, and the "internal withdrawal" handled in violation of the above-mentioned laws, policies and rules will not be supported by the arbitration commission and the court.
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