Lawyers Only Allowed to Practice Until Retirement Age? What is the Retirement Age in 2022?
What is the retirement age in 2022?
According to the regulations, how old must my uncle be to retire in 2022? Thank you.
Answer: Article 169 of the 2019 Labor Code stipulates the retirement age in 2022 as follows:
The retirement age of workers under normal working conditions is adjusted according to a roadmap until it reaches 62 years old for male workers by 2028 and 60 years old for female workers by 2035.
Starting from 2021, the retirement age of workers under normal working conditions is 60 years and 3 months for male workers and 55 years and 4 months for female workers; thereafter, it will increase by 3 months each year for male workers and 4 months each year for female workers.
According to the 2019 Labor Code, workers under normal working conditions will reach retirement age when they are 60 years and 6 months old.
Must employees retire upon reaching retirement age?
My company has an employee who is approaching the end of their working age but has not yet accumulated 15 years of social insurance contributions to receive pension benefits. Should our company continue the labor contract with this individual (currently on an indefinite-term labor contract) or notify them of the termination of the labor contract?
Answer: Clause 1 of Article 36 of the 2019 Labor Code stipulates that the employer has the right to unilaterally terminate the labor contract in the following cases:...
- The employee does not show up at the workplace after the time period specified in Article 31 of this Code;- The employee reaches the retirement age as stipulated in Article 169 of this Code, except where otherwise agreed upon;- The employee quits their job without a legitimate reason for 5 consecutive working days or more;- The employee provides false information as specified in Clause 2, Article 16 of this Code during the signing of the labor contract which affects the recruitment of the employee.
Based on the information you provided, if the employee is approaching the end of their working age, your unit can terminate the labor contract with this employee upon them reaching retirement age, except where otherwise agreed upon. The current indefinite-term labor contract can either be continued, or a new labor contract can be signed.
Are lawyers allowed to practice until they reach retirement age?
May I ask Admin: Are lawyers allowed to practice until they reach retirement age according to the Labor Code?
Answer: Currently, the conditions and scope of practicing as a lawyer are specifically stipulated in the 2006 Law on Lawyers, the 2012 amended Law on Lawyers, and related documents. However, there is no document that limits the time or age at which a lawyer can practice.
If a lawyer works under a labor contract for a company or a law practice organization, they are considered an employee and must comply with the retirement age regulations stipulated in Article 169 of the 2019 Labor Code and related documents.
However, even after receiving a pension, they are still allowed to practice independently or at any law practice organization, provided that they meet the conditions for practicing without being restricted by age.
Respectfully!
