In 2007 03 months 19 days Source: Daily worker  
    The case summary 
    In February 9, 2007, Hangzhou City, Xihu District court staff Wu Lili refuses to accept the labor and Social Security Department of Zhejiang province to the audit opinion retired due to administrative proceedings verdict: "Wu Lili rejected the litigation request".
    Prior to November 27, 2006, due to dissatisfaction with the audit opinion, Wu Lili will be the Zhejiang provincial labor and Social Security Bureau to court, that the hall against the audit procedures, without the plaintiff did not check the signature, the original identity card, a violation of the law "voluntary retirement principle", asking the court to revoke the office agreed to the retired audit opinion.  
    In February 9, 2007 twenty-two, the twelfth lunar month, people are making preparations for the festival to buy special purchases for the Spring Festival be full of joy. But this day for Wu Lili who lives in Hangzhou, has a different taste. This day, Hangzhou Xihu District court Wu Lili refuses to accept the labor and Social Security Department of Zhejiang province to the audit opinion retired due to administrative proceedings verdict: "Wu Lili rejected the litigation request".
    Prior to the November 27, 2006, Wu Lili will be Zhejiang Province Labor Bureau to court. Wu Lili believed that the hall against the audit procedures, without the plaintiff did not check the signature, the original identity card, a violation of the law "voluntary retirement principle", asking the court to revoke the office agreed to the retired audit opinion.
    It is reported, the trial attracted some female workers across Zhejiang, coming to the court, their experiences and Wu Lili the same or similar: long term in the professional and technical posts, but was forced to retire at the age of 50.
    It is understood, in Zhejiang province there are many similar experiences of female workers, pay close attention to the Wu Lili trial.
    Case playback 
    In September 5, 2005, Zhejiang chemicals import and Export Corporation Employee Wu Lili had just finished his 50 birthday in less than a week, he received the company personnel department announced her retirement notice.
    Wu Lili was born in August 30, 1955, 1991, the company headquarters financial management department.
    In 1995, the enterprise began to implement the labor contract staff, the company will she posts for financial personnel.
    Wu Lili think, according to the relevant departments in Zhejiang province 1996 "on the implementation of 'of the people's Republic of China Labor Law > opinion" notice fifth: "the employer of all employees to implement the labor contract system, to the employer, the original workers employed by cadres (Technology) job over five years of continuous work, and in the post retirement, retirement age and condition in accordance with the provisions of national implementation according to the current position, I voluntarily, can also according to Worker Retirement", she in the company as "document cashier" post belongs to the financial management department of the situation, in conformity with the above provisions, should be in accordance with the relevant provisions of the state to retire at the age of 55.
    Wu Lili immediately to the company leadership to write a report, think of themselves before the statutory retirement age, not agreed to retire. But the company said it had given her retirement processing procedures.
    According to the "Zhejiang Provincial Labor Department of the provincial Ministry of retired workers, retirement approval notice" provides that: "each unit needs to bring the following materials to go through the formalities of approval of retired workers, retirement at:...... The workers I Id original and photocopy a...... The female cadre selection according to worker retirement age of retirement, I shall provide application for retirement."
    She told reporters: "the things I had retired with emeritus formalities, the photo is 2005 July employees out landscape photos, ID card copy is a copy of ID card when the plane ticket for." Wu Lili also showed reporters a "Zhejiang province subordinate employees retirement (retired) and basic pensions approved list" copy, "the employee table of basic pension that opinion" signature column is blank, and behind the "retirement (retired) approved Department opinion" has to fill in the "agreed to the comrades from 2005 to August retirement (resigned)", and sealed by the labor and Social Security Department of Zhejiang Province retired dedicated seal.
    Retirement procedures without the signature, submitted approval nor to I ask for Id original, as the provincial retired workers, retirement approval departments of Zhejiang province labor hall is how approval? Wu Lili thinks, approval of materials submitted retirement formalities have resort to deceit; Zhejiang province labor office agreed retirement advice, in violation of the "labor law" and the relevant documents, deprived of their right to work, and in November 27, 2006 the Zhejiang Province Labor Bureau to court.
    The focus of controversy
    In January 12, 2007, a court hearing the case, the focus of controversy is: cashier work whether it belongs to the technical post, Wu Lili should retire at what age.
    The third Zhejiang chemicals import and Export Corporation, Wu Lili's position is not belonging to the technical post, its been a worker identity, must deal with emeritus formalities according to women at the age of 50 years stipulated.
    The enterprise provides a February 21, 2005 "general manager office meeting minutes and about the nature of the company existing post decision" to the court decision, the cashier, internal bank post setting for human post. At the same time, the minutes of the meeting to become the Zhejiang province labor hall argued that their important evidence legal approval.
    Wu Lili think, in accordance with legal procedures, the major provisions of the company shall report to the board for approval, the workers congress passed. The immediate interests of the staff and workers of the company decided to, without the approval of the board of directors and the competent departments, have not reviewed by the workers' Representative Congress, in violation of the "labor law", "labor law" and the "company law" and other relevant provisions.
    At the same time, enterprises will be the cashier, accounting archives management accounting technical positions from separate columns for human post, in violation of the "accounting law" the relevant regulations.
    In February 9, 2007, Hangzhou City, the Xihu District court for the "mingaoguan" case verdict: "1995 third units of all employees to implement the labor contract system, the plaintiff in the financial cashier position, identity for workers; the signing of the 1995 and third people in the labor contract the posts for the financial job; labor contract signed in 2003 to post for the assets of financial department cashier, whose identity is still working...... Hold the plaintiff's financial personnel qualification certificate, be engaged in financial work must be qualifications, but third people do not have the appointment of its accounting for professional and technical positions, therefore the plaintiff said the cadre (Technology) the relevant provisions of the post retirement, inconsistent with the facts.
    "Zhejiang province labor hall in the examination and approval of Wu Lili retirement procedures is not inappropriate, dismissed the plaintiff's claim."
    This decision, Wu Lili refuses to accept and to appeal.
    It happens that there is a similar case 
    In recent years, Zhejiang province and Wu Lili, on the grounds of identity for the workers employing units, the professional and technical personnel is not individual phenomenon to retire at the age of 50, resulting in all kinds of labor dispute cases.
    A Hangzhou branch Sau, 1994 served as deputy director of the Bureau of a center, deputy director of the Bureau in 1999 a center, technical titles in 1986 made the technical qualification, 1991 1995 August as an assistant engineer, engineer.
    In 2006 September, the unit that 50 year old lady retired life, which think of themselves as professional and technical personnel, should be in accordance with the provisions of the Ministry of personnel enjoy the cadre retirement package file. The personnel department is that the identity is a worker, she began to complain to the relevant departments.
    In a hospital in Hangzhou, Ms. Hu is the only local anesthesia of doctor of vice director of Hangzhou Committee, anesthesia quality control center, at the age of 50, according to the retirement age for retirement.
    Ms. Zhang worked in another hospital, chief physician, and security chief, to retire at the age of 50.
    Reporters also learned that, in recent years due to retire at the age of 50 years of litigation caused many problems.
    In 2005 February, the Zhejiang Province tobacco companies Hangzhou branch Hangzhou cigarette sales limited company Party branch secretary Zhao Lijia retired at the age of 50.
    Zhao Lijia to the Zhejiang province labor arbitration committee for arbitration application is rejected, the Zhejiang province labor hall, Hangzhou tobacco companies to court. Subsequently, Hangzhou City, Hangzhou City Intermediate People's Court of Xihu District court in Hangzhou tobacco companies fails and Zhao signed labor contracts and not for the appointment of cadres, no approval procedures of personnel record, Zhao is not the legal sense of the employment system for cadres, dismissed the claims of zhao.
    In March 10, 2005, 59 female workers in Hangzhou Xiaoshan area institutions signed a letter to Xiaoshan District Bureau for letters and calls, request the relevant units for the implementation of the provincial government to the province personnel departments forwarded on "appointment system in Institutions of Zhejiang Province personnel test rules", will be their retirement age to 55 years of age.
    Huzhou City, a business unit of Xu Fei, Gao Xiaohua, Wang Jianping, Zhang Huiying four people, with high, intermediate title, 50 year old retired to the National Women's Federation complaints and legal aid. At present they have filed an arbitration personnel, the result is still unknown......
    The parties concerned 
    The provincial women's Federation concerned had the retirement age Zhao Lijia pointed out, the facts and the law and regulations are very clear, with 55 years of retirement standards.
    In August 11, 2006, Xu Fei of Huzhou, Gao Xiaohua visited the Ministry of personnel, Ministry of personnel in Zhejiang Province personnel departments petition materials to form clear: "such as the case, according to the cadre retirement."
    Peking University law school women's Law Center of Wang Zhuqing, Xu Weihua the two lawyers on Zhejiang Province female professionals early retirement problem that when, the provisions of the laws, policies have been clearly demonstrated, female professionals and institutions shall enjoy the treatment of retirement 55 weeks old, I hope the local arbitration commission and the courts consider to make a fair judgment.
    In the face of a series of disputes caused by the retirement age, the relevant legal experts have called for, the country should perfect relevant laws and regulations as soon as possible, to protect the legitimate rights and interests of women workers. Wang ZhuqingXu Weihua.   

    Case: legal retirement age of women workers explanation
    One, "the State Council on the placement of sick and elderly cadres Interim Measures" provisions of article fourth: female cadres to retire at the age of 55. According to the national Ministry of personnel interpretation, female cadres including female professionals.
    Two, the national Ministry of personnel "about the institution for personnel recruitment system views on wages and other issues (for Trial Implementation)" the provisions of article fifth: employed personnel according to the principle of the retainer post conditions prescribed by the state for retirement (retired); to be employed by the work post to the professional technical and management staff positions, in professional and technical posts or management jobs for over 10 years and in the retainer post retirement (retired), can apply for retirement by the retainer post and the requirements of the state (retired), and enjoy the corresponding retirement (retired) treatment.
    Three, the Ministry of personnel policies and regulations division on the "Interim Provisions" of cadre management employment enterprises owned by the whole people: the provisions as mentioned in the present provisions of appointment cadres from the state-owned enterprise workers (including contract workers) in recruiting cadre post office staff. This provision, defining the concept of appointment of cadres, the object and the scope of this article, the cadre posts, including management and professional and technical posts.
    Four, the labor department issued "on the implementation of 'notice third problems of the labor law of the people's Republic of China' opinion": the state organs, institutions, social organizations, to implement the labor contract system and according to the provisions of the labor contract system workers; the implementation of enterprise management institutions personnel; other labor relations through labor contracts with the state organs, institutions, social organizations of workers, for "labor law".
    Article seventy-fifth: the labor contract system employing units of all staff and workers, workers in the employer by the conversion before the original workers to the original cadre (Technology) post, or by the original cadre (Technology) post to the original positions, the retirement age and condition, according to the provisions of the post national execution.
    Five, the Supreme People's Court on Several Issues concerning people's court personnel dispute institutions between first: public institution and its staff resignation, dismissal and fulfill the contract dispute applicable labor law, "" the people's Republic of China processing.
    Six, the Supreme People's Court on the law applicable to a number of labor dispute cases (two) sixteenth: make the employer's internal regulations and collective contract or the content of the labor contract is inconsistent, request for workers first agreed in the contract, the people's court shall support.
    Seven, Hangzhou Municipal People's government "notice" several opinions on improving the professional and technical personnel of treatment eleventh: professional and technical personnel of non national cadre identity of the enterprises and units under ownership by the whole people in employment, ten years and retired in the employment post, eligible for retirement may refer to the national treatment of cadres management.
    Eight, the Hangzhou Municipal Personnel Bureau ([1999]93 document) first: men over 60 years of age, women over 50 years of age the original status of workers staff, implement overall employment contract of hired continuous working in management positions or professional technical position is full 10 years, and retired in management positions or professional technical position, can be enjoy the treatment of cadres.
    (author: Wang ZhuqingXu WeihuaThe lawyer women's Law Center of Peking University law school)