Senior sanitation worker layoffs spark debates
- By Li Jingrong
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E-mail China.org.cn, August 11, 2015
Around 30 sanitation workers over the age of 65 working in a community district of Xi'an, Shaanxi Province, were laid off recently because they were beyond the retirement as well as not being able to pay their pension insurance premiums, Chinese Business News reported.
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A number of sanitation workers aged over 65 working in a community district of Xi'an, Shaanxi Province, were laid off recently because they were past the retirement age as well as not being able to pay their pension insurance premiums. |
Verbal notice from the local community office
According to the newspaper, they received a verbal notice from the local community office on August 2, asking them to stop working starting from the next day. Many complained that losing the job would create a difficult living situation.
Ms. Wu, 68, and her husband had worked as sanitation workers along Qingfeng Road and Labor Road section in Xi'an for 19 years. On August 2, both of them got the news when they turned up for work as usual.
"We were told that we wouldn't have to come to work any more starting from the next day," said Ms. Wu, adding "I asked my boss to explain the reason, and he replied that he simply got the notice from the local community office saying we had already been laid off."
She and her husband had worked very hard for 19 years, so it was difficult for them to accept the fact, she said.
Ms. Fei, 66, felt the same. "My colleagues and I received a verbal notice from the authority that day, saying we should not report for work from the next day." All the laid-off workers were aged over 65, she added.
Despite getting the news of being laid off, many continued to work, including a 73-year-old man who said: "There are no newcomers to replace us yet, so we just continue to work."
A staff worker in the local community office was quoted as confirming the lay off plan for over-age sanitation workers, but he refused to give any further comment. Another staff member explained: "Nobody dares to hire those workers aged over 65. Who will take responsibility if there is an accident on such hot days?"
Official explanations from local authorities
An official from the Xi'an Municipal Human Resources and Social Security Bureau explained on August 7 that the city had issued a policy in August 2012, relating to sanitation workers' participation in the social security system. According to the policy, male workers aged below 60 and female workers below 55 could participate, but not those beyond these ages.
The official also explained that anyone who had not participated in the social security system could still receive basic level pension insurance from the local government - 100 yuan each month - that might be "a drop in a bucket" but was still better than nothing. "If they still face difficulties, they may go to the civil affairs department to ask for help," he added.
An official from the Xi'an Municipal Garden Bureau added that once they began participating in the social security scheme, sanitation workers would be able to enjoy the basic endowment insurance for urban employees and have a guaranteed income upon retirement at 55 (for women) or 60 (for men).
"Currently, there are more than 20,000 sanitation workers in Xi'an, but only some 4,000 of them can enjoy the policy. Of the rest, some gave up their participation in the system and some cannot participate because they already exceeded the age limit (60)," the official said.
"There are many difficulties in the employment of sanitation workers. Many are over-age, and their physical conditions dictate that they should not work in this profession any more," the official said. "At the same time, the city's authority feels embarrassed – letting the workers go means that they will lose an important financial source, but there will be more risks if they are not laid off."
A hot topic which has drawn attention from experts
The incident has triggered not only complaints from local sanitation workers, but also hot debates on the Internet.
Zhang Yunguang, a member of the China Law Society, said the state policy stipulates clearly that men can retire at 60 and women at 55.People who are still working beyond that age cannot be protected by the law if their labor relationship is unilaterally terminated by their employers.
Zhang said that any employer failing to complete social insurance formalities for their workers could normally face court proceedings or arbitration and be ordered to make up such formalities. However, this does not apply to cases involving over-age workers under the current policy.
Moreover, even if employers did make contributions for such individuals, the money would directly go into the social overall plan, and would not belong to individuals; therefore, neither a court nor an arbitration hearing would be able to order direct compensation.
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