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经济补偿金制度是我国劳动法中的特色规定,体现了我国对劳动者的倾斜保护原则。《劳动合同法》扩大了用人单位给予劳动者经济补偿金的情形,增加了劳动合同终止时要支付经济补偿金的规定。劳动者达到退休年龄并不意味着劳动能力的丧失,其劳动权利享有与否,还需与劳动者是否享受养老保险待遇结合考虑。用人单位以“假退休人员”达到退休年龄为由终止劳动合同的,应当支付经济补偿金。
The system of economic compensation is the special stipulation in the labor law of our country, which reflects the principle of tilt protection of laborers in our country. The Labor Contract Law expanded the economic compensation paid to employers by employers and added the requirement of paying economic compensation when the labor contract was terminated. To reach the retirement age does not mean that workers lose their ability to work, whether their labor rights are enjoyed or not, and whether workers should enjoy pension benefits. If the employer terminates the labor contract on the grounds that “false retiree ” reaches the retirement age, he shall pay the economic compensation.