"According to Article 21 of the 'Labor Contract Law Implementation Regulations,' when an employee reaches the statutory retirement age, the labor contract is terminated, so our decision to dismiss is reasonable and legal,"
Jiang Shubo said, looking at the materials in his hands.
Old Tang countered, "According to the 'Labor Contract Law,' when an employee is entitled to basic old-age insurance benefits according to law, the labor contract terminates."
"The 'Labor Contract Law' is devised by the National People's Congress Standing Committee, whereas the Implementation Regulations are merely administrative regulations formulated by the State Council, therefore, the Labor Contract Law should prevail over the Implementation Regulations in terms of effectiveness."
"However, because your company has never paid social security, our client has not been able to enjoy the basic old-age insurance benefits, hence their labor contract should not be terminated..."
