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主持人,你好:退休返聘人员上下班路遇车祸,不承担主要责任,能算工伤吗?易安网友易安网友,你好:2008年1月1日实施的《劳动合同法》第44条第二款规定,劳动者开始依法享受基本养老保险待遇的,劳动合同终止。2008年9月18日实施的《劳动合同法实施条例》第21条规定,劳动者达到法定退休年龄的,劳动合同终止。按照原劳动部及《劳动合同法》的规定,劳动者开始享受养老保险待遇,其与单位的劳动关系视为终止,
Host, hello: retired return to work on his way to a car accident, does not assume the primary responsibility, can be regarded as work-related injuries? Yi'an friends Yi'an friends, Hello: January 1, 2008 Implementation of the “Labor Contract Law” 44th Article II of the provisions of the workers began to enjoy the basic pension insurance benefits, the termination of the labor contract. Article 21 of the Regulations for the Implementation of the Labor Contract Law implemented on September 18, 2008 stipulates that when a worker reaches the statutory retirement age, the labor contract shall be terminated. In accordance with the provisions of the former Ministry of Labor and the “Labor Contract Law”, workers began to enjoy the pension insurance benefits and their employment relationship with the unit was deemed terminated.