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What contract did the non-retired employees sign?
Legal subjectivity:

When a retiree is re-employed to sign a labor contract, the parties may conclude the contract by offer, acceptance or other means, or by referring to the model text of the labor contract. If the parties conclude the contract in the form of a contract, the contract will be established when all the parties sign, seal or fingerprint it. Legal objectivity:

Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Labor Dispute Cases (I) Article 32 If an employer brings a lawsuit against its employees who have enjoyed pension insurance benefits or received pension according to law, the people's court shall handle it according to labour relation. The people's court shall handle the case according to the labor relations if the employees of an enterprise who leave their jobs without pay, the retired employees who have not reached the statutory retirement age, the laid-off workers who are waiting for their posts, and the employees who have stopped production and taken long holidays in business operations bring a lawsuit because of employment disputes with new employers. "Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System" Article 13 When retirees who have enjoyed the pension insurance benefits are re-employed, the employer shall sign a written agreement with them to clarify the rights and obligations such as work content, remuneration, medical care and labor insurance benefits during the employment period.