Research On The Legal Issue Of Post-retirement Employment

Nowadays, the whole world is facing a prominent social problem: the aging of the population. The arrival of the aging society makes the associated with the problems of old people, especially the problem of post-retirement employment has become an issue of public concern. According to the United Nations standard, 60 years old of above an area reached 10% of the total population or 65 years old accounted for 7% of the total population, namely the region as entered the aging society. The new China’s National Bureau of statistics data show that by the end of 2013 China’s total population is 1,360,720,000, 65 years of age and above population is 131,990,000 people, the aging rate of 9.7%(2003:7.4%), shows that China’s population aging problem has been quite serious. The post-retirement employment as a typical representative of new period employment forms, widely used in the fields of social production. With the development of economy and society, the medical level’s enhancement, the life of the aged has been extended, and with some traditional concepts change, according to the survey half of elderly are willing to continue to work after retirement post-retirement employment developed aged talents, and meet the need of person’s unit, but also deal with a dose of medicine the problem of aging population. But the current labor legislation in our country only for workers in the statutory age for employment, has no specific provisions about retirement again of obtain employment, practice about retirement again of obtain employment, labor relations, industrial injury insurance, labor standards, right relief and so there is a big problem, is not conducive to the protection of labor rights and interests of workers re employment of retired. A pressing matter of the moment is to post-retirement employment to regulate, security and retirement again obtain employment personnel’s rights and interests.This paper discusses the four parts of the post-retirement employment legal issues. First of all, on post-retirement employment basic theory are introduced, the definition of post-retirement employment meaning, analyzes the types of retirement again of obtain employment,points out that the legal nature of the controversial post-retirement employment, expounds the retirement again obtain employment effect; secondly, the introduction of foreign about post-retirement employment relevant legal provisions, the relevant provisions of USA are enumerated, Britain, Japan, in order to find out the common is evaluated; the second is to our post-retirement employment legal status and existing problems of current situation analysis, some of the provisions of the law according to the time of carding, analysis of China’s current post-retirement employment in four aspects, namely, labor relations identified properly, not to enjoy treatment of injury insurance, labor standards of injustice, the relief way is single; the last is to perfect our post-retirement employment law, mainly from the point of view of the above questions, in the employment relationship, employment injury insurance, labor standard and relief of the right to put forward the corresponding suggestion. I hope that theses suggestions would protect post-retirement employment personnel labor rights better, and promote the harmonious development of labor relations.