The Research On Legal Issues In Retirement Re-hire Relationship

With the rapid economic development and improving of the health of people, employment forms are more and more diversified, a new type of labor relations retirement has been the research focus. With the aging of the population increase, the problems of the elderly can’t keep from talking about, one of the problem is the elderly retirement. Retirement is that employers to hire those who reach the age of retirement of older workers to return to work. After" Labor contract law", the employing unit inclined to hire retirees to avoid labor costs problems, At the same time, retired personnel active in all positions in society with condition of body health and experience advantage. This led to retirees and not idle, retirement without rest phenomenon.Due to the lack of legislation and the employer responsibility, in the process of retirement, retiree benefits are usually can not get effective protection. This will not only not conducive to China’s social protection to the labor force resources, is not conducive to the promotion of the development of retirees. Legal problems in the relationship between retirement has gradually become one of the hot issues for related research scholars at home and abroad.This paper based on the typical case of retirement controversial as the breakthrough point, analysis of problems in the trial of cases of retirement and typical form, and strive to conclude the main points of controversy retirement. Based on defining the retirement related legal concepts and the research on the boundary of the characteristics, analysis of retirement relations, to analysis the relationship between retirement issues in law application. Finally, this article from the labor relations and labor legal relations perspective, deficiencies in the system of retirement relationship in law application problems, and gives countermeasures and suggestions of perfecting the retirement system of our country.