Research On The Industrial Injury To Post-retirement Employment Personnel

The proportion of the population of over60years more than10%for the first time in2000, according to the international standard, our country entered the aging society formally.With the rapid expansion of retirees, post-retirement employment personnel gradually becometo be reckoned with a new subject of services provided by in society. The relevant rightsespecially the industrial injury problems of post-retirement employment personnel havebecome the focus of this subject and social people from all walks. Industrial injury problemsof post-retirement employment personnel are actually the identity of the laborer problems,namely whether it belongs to the labor law in the sense of laborers, and employer between thequestions of whether or not to constitute a labor relationship.The Paper is divided into five chapters:The first part is about the detailed introduction and disputed point of the case.The second part, paper analyses the obstacles of post-retirement employment personnelinjuries and cognizance labor relations is the main obstacle for determination of industrialinjury. Based on the comparison of industrial injury insurance coverage at home and abroad,combined with China’s specific national conditions and development situation of industrialinjury insurance, from the aspects of theory, practical and system operation three arguments atthis stage to expound the rationality of industrial injury on the premise of labor relations.The third part, the paper analyzes the relationship between li and the mechanical andelectrical company and refines the opinions of the parties. Then it further clarifies thedifference between labor relations and service relations.The fourth part, it is the main content of the paper, mainly through redefine the subject oflabor to achieve the flexibility of the labor relationship adjustment. First of all, the paperintroduces the status quo and shortage of labor relations in our country at present. Then, fromthe perspective of the subject of labor relations, through the laborer qualifications, age, thelegislative purpose of labor law and safeguard the right to development, this paper analyzesthe eligibility labor identity of post-retirement employment laborers. Finally, combining withthe subordination of labor relations standard, demonstrates the post-retirement employmentpersonnel and employer to form a labor relationship, and provides reasonable premise forindustrial injury. The fifth part, it is the legal thinking of the industrial injury of post-retirementemployment personnel. Firstly, the paper demonstrates the necessity of industrial injuryinsurance to post-retirement employment personnel. Then it demonstrates the institutionalstrengths. Finally, the paper expounds the industrial injury insurance to post-retirementemployment personnel facing the Problems and solutions.