The Research On The Legal Nature And Adjustment Mechanism Of Overage Employment

With the continuous development of Chinese economy and society, the aging of population is becoming more and more protruding. The extension of life expectancy and the increase pressure of endowment make more and more people who have past the retirement age go back to work, so that the recent overage employment has become a common phenomenon. But due to the lack of corresponding laws of overage employment protection in China, the rights and interests of overage employee are often not protectedFirst of all, the first part of the paper introduces the concept of overage employment and why choose the term "overage employment", and then discusses the meaning of overage employment from different angles.Secondly, the second part analyzes the existing ideas about the legal nature of overage employment, and puts forward the point of view that overage employment belongs to the non-standard employment. Then this paper points out the problems in the process of overage employment.Again, the third part examines the Korea, Japan, Singapore, the United States and other developed countries about the overage employment legislation and public policies.Finally, the forth part combs the existing views on adjustment mechanism of overage employment and analyzes the existing views. It puts forward that the protection of overage employment should be considered as a type of non-standard labor relations of labor law. On the basis of drawing lessons from foreign experience, this paper puts forward the specific adjustment on the overage employment.