Research On Legal Regulation Of Retirement And Re-employment

With the acceleration of population aging, maintain the sustainable development of labor resources and make up for the pension fund gap is, the problems to be settled urgently whether delay the legal and emeritus age, or encourage retired again obtain employment, in the short term it is difficult to have the result. Retired again obtain employment is not a new social phenomenon,should this part of the group for special protection, protection to what degree, is to face the problem. Retired by the labor law of the people who do the re-employment of adjustment is the key to solve the problem of retired again obtain employment.This article from retired re-employment labor qualification of legal analysis and retired re-employment two aspects to study the legal nature of labor relations.First of all, from the retired re-employment labor qualification of legal analysis,through the analysis of the jurisprudence retired re-employment laborer qualification, judicial predicament, from our country laborer define evaluation,clear concept, workers retired re-employment personnel identification standard of retirement to reflect on the re-employment laborer qualification. Secondly,from the legal nature of retired re-employment labor relations is analyzed,through the theoretical analysis and the judicial interpretation two angles, the retired re-employment in labor relations labor relations relative, absolute labor relations, social insurance said standard for interpretation, so as to put forward the retirement re-employment labor relations as the idea of a special labor relation, so as to adjust labor relations "flexibility". Again, from retirement again obtain employment personnel, the necessity of the connotation of equal right to employment, the right to equal pay for equal work, occupational safety and health, right of endowment insurance four aspects to protect the rights and interests of retired re-employment personnel in China. Finally, from the modification labor law, to retired workers in the employment qualifications,especially in the equal right to employment, the right to equal pay for equal work,occupational safety and health and pension rights, put forward the perfect ourcountry retirement again obtain employment protection of the rights and interests of labourers legal advice.