Research On The Recognition Of Labor Relations When Reaching The Statutory Retirement Age

Along with unceasing enhancement of economic development and material life,there are more and more laborers beyond the statutory retirement age still working on the job.Due to their age,their treatment is different from those not reaching the statutory retirement age in many aspects in the actual work.In the judicial practice,many courts recognize the relations between the laborers reaching the statutory retirement age and the employing unit as the labor relations.The four cases enumerated from different areas in this thesis are selected from the effective legal documents,involving the disputes between the laborers who reach the statutory retirement age but fail to enjoy the endowment insurance treatment and the employing unit,which requires the recognition on the employment relationship between the two parties.However,there are two completely different judgments in the four cases,the main reasons for which is the disunity in the understanding on the relevant legal regulations by different judicial organs,resulting in their choosing different legal regulations as the judicial basis.Therefore there appear completely different judgment results in the similar cases,which form the factual injustice and further affect the judicial authority.Apart from introduction and conclusion,this thesis is composed of three parts.Part One introduces the cases and focuses.In briefing the case,this part narrates the main facts of the four cases and the legal analysis and judgment results by the courts on the principle of respecting the original judgments.The four cases include the Dispute on Economic Compensation between Luo Mouhui and Chongqing Maohan Company,the Dispute on the Recognition of Labor Relations between Wang Mouchun and Shandong Luyuan Company,the Case on Refusal to Accept the Administrative Decision by Tang Mouan in Guangzhou Yijing Company by Guangzhou Panyu Distrcit Human Resources and Social Security and the Labor Dispute between Sun Mousheng and Zhengzhou Xinxicheng Company.This part makes analysis on the judgment reasons and results of the four cases and then extracts the focuses of the similar cases.Part Two elaborates the theory interpretations and article analysis.The former includes the theory analysis on the laborer and the labor relations.The theory analysis on the laborers mainly includes the definitions on the laborers in the common law system,in the civil law system and in China.The analysis on the labor relations mainly includes the theories on labor relations and the comparison between the labor relations and the service relations.This part focuses on the recognition standards for the identity of the laborers,that is,the essential standards for the recognition of the laborer subject qualification include the personality dependency and economic dependency.The relation between the laborers and the employing unit belongs to the labor relation if in conformity with the features of personality dependency and economic dependency,otherwise,the relation does not belong to the labor relation but other legal relationships.The article analysis is the focus of this part.Since this thesis researches the recognition of labor relations when reaching the statutory retirement age,the article analysis includes the analysis on the relevant regulations on reaching the statutory retirement age and the endowment insurance treatment,on the relevant regulations on the termination of labor relations and on the relevant regulations on the recognition of occupational injury when reaching the statutory retirement age.Relevant regulations on the two former aspects are the applicable legal regulations directly selected by the judicial organs in the practice,which are the fundamental reasons for the same cases with different judgments.This part makes detailed analysis on Article 21 in the Regulation on the Implementation of the Employment Contract Law of the People's Republic of China,which constitutes the source of all disputes.Part Three elaborates the conclusions and relevant suggestions.Through the analysis in Part Two,this part concludes that the laborers' labor relations with the employing unit do not necessarily terminate when the laborers reach the statutory retirement age and the labor relations remain valid between the laborers who reach the statutory retirement age but fail to enjoy the endowment insurance treatment and the employing unit.In the meanwhile,this part proposes specific suggestions from the perspective of theory research,legislation improvement and judicial improvement.In the theory research,it is required to emphasize the personality dependency and economic dependency,put the economic dependency and personality dependency equally important position and in the meanwhile stress the enhancement in economic dependency.The legislation improvement includes clarifying the concept of the laborers in the article,modify Article 21 in the Regulation on the Implementation of the Employment Contract Law of the People's Republic of China and add the external form of the labor relations.The suggestions in judicial improvement include the judicial interpretations by the Supreme People's Court of the People's Republic of China as soon as possible and unification of the understanding by the judicial organs in different areas.