The Protection Of The Rights And Interests Of The Re-employment Of Overage Workers

With the continuous development of society and science and technology,the average life of mankind is also constantly extended,accompanied by the by-products are also produced.One of the most important cases is the intensification of the aging population,and therefore,more and more overdue workers are still in the work.However,the current legislation does not regulate this particular group,especially on the question of how the legal relationship of employment between the over-age and the employer should be qualitative.However,due to the current provisions of the labor laws and regulations of the lack of reasons,making the current protection of such workers also appeared in the "case of different judgments" situation.This situation is clearly not conducive to the protection of such workers,but also damage the authority of the law.The main content of this paper is divided into three parts.The first part is the case through the case of the article,that is,the definition of employment relationship between the over-age laborers and the employing units and whether such workers can be identified as work-related injuries through legal means when they are injured at work due to work reasons Related rights and interests to protect the problem.The second part is about the relationship between the over-age laborers and the employing units.Through the several theories of the mainstream of the academic circles,the disadvantages of the doctrine are expounded,and then their own views are expounded and classified by classification.It is classified according to whether or not the over-age laborers enjoy the standard of old-age insurance treatment.In the determination of the labor relationship between the laborer and the employing unit,the illegal labor relationship,the standard labor relationship and the special labor relationship.The third part is about the over-age workers because of injury can be identified as the work injury,through the analysis of the current situation,put forward the problems and suggestions,the classification of over-age workers into the industrial injury insurance system,Identify and improve the relevant provisions,aimed at the protection of its work rights and interests.