Research On Labor Rights Protection Of Post-retirement Employment Personnel In China

This paper conducts an in-depth study on labor rights protection of post-retirement employment personnel in China,which is divided into three chapters:The first chapter discusses the theoretical problems of labor rights protection of post-retirement employment personnel.First,clearing the concept and types of post-retirement employment;Secondly,introducing and commenting five kinds of relationship theory on post-retirement employment,at the same time based on subordination of essential difference between service relations and labor relations and particularity of post-retirement employment relations,post-retirement employment relations should be recognized as special labor relations.Finally,in consideration of needs of replying population aging problems,promoting benign development of post-retirement employment relations and satisfying demands of post-retirement employment personnel to survive and develop and jurisprudential arguments of value concept of labor rights about development,legislation value orientations of labor law about tilt protection and benefit balance and meanings of retirement age,it's necessary and reasonable to protect labor rights of post-retirement employment personnel.The second chapter discusses the status quo of labor rights protection of post-retirement employment personnel in China.First of all,with the study of our country's legal regulation on post-retirement employment,it is found that there are some problems,such as the low level of effectiveness,the narrow content,the lack of integrity and systematicness and so on.Secondly,the statistical data of related cases about post-retirement employment in a certain period reflects that "similar cases,different judgments" is widespread in China's juridical practice,and lawful rights of post-retirement employment personnel can't get effective remedy.Finally,summed up that labor rights protection of post-retirement employment personnel in China have three problems:applying existing employment relation rules directly,taking the processing model of service relations as the mainstream and overlooking the coordination of social insurance rights and interests.The third chapter discusses the construction of China's labor rights security system for post-retirement employment personnel.Firstly,making clear that tilt protection and benefit balance is the basic idea,and entity rules should run in parallel with procedural rules.Secondly,the specific security scheme points out to acknowledge post-retirement employment personnel as labors so that they can establish labor relations with employers;on this basis,making reasonable designations and adjustments on labor standards protection,dissolution and termination of contracts,old-age insurance benefits and industrial injury insurance benefits.