On The Conflict Of Laws In Over-age Employment And Its Solutions

The over-age employment phenomenon is becoming more and more common with the improvement of the national health level and the development of the social economy.However,when the law regulates over-age employment,there are some problems.There are legal laws and regulations and other relevant legal documents in our country.Conflicts,in particular,exist not only at the legislative level,but also at the judicial level.Due to the existence of these legal conflicts,other social conflicts also follow.The more typical conflicts include “different sentences in the same case” and some specific Labor disputes(such as how to deal with work injuries when overage employees work).Regarding over-age employment,there is a conflict between legislation at the national level and legislation at the local level,which leads to problems in the application of the corresponding laws.These problems are urgently needed to be solved.In fact,the above problems have already begun to be solved by applying the concept of “whether or not they have begun to enjoy the benefits of pension insurance,to determine whether it constitutes a labor legal relationship,and then to further resolve the specific disputes of the case”,but there are still some deficiencies,which are only alleviated.If we want to truly resolve the contradictions in legislation governing over-age employment,we must further explore the relevant systems behind the legal provisions governing over-age employment.The article innovatively explores the institutional structure behind the over-age employment and puts forward suggestions for improvement.The general direction is: For different types of over-age employment,different types of solutions are applicable.For labor that has not yet begun to enjoy basic pension insurance benefits Those who apply the flexible retirement system can negotiate with the employer after they reach the legal minimum retirement age,choose to retire or re-sign a new fixed-term labor contract.If the laborer chooses to go through the retirement process,then it begins.Enjoy pension insurance benefits;for laborers who have already begun to enjoy endowment insurance benefits,they need to coordinate their newly established labor relations with employers and their social security relationships.At this time,employers should report to the local social security department and suspend the distribution of such insurance.The basic old-age pension for workers,but other types of social security benefits remain unchanged.Through the adjustment of the retirement system and the issue of coordination with the social security system,the issue of legislative conflict is resolved.Because the over-age employment related legislation is based on the above two systems,the problems existing in the system are clarified and the legislative issues have also been resolved.Finally,from the perspective of the legislative ideology,we analyze the coordination between labor relations and social security relations in China.At present,our thinking is confined to pension insurance and labor remuneration can only receive one,because the purpose of pension insurance is to replace labor remuneration.To maintain the life of laborers,this line of thinking can no longer meet the requirements of modern society.Therefore,this paper tries to build a new model of coordinating the coexistence of labor relations and social security relations in China.It refers to foreign experience and divides pension insurance benefits into two parts.When workers meet the conditions for receiving basic pensioninsurance benefits,they can begin to enjoy basic The old-age insurance benefits,at this time the labor legal relationship is not affected,laborers continue to maintain labor relations with employers,subject to labor laws and regulations,when the laborer ends this labor relationship,they can enjoy the remaining pension insurance treatment.Through such a system design,the current status of China’s pension insurance relationship and labor relations is not "sharing the sky",which will help improve people’s quality of life and promote social and economic development.