| The fast-growing economy and the aging population of our country shifted the country's workforce towards older workers in the past decades.Many retired people return to work place again in response to the greater demand in the labour market for skilled and professional workers.Recruiting the retired people has become a new form of employment.This trend of employment after retirement eases the pressure of aging society and also the shortage of labour force in the market.Therefore,our country issued "The Protection of Old People's Rights in Succession and the Development of Chinese Aging of the Eleventh Five-year Plan(2006 ~ 2010)",in order to encourage the elderly,who still has the ability to work,to engage in the work which is consistent to the elderly's health,hobbies,and abilities,such as the professional development and knowledge conveying,consulting services,partici pating in maintaining social order,helping in solving civil disputes,etc.Therefore they can utilize their experiences in various professional fields and make the most of their lives.However,although the reemployment has become a new trend,people's labor rights and interests of security has not yet been clearly regulated nor effectively guaranteed.There is no complete and systematic legislation on the protection of labor rights of retired and reemployed workers.Their labor rights are infringed and cannot be obtained.Therefore,There are still agues between practical and theoretical approaching on whether the legislation of these right protection needs to be particularly establish and further improved as neither as with lack of the theoretical basis.According to our country promulgated by the supreme people's court on the trial of labor dispute cases(3)the seventh article stipulates that,"the people's court shall deal with the people's court in accordance with the labor relations,and the people's court shall bring a lawsuit to the people's court." Compared with legislation,the above judicial interpretation has policy and emergency nature,and can not fundamentally protect the legal rights of retired re employed persons.Apart from the above problems,there are still some defects in the protection of labor rights and interests of retired re employed persons,such as the relative blank of legislation,inadequate protection and lack of relief.In the scope of the application of labor legislation,the provisions of our country are not accurate,the criteria are relatively monotonous,and there are also obvious shortcomings in the adjustment of the diversified labor market,which makes the labor rights and interests can not be effectively protected,and it is imminent to carry on deep and systematic exploration.The protection of the rights and interests of retired reemployed people is a global problem.The countries such as Britain,the United States and Japan are more mature in the system of the protection of the rights and interests of the retired reemployment labor.Therefore,we can draw on the advanced experience and legal system abroad,and build a legal system with the situation and the social trend of our country.The labor rights and interests of retired re employed personnel are better protected.Establishing a complete legal system of labour security to protect employees' rights and benefits need to clarify the legal status of the retired re-employment personnel.This special workforce should be included in the Labour Law in order to determine their identities of labour in the law.Also,there are several jobs to be done to achieve a completely sophisticated protection system,such as to improve the right of equal pay for the retired reemployment personnel,to modify the existing labour law in the light of the particularity of the retired reemployment personnel,to set up the provisions on equal pay for equal pay for retired workers,to determine the social security right of retired reemployment personnel,to improve the relevant provisions of the two major systems of retirement and social insurance,and to further classify the contents of social insurance disputes in the social insurance law.We will improve the relief mechanism for workers' labor rights and benefits,and establish a multi-level system of labor rights relief,such as various forms of relief,rich remedies and comprehensive relief procedures. |
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