Research On The Protection Of Reemployment Rights Of Retirees

The Supreme People's Court promulgated the judicial interpretation in 2010,stipulating that retirees who enjoy the benefits of pension insurance form labor relations with employers.The identification of the legal relationship of reemployment of retired employees is directly related to the protection of the right to re-employment of retirees.The judicial interpretation of the Supreme People's Court directly excludes retirees who are entitled to pension insurance from the scope of labor law.Reemployment of retirees is at a disadvantage in terms of labor standards,pension insurance,work injury insurance,and rights relief.China needs to re-identify the legal relationship of reemployment of retirees to achieve reasonable protection of the right to re-employment of retirees.Based on this,this paper mainly demonstrates from the following perspectives.The second chapter mainly introduces the basic theory of the protection of reemployment rights of retirees,which is divided into three parts.The first part mainly introduces the concept and characteristics of retirees re-employment;the second part introduces the three theories of retirees re-employment legal relationship:labor relations theory,labor relations theory,special labor relationship theory,the author agrees with special labor relations theory,special labor Relationship means that the laborer and the employer form a legal relationship between the civil labor relationship and the standard labor relationship.The laborer is protected by labor law in working hours,minimum wage,and labor protection;the third part is the right to retirement.And the pension insurance right,the author analyzes the nature of retirement,thinks that retirement is a right,briefly introduces the legal status and development history of pension insurance rights,and the relationship between retirement rights and pension insurance rights is the legal retirement age,due to China's labor law,retirement The contradiction between the system and the pension insurance system,reemployment of retirees is excluded from the scope of labor law adjustment.The third chapter mainly introduces the legislative status and problems of the protection of reemployment rights of retirees,which are mainly divided into two parts.The first part is the legislative status of retirees' re-employment rights protection.It is divided into national legislation and local legislation.The national legislation mainly introduces the domestic laws and regulations on re-employment of retirees since the1980 s.Local legislation mainly introduces places for retirement.The three provisions of the legal relationship of reemployment of personnel;the second part is the legislative issue of the protection of reemployment rights of retirees,and the judicial interpretation identifies the reemployment of retirees as labor relations.Under this premise,the reemployment rights of retirees are protected in labor.There are problems with benchmarks,pension insurance,work injury insurance,and rights relief.The fourth chapter is related to foreign legislation and its enlightenment,which is mainly divided into two parts.The first part is the relevant legislation in foreign countries.The author introduces the relevant legislations of the United States,the United Kingdom,and Japan.The second part is the enlightenment of relevant foreign legislation.It is mainly to formulate sound laws and stipulate corresponding benchmarks.Retirees can choose to receive pensions.The time of insurance premiums will include retirees in the scope of work-related injury insurance,which are worth learning from.The fifth chapter is the legislative proposal to improve the reemployment of retirees,which is mainly divided into two parts.The first part is the legislative proposal for the legal relationship of reemployment and reemployment;the second part is the establishment of legislation on specific rights.In order to realize the reasonable protection of the re-employment rights of retirees,China needs to clarify the re-employment of retirees as a special labor relationship.On this basis,establish a retirees re-employment labor benchmark protection mechanism,and provide pension benefits for retirees to re-employment.Retirement reemployment of work-related injury insurance benefits,improve the rights and remedies for retirees re-employment,and reasonably protect the right of retirees to re-employment.