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Research On The Protection Of Labor Rights And Interests Of Over-aged Workers

Posted on:2019-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:F LiFull Text:PDF
GTID:2416330572963071Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,China's labor market is moving towards diversified development.The demand of the market for various kinds of labor force increases,and the cost of enterprise labor increases accordingly.With the improvement of national living and health level and the change of population structure,many workers choose to continue to work after they exceed the retirement age,and the employers are willing to hire overage workers to reduce the labor cost.Because of the legal relationship between the two has been controversial,the judicial practice of different cases with different sentences.There are various doctrices in academic and practical circles,the nature of legal relations determines whether overage workers can be protected by labor laws.The answer made by the Supreme Court in 2010 ended the above disputes in theory and practice.By judging whether they enjoy retirement benefits or pensions as the qualitative demarcation of their employment relationship,the labor dispute between the employer and the employee that has already enjoyed the pension treatment of the employee should be handled by the court according to the labor relationship,and vice versa?Across the court in judicial practical identifies the endowment insurance also exist differences,some courts think only treatment of worker endowment insurance or pension over-aged between laborer and unit of choose and employ persons can be regarded as service relation,whereas for labor relations,some courts is that as long as over-age labor has enjoy endowment insurance treatment,both residents and farmers and treatment of worker endowment insurance,it shall be deemed to be service relation between the above two,and vice versa.As a result,different sentencesare bound to occur for the same kind of case.The author believes that only by clarifying the legal attribute of employment of over-aged workers from the legal level can we effectively solve the phenomenon of different judgements of the same case in judicial practice,and realize fairness and justice.Based on the analysis of the typical cases of overage workers,this paper finds that overage workers have the status of limited employment,low wages and poor working environment,etc.,as well as the phenomenon of different judgements of the same case in local courts in judicial practice.The current legal system in China does not include overage workers into the protection scope of the labor law.In addition,due to the weak litigation capacity and poor proof ability of overage workers,it is difficult to protect their rights.This paperusesthe relevant jurisprudence,sociology,the basic principle of economics,puts forward guarantee the legitimacy and necessity of overage laborer labor rights and interests,analyzes the overage laborer labor rights and interests legislation present situation and deficiencies and draw lessons from foreign successful experience and advanced system of the reform of,adjust measures to local conditions for our country overage laborer labor rights and interests protection system design put forward constructive opinions and Suggestions.
Keywords/Search Tags:Overage Laborers, Labor Relation, Legal Rights Protection, Endowment Insurance Benefit
PDF Full Text Request
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