Research On Legal Status Of Overage Reemployment Personnel

With the development of social economy,China's labor market gradually changes,and more and more overage people choose to work again,but our current labor legislation for this special group overage personnel again obtain employment after the legal status of the plan is not clear how the provisions of the fuzzy definition of the concept of laborers,and the lack of standards of labor relations led directly to the judicial practice for different overage again obtain employment personnelrs labor dispute processing,appear the phenomenon of "different connection with the sentence".One of the biggest controversies is whether the overage reemployment personnel have the qualification of laborers and the legal relationship of the employer after the re-employment of the over-age personnel.To this,this article lists the relevant provisions of the state and local legislation,detailed combing relevant overage again obtain employment personnel legal relationship of the main theories,through the analysis of the ability to work and equal rights of employment,as overage again obtain employment personnel can be incorporated into the laborer subject scope,through the analysis of labor relations and labor relations,on the basis of property characteristics that overage again obtain employment personnel constitute special Labour relationship with unit of choose and employ persons.At the same time,based on the clear over age again obtain employment personnel,on the basis of legal status,in order to further protect the legitimate rights and interests of their reemployment,put forward a clear definition and identification of laborer standards,adjust the scope of the labor standards law,strengthening employment training of the legal protection of the proposal.