| Under the social background of the emerging economic models and the sharp increase of social aging pressure in China,the employment of over-age workers has gradually developed into an emerging form of social labor,which has been widely used in the current field of work and life.However,this new form of social labor employment did not get a clear regulation in the legislative level,which were not adapted to this trend.The nature of the overage laborer employment is in huge dispute,no matter in theory or in practice.In judicial practice,the phenomenon of similar cases with different sentences and damaging the overage workers’ employment rights also happen from time to time.Therefore,it is necessary and urgent to study the protection of over-age workers’ employment rights and construct the rights protection system of this special group.This paper first defines the basic theory of overage workers’ employment rights protection,and emphasizes the importance of the nature of overage workers’ employment to the protection of overage workers’ employment rights.Beyond that,it introduces the five theories on the legal nature of overage workers’ employment.Secondly,based on the present condition of the older workers employment rights protection in China,and the analysis of existing problems in the protection of rights,through a large number of overage summarizes the laborer labor dispute judicial decisions,think over age workers mainly face not claim equal pay,illegal deprivation of endowment insurance treatment,difficult to enjoy treatment of inductrial injury insurance,the lack of employment regulation law program and a series of difficulties;Again,the three countries of the United States,Britain and Japan on the overage laborer employment rights protection general provisions,and the United States,Britain,Japan,the three overage laborer employment rights protection regulations for the evaluation,must have its clear legislation,flexibility of pension system,intermediary and management agencies,standardize the procedures of employment law,and hope the model for older workers employment rights protection in China.Finally,in the nature of the overage laborer employment as a "special" labor relations,proposed the balance and some Suggestions to perfect the overage laborer employment rights,including establishing labor standards special protection mechanism,especially the indiscriminate equal pay for equal work,special for economic compensation,special protection of the work,rest and vacation,innovation mode;Trial implementation of the endowment insurance system with time limit and the payment ratio of special work-related injury insurance;We will standardize the legal procedures for employment of overage workers and clarify their legal responsibilities for violating employment procedures.In a word,this paper tries to construct a right protection system for overage workers in China,so that the special group of overage workers can get more attention and their legal rights can be fully protected. |
