Study On The Legal Issues Of Retirement And Re-employment

Nowadays,the whole world is facing a serious social problem: population aging.In China,the arrival of an aging population society especially the re-employment of retired elderly people has gradually made issues related to the elderly became the object of public concern.The Survey Report on the Living Conditions of the Elderly in Urban and Rural Areas of China issued by China Aging Science Research Center in Beijing shows that the working population of the elderly over 60 years of age is increasing gradually.Detailed data indicate that compared with 1990,the number of the elderly over 60 who are still glowing and feverish in their jobs has increased by more than 30 million,and the increase in the re-employment rate of the elderly in China has further confirmed Difficult Chinese-style pension problem still increase.which also means that China's aging problem has been very serious.Retirement and reemployment,as a typical form of employment in the new era,has been widely used in various fields of social production.Domestic scholars mainly have the following arguments on the employment relationship of retirement and reemployment: "the theory of labor service relations","the theory of labor relations","the theory of illegal employment","the theory of linking social security benefits" and "the theory of special labor relations".Retirement and reemployment is not only a good remedy to deal with the serious aging of China's population,but also a good way to make the elderly continue to glow and fever and improve their personal well-being index.However,China has not yet formulated a complete legal regulation on retirement and reemployment.Only a few legal provisions have relevant provisions on it.China's Labor Law for the legal age.The rights and obligations of staff members are quite clear,but the provisions on retirement and reemployment beyond the age of workers of the right age are very scarce.There are no clear provisions on the legal relationship between retirement and reemployment,the attributes of the main body of retirement and reemployment,and the rights and obligations of retired and reemployed personnel.The urgent task at present is to increase retirement and reemployment.The rights and interests of retired and re-employed personnel should be clearly guaranteed by standardization.At present,the current legislation has not yetgiven a fairly clear legal norm to this special employment group.In practice,there are many different opinions on the legal status,the attributes of employment relationship and the application of law of the retired and re-employed personnel.At the same time,it also directly affects the realization of the rights and the fulfillment of the obligations of the retired and re-employed personnel.