Research On Overage Workers Industrial Injury

Under the background of population aging and economic transformation and development into deep water areas and tackling areas,China's labor market structure has undergone major changes,population life expectancy has prolonged,and overage employment has become more and more common.As a result,work-related injury identification disputes have emerged in an endless stream.China's Regulations on Industrial Injury Insurance clearly stipulate that the determination of industrial injury is conditioned on the existence of labor relations.As Article 7 of the Interpretation(3)of the Supreme People's Court on Several Questions Concerning the Application of Law in the Trial of Labor Dispute Cases(hereinafter referred to as Interpretation(3))clearly stipulates that the nature of employment relations among overage workers who enjoy pension benefits or receive retirement pensions is labor service relations,so In practice,there is little controversy about this kind of group's work-related injuries.The most controversial issue is whether those overage workers who do not enjoy the pension insurance treatment can be identified as work-related injuries.Therefore,it is of great practical significance to conduct in-depth discussion on the identification of work-related injuries of overage workers who do not enjoy the pension insurance treatment and find a reasonable solution.In practice,the decision of the Human Resources and Social Security Bureau of the administrative organ with the responsibility of determining industrial injury is different.Overage workers or employers refuse to accept the decision of the Social Security Bureau and bring a lawsuit to the court.The phenomenon of different judgments in the same case is prominent.Through combing the relevant cases,it is found that the main disputes about the identification of industrial injury of overage workers are whether the overage workers belong to the China's Regulations on Industrial Injury Insurance or not,and the disputes about the nature of the legal relationship between overage workers and employers are big.The inconsistency between Article 21 of the Regulations on the Implementation of the Labor Contract Law and Article 44,Item 2 of the Labor Contract Law,and the limitation of Article 7 of Interpretation(3)are the main reasons for the disputes.At the same time,there is no uniform regulation on whether overage workers can be identified and enjoyed work-related injuries.Local legislation is different.Existing in the practice court to cancel the people club bureau to older workers will notbe accepted or industrial injury situation decision,namely on the group's industrial injury problems exist the conflict between judicial and administrative,needs to explore the related relief way solve overage laborer because Labour gets hurt legitimate rights and interests protection and the balance between the interests of unit of choose and employ persons.First of all,it is necessary to clarify the nature of the legal relationship between the over-age workers who do not enjoy the pension benefits and the employing units,and to recognize the particularity of this group.Secondly,by improving the level of legislation,amend and improve the provisions of article 21 of the regulations on the implementation of the labor contract law,unify the applicable standards of laws,and decouple the standard labor relationship from the identification of industrial injury;Again,explicitly incorporate the overage laborer inductrial injury is sure to plan as a whole,at the same time,increasing the number of unit of choose and employ persons is the legal obligation of overage laborer inductrial injury insurance,dispersion of inductrial injury risk,guarantee not enjoy endowment insurance treatment over age workers can receive timely aid because Labour gets hurt,makes our country further "byelaw of inductrial injury insurance" function,to keep pace with The Times.