Study On Labor Relationship Determination And Protection Of Rights And Interests Of Over-aged Laborers

Over-age workers are a new form of labor and labor disputes are increasing.However,the existing labor legal system does not explicitly regulate over-age workers,and its labor relationship identification and rights protection issues are highly controversial in practice,directly affecting the protection of labor rights of over-age workers.This paper attempts to analyze the reasons for the predicament of the labor relations of over-age workers in China,and based on the more mature relevant legislative experience of western developed countries,proposes new ideas to improve the labor relationship identification and rights protection of Chinese over-age workers.The full text have four chapters:The first chapter is the theoretical basis for the identification of labor relations of over-age workers.This chapter first analyzes the concept definition of over-age workers and their labor relations.Starting from the factors affecting the subject qualification of workers,it is pointed out that after the over-age workers reach the statutory retirement age,they are not without the qualification of laborers,but because of their age.There is a flaw in the qualifications of laborers and should be included in the scope of labor law adjustment.Secondly,it focuses on the academic arguments of the legal attributes of the employment relationship of over-age workers,and analyzes and evaluates them one by one.The second chapter is the analysis of the status quo and dilemma of the labor relationship identification of over-age workers in China.Firstly,through the analysis and comparison of the current legislative provisions,this chapter finds that the main contradiction of the current labor relations of over-age workers is that there are loopholes in the provisions of the law,and it is impossible to reasonably protect the rights and interests of over-age workers.Secondly,by collecting the referee documents of the provincial high courts and related normative documents,the authors sort out the current labor relations identification and distribution intervals of the over-age workers in judicial practice.Finally,it is pointed out that the cause of the current predicament is because the following problems exist in China's legal system: the labor relationship and labor law relationship are confused,the labor law is narrowly applied,the labor legal system is not inclined to protect,the disagreement on the retirement system is different,and the labor supply and demand The structural contradiction of the market.The fourth chapter is the idea of labor relationship identification and rights protection for over-age workers.Based on the theory of labor layered protection,this chapter explores the adjustment mode of protecting the rights and interests of over-age workers under the mandatory retirement system through the analysis of the current labor law system.Firstly,the qualifications of the labor relations subject of the over-age workers who are not entitled to the pension insurance benefits should be recognized and included in the scope of the labor law adjustment.Secondly,considering the age factors of the over-age workers,the relevant provisions of the Labor Law and the Social Security Law should be applied.Finally,the corresponding system design should be adjusted to establish a matching social insurance system to better protect the legitimate rights and interests of over-age workers.However,under the current compulsory retirement system,retirement is an obligation rather than a right for workers.To make retirement workers truly return to the essence of their rights,China should reform the retirement system and change compulsory retirement into voluntary retirement.Of course,the reform of the retirement system depends on the slow interaction between the social background and national policies.It is a very slow process.A large-scale leap-forward reform of the retirement system is too radical for China,and ultimately it is easy to counterproductive.Therefore,on improving the current system of post-age workers labor relations and rights protection issues identified,the system proposed vision for the future after the reform of the retirement system overage protection of labor rights,envisaged in the reform and mandatory retirement system for the voluntary retirement system,by expanding the adjustment range of labor law and the establishment of supporting social service agencies to protect the legitimate rights and interests of over-age workers.