Study On The Legal Issues Of Overage Workers' Employment Relations

The identification of the employment relationship of over-age workers is controversial in the theoretical circle,leading to different judgments in many similar cases in judicial practice,resulting in chaos.The Interpretation of Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases(III)(hereinafter referred to as Judicial Interpretation 3)clearly stipulates that if over-age workers enjoy the pension insurance benefits,the employment relationship shall be handled according to the labor relationship at this time.It is not known how to define the employment relationship of over-age workers who do not enjoy pension insurance.The law does not have a clear regulation.Whether the employment relationship of over-age workers can be applied to the adjustment of the labor law depends on what kind of employment relationship is determined.At present,there are several different theories on the identification of the employment relationship of over-age workers.Some scholars agree with labor relations,some scholars agree with labor relations,and some scholars believe that they are treated according to special labor relations.Then,what kind of relationship should be defined between the employment relationship between over-age workers and employers? There are many practices in the practice of judicial trials.There are different standards for the termination of labor contracts in the relevant laws of labor law.After the statutory retirement age,the labor contract between the laborer and the employer must be terminated.It is worth pondering.The economic compensation problem caused by this also needs to be studied.analysis.The structure and main contents of the full text are as follows:The first part is the brief introduction of the case and the focus of the dispute.This paper mainly lists three labor disputes between laborers and employers who havereached retirement age,respectively,a labor dispute dispute between Chen and a cleaning company in Guangzhou;and a labor dispute dispute between Li and a property management limited liability company in Beijing.Case;Lu and a company labor dispute dispute case.By combing the three cases,we summed up the corresponding focus issues.The second part is the legal analysis.First of all,analyzing the current state of legislation,we can see that China has a negative attitude towards the adjustment of labor laws by over-age workers,and detailed sorts out and interprets relevant legal provisions,and finds out the problems and the adverse effects and consequences.Therefore,the focus of this paper is raised(over-age workers should be included in the scope of labor law protection).Secondly,according to the relevant laws and regulations of China's "Labor Law",this paper analyzes and defines such employment relations from the basic theory of labor law and the identification of over-age labor relations.Finally,based on the above analysis,the labor rights that the over-age workers should enjoy are obtained.The third part is the research conclusions and suggestions for improvement.On the basis of detailed legal analysis,the conclusions of this paper are as follows: Over-age workers should be included in the adjustment scope of the labor law,and the employment relationship with the employer can be recognized as a special labor relationship,recognize its subject qualification,and allow it.Enjoy labor rights.According to the research conclusions,corresponding suggestions for improvement are put forward: China's law must clarify the subject qualifications and enjoyment of labor rights of over-age workers,and adjust the current retirement system to cover the over-age workers.