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On Identification Of Labor Relations For Retirement Re-employment

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhaoFull Text:PDF
GTID:2416330611952704Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of the society,the improvement of medical services and the intensification of population aging,an increasingly more uniform form of employment,namely retirees' re-employment,has shown up in the labor market.Nevertheless,this isn't specified by existing Chinese labor legislations.In particular,these legislations don't stipulate how to define labor relations for retirement re-employment,whether the relations are labor relations or service relations,or both types of relations coexist.As a consequence,the practice fields have fallen into a dilemma regarding whether to adjust re-employment relations upon retirement by the labor law or the civil law.Meanwhile,Chinese scholars disagree with each other regarding if retirement re-employment constitutes labor relations or service relations.Scholars have demonstrated the relations to be “standard labor relations,service relations or special labor relations”.In 2010,the Supreme People's Court published the Interpretation(III)of the Supreme People's Court of Several Issues on the Application of Law in the Trial of Labor Dispute Cases,where Article 7 points out that retirement re-employment under which endowment insurance or pension(These two situations are collectively referred to enjoying social insurance benefits in the following passage)is granted is regarded as service relation.Although this article,to certain extent,solves puzzles of dispute-related laws,it is somewhat inappropriate and deserves deliberation.The significance of the research in this article is to clarify the issues related to the identification of labor relations in retirement and reemployment and to improve the irrationality in the existing regulations so as to solve the dilemma of different judgements in the same case.This paper is divided into four parts.In Part 1,theories for identifying labor relations for retirement re-employment are sorted out.First,this part focuses on defining retirement re-employment,and points out the type of retirement re-employment and introduces theories related to identification of labor relations for retirement re-employment in order to clarify the principal part of this article and its scope of application.Next,this part introduces the relevant theories on the identification of labor relations in retirement and reemployment,in order to set out the inconsistent views of theacademic circles on the key content of this article.At last,it demonstrates the roles of identifying labor relations for retirement re-employment.Part 2 describes and evaluates the identification of labor relations for retirement re-employment in Japan,United Kingdom and France.Part 3 analyzes the problems of the identification of labor relations in China's retirement and reemployment by summmarizing the legal basis of the three levels,that is,national level,local level and judicial interpretation.First,the relevant regulations at different levels are different,which makes the nature of labor relations ambiguous.Second,it excludes some workers who are retired and re-employed,making the scope of the identification of labor relations too narrow,and once again it links social insurance benefits to labor relations,which causes labor relationships not properly identified,and the particularity of retired employees is ignored.Part 4 is aimed at the problems existing in the third part.It is targeted to put forward perfect legal suggestions,namely,to clarify the nature of labor relations,expand the scope of the main body of labor relationship identification,to define the identification standards of labor relations,and to specify the labor relations of retirement and reemployment.
Keywords/Search Tags:Retirement Re-employment, Social Insurance Benefits, Labor Relations, Service Relations
PDF Full Text Request
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