| Guangzhou Youyuan Labor Service Company(hereinafter referred to as Youyuan Labor Service Company)is a private human resources enterprise established in 2002 that is mainly engaged in labor dispatch and business outsourcing.Its service targets are mainly state agencies,public institutions and state-owned enterprises.The average staff size is about 10,000 per month.In June 2016,Youyuan Labor Service sent employees to die in a motor vehicle traffic accident on the way to work.Youyuan Labor Service Company believes that Tan Guoqiang joined the work after the legal retirement age,and should not be a work accident.However,it was later recognized as a work-related injury by the Guangzhou Haizhu District Human Resources and Social Security Bureau(hereinafter referred to as the Haizhu District Human Resources and Social Security Bureau),and the Guangzhou Human Resources and Social Security Bureau(hereinafter referred to as the Guangzhou Municipal Human Resources and Social Security Bureau)canceled the certification through administrative reconsideration.After the court hearing,it was still determined to be an industrial accident.In fact,companies are happy to hire people over the legal retirement age for two reasons.One is that companies do not have to pay social insurance and housing provident funds for people above the legal retirement age,and the labor costs of the company are relatively low;Abundant and diligent work,the company's employment satisfaction is high.At the same time,for reasons such as failure to receive pensions,expecting to increase the source of income,just reaching the legal retirement age and good health,people beyond the legal retirement age have a higher desire to work again.Based on the above reasons,the employment relationship between enterprises and people over the legal retirement age is possible and increasingly common.It is a pity that in most cases,after hiring a person over the legal retirement age,the enterprise cannot pay work-related injury insurance for such personnel,and judicial authorities in different places in the country have different findings on whether the enterprise and such personnel have a labor relationship.Therefore,once a person who exceeds the legal retirement age is injured at work,due to the absence of work injury insurance and the unclear legal relationship,the enterprise eventually needs to bear the responsibility for work injury compensation independently.At present,most enterprises in our country employ people who are over the legal retirement age.These enterprises often lack the evaluation of the suitability of the people over the legal retirement age and the recruitment positions due to the low labor cost.At the same time,companies generally have a low awareness of potential work-related injury compensation risks,leading to the lack of relevant effective agreements for the establishment of re-employment contracts,the lack of retraining for safety and health production,and the absence of purchasing suitable employer liability insurance.Therefore,through in-depth discussion,it is urgently necessary to really improve the risk assessment of work-related injuries when companies hire people above the legal retirement age,and it is expected that starting from actual cases,useful suggestions and references will be given for the employment of people above the legal retirement age.The article is divided into four chapters.In the first chapter,in addition to introducing the background and significance of the topic of the paper,it mainly finds and collects concepts and labor theories beyond the legal retirement age,labor relations and labor relations.In addition,it points out that the paper uses The research method,finally,clarifies the purpose of the thesis research.The second chapter mainly describes the case of identification of work-related injuries for employees of over-retirement age of Youyuan Labor Service Company,and the case leads to the risk of labor relations for companies hiring persons beyond the legal-retirement age,and then discusses the controversial issues of determination of work-related injuries.Under domestic laws and regulations,social insurance system,and judicial practice,the employment injury risk management dilemma for enterprises hiring people over the legal retirement age.The third chapter is the focus of this article.As a professional human resources service company,it has been influenced by inherent theoretical knowledge for a long time.It lacks proactive understanding and learning of the latest judicial organs 'trial trends,criticism of insufficient risk prevention awareness,and weak system management innovation awareness.The above deficiencies were analyzed in terms of laws and regulations and judicial practice,trying to identify the risk of work-related injuries,and then conducting a risk assessment,and then further in-depth research on how companies can prevent the risk of injury from employing employees over the legal retirement age to develop effective work-related injury risks The management system lays a solid foundation.Chapter IV,based on the case of Tan Guoqiang's industrial injury identification,combined with the current situation of the enterprise,elaborated on the design of the industrial injury risk management system employed by Youyuan Labor Service Company for people over the legal retirement age.According to the organizational structure,personnel training,system preparation,system inspection,system review and improvement,etc.,build a scientific and reasonable work injury risk management system process.Finally,from the aspects of supervision team guarantee and improvement of personnel management system,the implementation guarantee is explored,and the safeguard measures for the implementation of industrial injury risk management system are explored.The supervision team monitors the risk management system to ensure the effective operation of the work injury risk management system.At the same time,through expert consultants to evaluate the work-related injury risk system,listen to its legal opinions,timely plug the loopholes,and constantly tamping and revising the risk management system.In the construction of the company's personnel management system,it has continuously improved the information entry for people over the legal retirement age,accurately identified the identity methods,improved management efficiency,and strengthened risk prevention. |
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