The Legal Issues Of Recognizing Over-Aged Laborers’Work-Related Injuries

The trend of unlimited oversupply on surplus labor force has been slow downsince2009.Due to the large population base and uneven economic development,China has entered aging society in which people grow aging before they grow rich.The statutory retirement age in China is relatively lower than other countries,so that the phenomenon of overage reemployment is normal in some fields.However,the relevant laws and regulations did not match the situation,which overage employees are excluded by the Labor Law,the Labor Contract Law and the Labor Insurance Regulations.That makes their personal injury during work cannot be identified as occupational injury.Therefore,their labor rights are severely violating in our country,which lays a hidden danger for the sustainable development of social economy and long-term stability of our country.Whether overage workers are entitled to the labor qualification?How to classify the relationship between overage employees and their employer? Can they protect by the Labor Law when they injured during the processing of work? Since overage workers doing the same jobs with others have enjoyed social insurance benefits,once coming back to work they should be protected by the Labor Code on the theory of subordination of labor relations.Which kind of reliefs should overage works take depends on whether their injuries are identified as work-related injuries.If the injuries suffered in the process of their work are identified as work-related injuries,they will be protected by the Labor Insurance Regulations.This regulation shall adhere to the principle of no-fault,which can assume overage works obtain reliefs timely.If that situation is not identified as work-related injuries,they will apply to the Tort Law.This law shall observe to the principle of “who claims,who proves”.Because the regulations do not include the scope of spiritual comfort money,the amount under the tort law is higher than the number under the regulations.But the regulations can realize the right of claim for work-related injuries fully,avoid the adverse competition caused by the higher amount of personal injury compensation and ease the labor conflicts between the two sides.To make full use of labor resources to actively cope with the problem of growing aging population,the Labor Law and relevant law should protect the overage workers,should identify their personal injury on some conditions as occupational injury,and should make itself conform to the concept of protecting vulnerable groups.With the rapid development of economy and the improvement of medical conditions,life expectancy of citizens in our country has increased to 76.7 years old.The former retirement system making “one size fits all” should be reformed by changing the former strict one into flexible system based on labors capacity.And it is a trend to protect overage workers on the basis of Labor Insurance Regulations.The condition where workers is overage or not and enjoy social insurance benefits or not should not been treated as prerequisite for.The author makes an in-depth analysis of the three problems mentioned above and tries to put forward feasible solutions to the protection of the labor rights and interests of over-aged employees.For making all citizen enjoy fair and equal right,this paper aims to analyze the difficulties recognizing occupational injury of overage workers the qualification of laborer of overage people,legitimate their working identity and recognize the relationship between workers and their employers as a special labor relationship.Therefore,personal injury can be recognized by relatively clear and standardized regulations,and the situation where the same case deals with different sentence could be changed.