An Analysis Of Labor Dispute Case That Has Reached Retirement Age Of Ke Pingsheng And Jiayuan Company

The increasing proportion of the elderly population has not only increased the pressure on China's pension insurance system,but also a series of new social problems.It is more and more common for workers to work after the legal retirement age.Whether over-age workers can be protected by labor laws is highly controversial in both academic and judicial practice.Workers who are still employed beyond the statutory retirement age are relatively disadvantaged groups in the labor market,and they should also be given adequate protection in employment.To determine the legal protection that over-age workers can enjoy,it is inseparable from the determination of the employment nature of over-age workers.If the employment property is recognized as a labor relationship,the over-age workers can enjoy a series of institutional guarantees within the scope of the labor law;if they are determined to be labor relations,the laborers can only seek civil relief according to the civil employment relationship,and at this time the laborers can The relief enjoyed is far less than that guaranteed by the labor law,and the identification of work injuries is more stringent than the labor law.There are many disputes concerning the over-age workers in practice.There are three disputes in the selected cases.They are the qualifications of workers over-aged,the nature of employment between over-employed and employers,and the occupational protection that over-age workers can enjoy.In this paper,based on the current regulations of China's legal system,the selected labor disputes in 84 local courts,and the different viewpoints of the labor law community,this paper analyzes the three disputes one by one and concludes that the law in China only works for labor.The minimum age of the person is restricted.It is not explicitly prohibited for workers to enter the labor market after reaching the statutory retirement age.Age cannot be the basis for judging whether there is a worker qualification.The retirement system cannot deprive workers of their labor rights.Article 21 of the "Regulations on the Implementation of the Labor Law" in China gives the over-employed employment workers the right to terminate the labor relationship.If the over-age employment workers who have not received the pension or pension are not exercising the right of rescission,the two parties Labor relations continue to be maintained and do not end naturally.After Ke Pingsheng reached the retirement age,he still worked as a general worker in Jiayuan Company.Ke Pingsheng and Jiayuan Company should still be recognized as labor relations,and can enjoy the occupational protection in the field of labor law.The salary and economic compensation claimed by Ke Pingsheng And work injury benefits should be supported.