| Retirement is a right,not an obligation,and it should not be forced to withdraw from the labour sphere because retired re-employed persons reach the legal retirement age.The difference between these workers and ordinary workers is that they have reached the legal retirement age and are not protected by the Labor Law,but they should also have inherent rights and interests such as labor rights and retirement rights,which are mainly considered from the ability of labor rights and labor behavior,labor attributes,and can not be passively deprived of labor rights because they enjoy the right of social insurance.This is not in line with the intention of the Labour Code to protect workers in a vulnerable position,and is not conducive to the protection of the rights and interests of elderly workers who are vulnerable to industrial injury.At present,there are still many problems in the legal protection of retired re-employed persons injured by work.If all kinds of relevant laws,administrative regulations,departmental rules and regulations are not uniform,this will lead to judicial trials in practice according to different laws and regulations to make different decisions,resulting in the consequences of different judgments of the same case.And retired re-employment because do not have "laborer" identity in the meaning of "labor law ",can not identify inductrial injury,can not apply the relevant regulation of inductrial injury insurance,this can make them suffer inductrial injury when seeking relief without specific clear legal basis.The main reason of these problems is that the rule of law has not been paid enough attention to,and there is no unified legislation from the root.The Supreme People’s Court’s Interpretation on the Law Applicable to Trial of Labor Dispute Cases is used as the basis of the trial.At the same time,the administrative organs for this part of the workers unimpeded payment of industrial injury insurance channels.Therefore,we should improve the legal protection of post-retirement re-employment injury from the perspective of long-term and short-term.In the long run,this part of the workers should be included in the scope of labor law protection,formulate a unified law to protect their rights and interests,confirm their identity as workers,determine their application of industrial injury insurance law.In the short term,we should make clear the legal relationship between "beginning to enjoy basic old-age treatment" and re-employment,introduce commercial insurance mechanism and industrial injury insurance mechanism parallel,construct the system of compensation and assistance for retired re-employed persons due to work injury,lighten their burden of proof in litigation,grant them equal right of industrial injury insurance,unblock relief channels for those who have suffered work injury after retirement,and properly resolve the contradictions between labor law,retirement system and old-age insurance system in our country. |
