A Research On The Labor Rights And Interests Security System For Senior Employees

Senior employment is a new type of labor relationship that has emerged in recent years,which is different from standard labor relations.It has the characteristics of "get old before getting rich" and "retire before getting old",which makes more and more senior people quit work when they reach the legal age.Afterwards,choosing to continue to work has become an important part of the labor group.However,due to the unclear legal nature of senior employees in my country’s current laws,the academic community and local judicial agencies have different views on the determination of their legal nature.Based on the legal nature,There are different practices regarding the application of labor standards,the enjoyment and receipt of social insurance and other rights protection.The author takes the labor rights protection of senior employees as the research content,and explores reasonable countermeasures to protect their related rights.First of all,it is necessary to clarify the reasons for senior employment and the perfect meaning of labor rights protection.It is pointed out that this form of employment is produced under the influence of three aspects: the needs of senior employees,the business needs of employers,and the development needs of an aging society.At the same time,it is pointed out that perfecting its labor rights protection is conducive to reducing social burdens,meeting the needs of workers themselves,and providing reasonable reasons for continuing research.Secondly,through combing the status quo of labor rights protection for senior employees in my country,analyzing the current problems.The first is to analyze the current legislation and regulations,and point out the contradictions existing in the current laws and regulations regarding the determination of the nature of employment of senior employees.The second is to sort out different opinions on the nature of employment of senior employees by combing through the regulatory documents and related cases issued by the judicial organs of various regions.The third is to point out that the current deficiencies in the protection of their labor rights are mainly manifested in the lack of identification standards for the nature of employment,the application of labor standards,and social insurance protection while analyzing their causes.Regarding the identification of the nature of employment,the constitutional standards of labor relations are not clear,and the "one size fits all" judgment model is adopted,which fails to protect non-standard laborers that have emerged with the development of social economy;in terms of labor standards,senior employees are not clearly defined.The nature of employment has led to disputes over the "equal pay for equal work" and the applicability of economic compensation;and in terms of social insurance protection,it is also linked to the nature of employment,which leads to disputes about the rights of senior employees to enjoy endowment insurance and work-related injury insurance.Finally,the following suggestions for improving the labor rights security system for senior employees are put forward: First,on the basis of clarifying the principles of senior employment protection,explore the perfect measures to protect the labor rights of senior employees.This requires a clear definition of my country’s labor relations certification standards,exploring the nature of employment in terms of clarifying the definition of workers,confirming the qualifications of senior employees,and improving subordination identification standards,and clarifying that if senior employees meet the identification standards,they will be included in the scope of labor law protection.However,it should be explored to identify it as a special labor relationship to distinguish workers of the right age.The second is to analyze the ways to improve its labor standards,such as whether and how to enjoy equal pay and economic compensation.The third is to explore how to improve the current social insurance system,and strive to provide a perfect security system for senior employees.Under the principle of stratification theory,it provides reference suggestions for the identification of the nature of employment forms in the new era,establishes a complete labor rights protection system,and further promotes the employment of senior employees.