Research On The Legal Issues Of Industrialinjury Insurance For Overage Personel

In China,the employment of overage personel has become a common phenomenon,but the relevant supporting legislation is not perfect.Especially in the field of industrial injury insurance,it is not clear whether overage personel have labour rights under the labour law and the qualification of the labour subject and whether labour relations can be formed,as a result,overage personel are always unable to enjoy the same industrial injury insurance rights as workers of the right age.Protecting the rights and interests of industrial injury insurance for overage personel can not only avoid the negative impact on society,but also ensure that overage personnel through labour to achieve their right to survival and development.At the same time,it is more in line with the basic principles of the labour legal system to protect the weak.Those who enjoy the labour rights should have the qualification of the labour subject,and the qualification of the labour subject requires that they have the labour ability.Labour ability is a comprehensive performance that is difficult to be quantitatively evaluated,and there are great differences among individuals.Therefore,China has always used the statutory retirement age as the legal condition for the loss of labour ability.However,since the last revision of the legal retirement age system in 1978,the influencing factors of the legal retirement age have undergone enormous changes and should not be used as the age of intended incapacity.Moreover,there is a suspicion of age discrimination.When meeting the needs of work,it should be recognized that overage personel have the ability to work and their rights and interests in industrial injury insurance are protected by law.When judging the nature of the employment relationship,we should focus on the essence of the employment relationship,that is,the judgment of the subordination.In order to maintain social stability,protect the survival and development rights and labour rights of overage personel,and promote social development and progress,it is the general trend to design specific systems to guarantee the labour rights and interests of overage personel including industrial injury insurance rights and interests by delaying the statutory retirement age,building a voluntary retirement system and incorporating overage personel into the scope of industrial injury insurance,which is also the only effective way to completely solve the current legal problems related to industrial injury insurance for overage personel.At the same time,the scope,conditions and standards of industrial injury insurance treatment for overage personel should be clarified.