Research On The Legal Relationship Between Persons Who Have Reached The Statutory Retirement Age And Employers

The current law of our country does not clearly define the legal nature of the continued working relations of persons who have reached the legally prescribed retirement-related age but have not begun to be included in the benefits of the state insurance,and the termination of the employment contract after reaching the legally prescribed retirement-related age,this has led to some divergence of views on how to determine the continuing employment relationship of such persons.In view of this,it is demonstrated that the Labor relationship in China's labor law is a practical labor relationship,which has nothing to do with age,the enjoyment of old-age insurance benefits and the employment pressure of young people,and that the continued employment relationship of the above-mentioned people meets the criteria of subordination,at the same time,the above-mentioned argumentation results are stipulated in the legislation.After the trial defines the Labor relationship as a de facto employment relationship according to the labor law,the employment relationship is confirmed according to whether the subordination is included in the category of enjoying the benefits and benefits of the state insurance,differential treatment of recognized Labour relations.This paper is divided into the following four parts: the first part is to propose and define the research issues.Leading from the typical case to the central issue of determining the nature of employment relations among persons of legal retirement age,the controversial issue is whether the age and the pension benefits affect the confirmation of labor relations and whether the confirmation of labor relations can be subject to a written agreement.The second part of the retirement age has reached the legal age of continued employment legislation and theoretical summary.On the basis of generalization and comprehensive analysis,we can find that the existing ways do not define the nature of labor relations in China's current "labor law".The third part is to determine the relationship between the continued employment of persons who have reached the retirement-related age prescribed by law.By means of argumentation,it is shown that the labor relations stipulated in the Labor Law of the People's Republic of China are de facto employment relations,that reaching the retirement-related age stipulated in the law will not seriously affect the continued validity of employment relations,that the criteria for determining the subordination of employment relations have nothing to do with whether or not the basic old-age insurance benefits are actually enjoyed,and that persons who reach the retirement-related age stipulated in the law will not increase the pressure on young people to continue to work in employment,and has reached the law and the retirement-related age of employment relationship analysis in line with the dependency recognition standards on the basis of identified as labor relations.The fourth part is the suggestion of consummating the employment relationship of the people who have reached the legal retirement age.From the legislative point of view,the employment contract law provides that the termination of the employment contract has nothing to do with the enjoyment of old-age insurance benefits and that persons who have reached the retirement-related age prescribed by law may continue to be employed,from the judicial point of view,after defining the Labor relationship as a practical labor relationship according to the Labor Law,the Labor relationship shall be confirmed according to whether the subordination is included in the scope of enjoying the benefits of national insurance,and the Labor relationship shall be treated differently.