Research On The Legal Protection Of Retirement And Reemployment From The Perspective Of Active Aging

With the development of the economy and society and the improvement of medical standards,the life expectancy of the elderly has been prolonged.At the same time,due to the change of traditional concepts,most elderly people still have a strong willingness to find employment after retirement.Retirement and re-employment is a new type of employment relationship that appears in the current job market under the background of aging,and it is developing rapidly with the intensification of aging.Retirement and reemployment have developed the talent resources of the elderly and can meet the needs of employers.It is a good medicine to actively respond to the problem of population aging.However,because my country's current labor legislation excludes reemployed retired workers,the status of workers has not been established,and the possibility of infringement of their legal rights and interests has not been regulated,resulting in the lack of effective legal protection for reemployment and reemployment of retired workers.Repeatedly suffered the impact of the job market wave but unable to get relief.Based on this,this article puts forward relevant suggestions on the legal issues of retirement and reemployment,and initially establishes a legal framework to form legal protection for reemployed persons..In addition to introducing the research background,summarizing the research status at home and abroad,explaining the writing ideas and structural arrangements,and the conclusion summarizing the full text,the main structure of the thesis is divided into four parts: The first part analyzes the basics of retirement and reemployment from the perspective of active aging Connotation.By analyzing the qualifications of retired re-employed workers and the limitation of defining the employment relationship as a labor service relationship,it is proposed that the equal employment rights of re-employed retired workers should be protected based on the labor relationship.The second part makes a realistic survey of the status quo of retirement,reemployment and legal protection in my country.First,analyze the reemployment willingness of retirees,the difficulties faced in the process of employment,and the dilemmas in the protection of rights and interests through questionnaire surveys.The legal qualitative nature of the employment relationship is unclear,which has led to considerable divergence in judicial practice.The third part discusses the theoretical basis,social foundation and international experience of the legal protection of retirement and reemployment,and lays the foundation for the system conception of legal protection of retirement and reemployment.Consolidate the foundation of legal protection for retirement and reemployment from aspects such as equal protection of employment rights,secondary demographic dividend,retirees and the needs of the market themselves,and draw enlightenment for my country's retirement and reemployment system from relevant policies in Korea,Japan and Germany.The fourth part suggests that retirement and reemployment should be included in the adjustment of labor law,and the legal regulation should be improved.It is recommended to establish a legislative concept of active aging,from the perspective of active aging and the protection of the employment rights of retirees,propose a system concept,promote the convergence of the retirement and reemployment system with retirement,social insurance and other related systems,and provide specific related guarantees The system,in turn,provides legal protection from the aspects of subject qualification,nature of employment relationship,application of law,rights protection and relief mechanism.