The Research Of Protecting Labor Rights Of Old Workers

The aging of the population is a global problem.In the early part of this century,China has stepped into an aging society,and the age structure of the population has been changed to the elderly.China’s aging population is very big,in recent years,the proportion of old people in the total population has increased rapidly,and the realistic urgency of coping with the aging of the population has been highlighted as never before.As of 2020,the total number of aged population aged 60 and above will be 264 million,which has accounted for 18.7% of the total population.For one thing,after entering the aging society,the labor market under it will have some new characteristics,such as: the labor force renewal rate is getting slower and slower,the new labor resources are obviously insufficient,and the labor efficiency is getting lower and lower.To solve these problems,it is necessary to explore the potential of the labour market,and to exploit the aging population’s human resources is an inevitable trend;and for another,with the rapid economic growth,and the progressive improvement in health and education,the aging population will definitely become an indispensable part of the labor market in order to realize their "active aging".In summary,it will become the social norm for the elderly to continue to be active in the labor market after reaching the legal retirement age or after receiving pensions.However,either through the empirical analysis of the judicial case or the examination of the present situation of the old workers’ labor rights,it is not hard to find that there are defects and problems in the old workers’ labor rights around recognizing the legal relationship of old workers’ reemployment and protecting their rights and interests.Specifically,due to the single standard of employment nature and unclear definition of workers,the criterion of reemployment nature for the elderly is ambiguous;the question of labor standard rights and interests protection is mainly reflected in the application of labor standard for the elderly,there are different pay for the same work and difficulties in obtaining economic compensation;the problem of social insurance rights and interests protection is mainly reflected in the difficulties in obtaining basic social pension insurance benefits,and difficulties in obtaining work injury relief.The difficulty of social insurance rights and interests is mostly reflected in the dilemma of acquiring basic social pension insurance benefits and the dilemma of acquiring relief for work-related injuries.Based on this,China needs to learn from the advanced experience of Japan,the United States,Singapore and other countries,clarify the criteria for determining the nature of employment for the elderly,further explore the delayed retirement system and flexible retirement policy,and incorporate the elderly into the scope of protection of labor law.In addition,we should pay attention to the vulnerability of the elderly workers compared with the workers of the right age,give the elderly some preferential treatment in the protection of labor standard rights and interests,set the special industrial injury insurance premium rate for the elderly workers in the aspect of industrial injury relief,or purchase health insurance,accident insurance and other higher levels of commercial insurance and other ways to provide industrial injury relief for the elderly.At the same time,we should also pay attention to the particularity of the elderly workers in different industries.Based on the consideration of stratification theory,different economic compensation amounts should be set up,and different old-age security standards should be applied.In this way,the labor rights and interests of the elderly can be fully guaranteed,which not only makes them actively become an important productive resource of the country,but also makes them more independent,self-reliant and dignified.