Research On The Legal Protection Of The Right To Wages To The Re-employment Of Retirees

This dissertation mainly studies the wage rights to post-retirement of employees.Re-employment retirees can become the subject of The Labour Law of the People’s Republicof China and labor relations can be established with the retirees. Wages and retirement rightsare the legitimate interests of re-employment retirees; they should be protected by labor lawsand regulations. The Paper is divided into five chapters:The first chapter is introduction which including six parts. This chapter firstly introducesthis article research background by population aging and the feature of retirees. Secondly,clear significance of this study. Thirdly, concludes the academic and judicial practiceregarding retirement re-employment status of research and basic attitudes. Fourthly the paperdescribes the research methodology. Then, is the logical structure of the article. Finally, pointout the account of innovation and inadequate of the paper.The second chapter describes the current situation and analyzes the re-employment ofretired staff wages to achieve the right. Articles from retirement re-employment equal pay,minimum wages and collective wage bargaining combines three aspects related cases,showing the status of three rights, it can not be protected proposed labor law issues.The chapter three examines the main cause of post-retirement of employees’ wages rightcannot be legal protection focusing on the labor attribute and employing units constitute legalrelationships. It considers that the dominant position of the labors is the premise of labor law.Age of retirees should not be the reason to deny the status of laborers, improper methods todefine the scope of employer of labor law in China, the lack of independent definitionstandards. The employer can manage and control the retirees. So, they should have thecharacteristic of subordination. Protection achieved between social insurance and labor lawdoes not conflict and “Social Insurance standard says” can not be established. Disadvantagedposition in the legal relationship of retirees shall enjoy the protection of labor law; they alsocan establish the Labor relations with employers.The fourth part, from the legal system of comparative law perspective of re-employmentof retirees’ extraterritorial rights provisions wages, looking out for our country can learn fromthe experience of them. The paper will draw on Britain, Japan and other countries to the levelof a clear legislative organs of state power to protect older workers a way to get tips from our country to improve the legislative level and designed specifically for older workers theminimum wage angles treatment system to protect this part of the population and pay thecorresponding basic demands of labor remuneration.The fifth of paper, we attempted to build the right to legal protection of wage protectionsystem. Firstly, clarify the definition of retirees’ qualification in labor law and list the maintypes of labors. Then, use the personal, economic or organizational subordination to define thepresence or absence of labor relations, considering the control power by employers,responsibilities of employees and so on. The re-employment of retired staff wages’ rights setup to the legal rights and age discrimination is explicitly included in the scope of labor lawregulations, improve suited for aging workers wages payment order system, increase the costof illegal employers.In summary, this study found that: There is the issue of equal pay retirementre-employment rights, minimum wage protection and collective wage dispute wages and otherrights can not be achieved, the reasons are many policies and social cause, but thefundamental reason is that the basic legal missing level, judicial interpretation legalinstrumentalism, theoretical support is not enough. Consider retirement re-employment rightsof staff wages to achieve legal obstacles are mainly two: first, re-employment of retiredworkers legal status is not clear, Labor Law did not give the workers under the definition ofthe concept, nor its classification, what in retirement re-employment status is not clear how toreach the retirement age of workers denied re-employment of retired status, contrary to thefacts as found standard labor workers covered; second, re-employment of retired workers andemployers legal relationship between that standard is unreasonable, clear judicialinterpretation to achieve basic social pension insurance as a standard, the legal relationshipbetween the re-employment of retired officers and employers of labor relations and laborrelations made two points.This paper argues that there is no recognized standard nature of labor relations-startingfrom the property, the basic facts to consider the issue. These two legal theories to solve theproblem of retirement re-employment wages right personnel to achieve in order to have alegal basis. Therefore, this paper proposed to the existing labor law laborers clearly defined,re-employment of retired workers who meet the characteristics of modern labor law and laborlaw included in the scope of protection; legal relationship between them and the employerfrom the property to the standard, combined with other factors to define, rather than to achieve the right to a standard of social insurance, re-employment of retired personnel canalso enjoy the protection of the labor laws accordingly. After clarifying the theoretical basis,in specific system above should also be adjusted accordingly, the main idea is to adjust wagesentity the right to re-employment of retired Admiral defined as legal rights, and improve theanti-pay discrimination law system; simplify wage dispute settlement procedure program,wages payment order system to reduce the burden of proof burden of re-employment ofretired officers to implement the right wages.