An Analysis On Labor Dispute Between Sun And A Property Company

More and more workers after reaching the statutory retirement age, choose to continue or return to work.It’s still blank about how to deal with this issue. Judicial practice throughout the country didn’t reach a consensus on this issue, some identified as labor relations, some identified as service relations, also have according to whether enjoy endowment insurance treatment or pensioners to discriminate. According to their views dealing with problems cause confusion in practice work. And labor relations in the social relations important, labor relations and social stability is the cornerstone of the relationship to the harmonious development of society. In this paper, put forward the following two issues by introducing Sun and a property company with a labor dispute case. The first focus is qualitative controversy of employment relationship beyond the statutory retirement age for workers re-employed. It started from the concept of workers, and the qualification criteria analyzed, and concluded, beyond the statutory retirement age of workers in terms of the law or legal analysis comply with labor standards. It could establish labor relations.The second dispute, prescription of double wages that the employer did not sign labor contracts with workers. From the literal interpretation, the purpose of the concept of wage and double wage system settings and other point of view, the final draw double pay has a dual nature basic salary plus punitive damages. So the statute of limitations is a special limitation on remuneration plus ordinary aging labor dispute arbitration. Combined with the case, the author presents some of views and opinions. It is desirable through the improvement of legislation to fill the labor law for the protection of the rights of persons over the legal age and double pay system can be more flexible to use laws and regulations, in order achieve harmonious labor relations purposes.