Research On The Legal Issues Of Retired Workers In Reemployment

Retirement and re-employment,as a typical representative of employment in the new period,have begun to be widely used in various fields of social production.However,at present in China’s labor legislation,there are no provisions for workers who are employed within the legal age.There is no specific law to stipulate retirement and re-employment.In practice,there are many major problems between retirement and re-employment personnel and employers,such as the legal relationship,workrelated injury insurance,rights and benefits,which is very unfavorable to protect the labor rights and interests of retired and re-employed people.It is imperative to regulate the legal relationship between retired and re-employed personnel and employers,and include retired and re-employed persons within the scope of workrelated injury insurance benefits,and protect the re-employment of retired employees.In addition to the introduction and conclusion,this article discusses the legal issues of re-employment workers’ re-employment injury from four parts.The first part is the theoretical analysis of re-employment workers’ reemployment work injury.Starting from the existing range of retired and reemployed people,the analysis limits the research scope of the article to those who have reached the statutory retirement age and have obtained social insurance benefits.Then,based on the problems in the “Insurance Insurance Regulations” implemented in 2011,it is determined from the theoretical,national,and institutional levels that labor relations are still the preconditions for the identification of work-related injury insurance,and it makes the cushion to this problem.The second part analyzes the problems existing in re-employment due to workrelated injury insurance benefits when workers are injured.It mainly includes the following points: First,theory and legislation cannot determine the labor relationship between retired and re-employed personnel and employers,so There are problems in the recognition of work-related injuries;Second,regarding to the question whether retired and re-employed persons can directly apply work-related injury insurance,legislation and judicial pratice are inconsistent with each other.Third,when retired and re-employed persons are unable to apply labor law protection and turn to civil law protection,there also exist two problems,such as a burden of proof and difficult implement of compensation.The third part mainly lists the industrial injury insurance system in the United States,Japan,and Germany.According to the legal system of work-related injuries in Germany and Japan,the re-employment of re-employed persons belongs to the protection of work-related injury insurance.The U.S.system of flexible retirement gives employees the right to decide their retirement time.Even if they reach the statutory retirement age,as long as employees do not choose to retire,they are also workers and they enjoy work-related injury insurance benefits.Through the evaluation of their industrial injury insurance system,we hope to enlighten our country’s retirement and re-employment employees’ rights and interests.The fourth part is the suggestions to improve the legislation on the reemployment of retired workers in China,and the implementation of the specific system must be implemented for the retired and re-employed people.It mainly starts with the questions raised in the previous article and draws lessons from foreign legislative experience.The suggestions include the recognition of the relationship between retirement and re-employment personnel and employers,the inclusion of employees of retirement and re-employment in the protection of work-related injury insurance,and the optimization of the compensation mechanism for employees of our country ’s retired and re-employed workers,and then refinement of each point in order to ensure better protection on rights to work-related injuries of retirement of reemployed workers.