Study On The Protection Of Labor Rights And Interests Of The Legal Issues Of Post-retirement Employment Laborers

In the new era,people's rights awareness has been improved,and labor rights and interests have been more revealed and valued.However,the characteristics of fast life rhythm and fast change in the new era also make labor rights protection ineffective,and there are difficulties and pain points in rights protection.Especially for post-retirement employment laborers,their labor rights are difficult to be effectively protected by the system,and they do not get the humanistic care they deserve when disputes arise.In view of the increasing demand for labor rights protection in practice,it is particularly urgent for the country to construct and implement a special system at the legal level to protect the labor rights and interests of post-retirement employment laborers.In order to solve the pain points and difficulties of the legal protection of labor rights and interests of retired reemployed people in practice,the first step is to analyze the current status,problems and deficiencies of the legal protection of labor rights and interests of post-retirement employment laborers in our country,so as to make it easier to remedy the legal gaps.At present,China's elderly population has exceeded 200 million,but the number of people who re-enter the labor market is small,and the waste of human resources is serious.The legal environment for the labor rights protection policy for post-retirement employment laborers is not good,no special laws have been formed at the central level,and regulations at the local level are not uniform.These problems require the establishment of a special system to protect the labor rights and interests of post-retirement employment laborers.The academic community has expressed their opinions on the labor disputes of post-retirement employment that frequently occur in practice.There are fourrepresentative views on the legal nature of the relationship between retirement and employment,they are the "labor relations theory" and the "labor relations theory" ","Social Insurance relationship theory,"" Special Labor Relationship theory."This article analyzes the rationality and limitation of the four viewpoints from the main viewpoint and reason,discussion and evaluation.Considering that post-retirement employment laborers are different from working-age workers,this article believes that it is more scientific and reasonable to adopt the "special labor relationship theory".Compared with other theories,this doctrine is more suitable for the special status of post-retirement employment laborers,and can better meet the needs of labor rights protection under different employment situations in the era of pluralism.The phenomenon of international aging has appeared early.Various international organizations and countries outside the region have formulated a series of policies to promote the reemployment of retirees and protect the labor rights of retired elderly people.It can be seen that attaching importance to the reemployment of retirees and the protection of labor rights and interests for reemployment have been a common measure of the international community since the last century.The representative countries outside the region are the United States,the United Kingdom,and Japan.The three countries have adopted detailed measures to guarantee the employment of middle-aged and older workers.These measures include the establishment of an institutional system specifically aimed at middle-aged and older workers,the protection of equal employment rights for middle-aged and older workers,and the protection of specific rights and interests,which are worthy of reference and learning from China.In order to establish a special labor rights protection system for post-retirement employment laborers,in addition to drawing on the excellent experience and practices of other regions based on the current situation of China's legal regulations,it is also necessary to clarify the four basic principles of protection:the principle of respecting laborers,the principle of equal protection,the principle of special treatment,the principle of convergence and coordination.The four basic principles are used throughout the formulation of the system to provide ideological guidance for the establishment of a security system specifically for post-retirement employment laborersIn terms of specific system guarantees,it is necessary to legislate to confirm thatpost-retirement employment laborers enjoy labor rights,and incorporate the nature of employment of them into the general adjustment of labor laws.This is the prerequisite for the implementation of specific rights and interests protection.On this basis,an equal but differentiated labor benchmark system should be established to provide targeted guarantees for post-retirement employment laborers in terms of minimum wage protection,working hours,and equal pay for equal work.Establish a work injury insurance system for post-retirement employment laborers.On the basis of sufficient research,it is formulated according to the contribution rate of workers of the appropriate age,and reflects the gradient change of the work injury insurance rate in different industries.Establish an endowment insurance system to deal with whether there are endowment insurance benefits.Construct targeted rights relief system,give full play to the role of employers in coordinating disputes and protecting rights and interests,external labor dispute arbitration and labor supervision and law enforcement functions of administrative departments to protect labor rights and interests of post-retirement employment laborers in a comprehensive and efficient manner.The legal protection of the labor rights of post-retirement employment laborers is related to whether the retired people can have fun and make full use of value.It is also related to whether the overall situation of a well-off society can be built this year.It is more related to everyone's well-being,So we should taken them seriously.The establishment of a sound labor rights protection system for post-retirement employment laborers is conducive to the redistribution of social resources to achieve social equity and the healthy long-term development of China's aging cause.