Research On The Protection Of The Industrial Injury Insurance Rights And Interests Of Overage Personnel

With the development of economy and the change of people's life concept,the aging of population is beginning to appear in our country.In order to cope with this negative phenomenon,a large number of overage personnel choose to enter the work domain.However,our country's relevant laws and regulations on this special form of employment are not perfect.There are wide divergences on how to define the legal relationship between overage personnel and employment subjects in the theory circle and the practice circle.Although the Supreme People's Court "Interpretation of several issues concerning the application of law on the trial of labor dispute cases(iii)"(hereinafter referred to as "Explanation Three")proposed that the employment relationship between persons who enjoy pension insurance or pension according to law and the employer should be recognized as labor service relationship,the rule has not been widely recognized in the theoretical circle.Because the legal relationship between overage personnel and employment subject is directly related to the protection of the industrial injury insurance rights and interests of overage personnel.Therefore,we should study the employment relationship between overage personnel and employment subject,and serve as a breakthrough point,to make clear what measures should be taken to protect overage personnel when they were injured on job.To realize the protection of the industrial injury insurance rights and interests of overage personnel,firstly,it is necessary to make a theoretical analysis of the industrial injury insurance rights and interests of the overage personnel.Define the concept of industrial injury insurance rights and interests of the overage personnel and analysis the necessity of protecting the industrial injury insurance rights and interests of overage personnel from the basic theory.Then define the legal relationship between overage personnel and employment subject,because it is the premise for protecting the industrial injury insurance rights and interests of overage personnel.Secondly,the protection of overage personnel's industrial injury insurance rights and interests in our city is not perfect,it requires us to analyze the existing problems and provide solutions based on analysis.Overage personnel entering the job are prevalent in many countries around the world.And under the background of economic globalization,we can draw inspiration from studying the relevant regulations of other countries.Finally,we can learn from the relevantexperience of foreign countries,and put forward the strategies and methods that are suitable for China's national conditions,then perfect the protection of industrial injury rights insurance and interests of overage personnel.Only in this way can we realize the protection of overage personnel.In the context of the serious aging of the population and shortage of laborer,studying the protection of industrial injury insurance rights and interests of overage personnel can provide a theoretical basis for the effective protection of the industrial injury insurance rights and interests of overage personnel in reality.To protect the industrial injury insurance rights and interests of overage personnel,the precondition is to clarify the legal relationship between the overage personnel and the employer,and on the basis of combing the relevant viewpoints,the paper puts forward that the legal relationship between the overage personnel and the employment subject is laborer relationship,and hope that through labor law and other laws to protect the industrial injury insurance rights and interests of overage personnel.In this way,it can improve the enthusiasm of the overage personnel to enter the work position,alleviate the existing pension pressure,and reduce the spending of pension.It can also guarantee overage personnel to realize their own value,narrow the gap between overage personnel and working-age laborers,at the same time,promote the development of society and economy.