Analysis On Labor Dispute Cases Of Over-Age Employment

More and more overage workers are still working,however,overage workers who do not enjoy the benefits of endowment insurance face a series of problems when labor disputes occur.Comparing the judgment results of 197 overage employment cases in high courts across the country from 2014 to 2018,we found that there are different judgments in the same case.Most courts consider that the employment contract between overage workers and employers is automatically terminated,which is not a labor relationship.This is the mainstream view.However,some courts believe that overage workers who have not yet enjoyed the benefits of endowment insurance and employers are in labor relations.This is a non-mainstream view in justice After analyzing six sample cases and sorting out the court’s judgment,it is found that the differences in judicial practice mainly lie in whether the qualification of the labor subject can be defined by "age".The validity of the labor contract and the legal nature of the employment relationship are important.They involve the protection of rights and interests in employment.Regarding these issues,a unified understanding of the rulings by the district courts is the key to solving such problems.Courts need to understand Article 44 of the Labor Contract Law and Article 21 of the Implementation Regulations of the Labor Contract Law.The labor contract is not automatically terminated,and both parties need to exercise the right to te rminate.If the employer has not exercised the right to terminate,it is considered that both parties want to continue to perform the contract.We cannot deny the labor capacity of overage workers,and overage workers who have not yet enjoyed the benefits of endowment insurance can still establish labor relations with employers.By analyzing the judgment views and theories,we can know that this labor relationship is different from the general labor relationship and should belong to the special labor relation ship.It conforms to the characteristics of standard labor relations,but gives special rights protection to over-age workers.At the same time,the pension insurance system should be coordinated,and over-age workers who have not yet enjoyed the benefits of pension insurance should be included in the social security system.Specific approaches include safeguarding by continuing to purchase social insurance or reducing social security.