| The thesis stands on the shoulders of giants,with the premise that the establishment of labor relations between retired reemployed persons and employers,and that retired reemployed persons are protected by the "Labor Law",the occupational safety faced by such groups Focus on research on the issue of rights,and put forward countermeasures to protect the occupational safety rights of retired and reemployed people.This article is divided into five parts:The first part of the thesis is the introduction.Firstly,it mainly introduces the background and significance of the selected topic;secondly,it conducts a research summary and analyzes the current situation of domestic and foreign research related to this topic;finally,introduces the research methods of the paper.The second part of the thesis is a theoretical analysis of the occupational safety rights of retired reemployed persons.First,analyze the academic definition of the occupational safety rights of retired and re-employed persons,including the connotation of the occupational safety rights of workers,the value analysis of the occupational safety rights of workers,and the analysis of the occupational safety rights of re-employed persons and working-age workers.Differences and special points are analyzed in three parts;secondly,the qualification recognition of retired reemployed workers is analyzed.The main content is to explain the academic recognition of the qualifications of workers and the main reason for the recognition of retired reemployed personnel as qualified workers.Controversy;Finally,analyze the legal attributes of the employment relationship between retired reemployed persons and employers.The mainstream doctrines mainly include five categories: labor relations,labor relations,social insurance,and special labor relations.Through comparative analysis,It is the viewpoint of this article to select the employment relationship between retired and reemployed persons and the employer as a special labor relationship,and on this basis,proceed to analyze occupational safety rights.The third part of the thesis analyzes the legal dilemma of the occupational safety rights of retired reemployed people.First introduce the relevant local cases,analyze the main points of the case,present the current situation of different judgments in the same case and the confusion in the use of the law in judicial practice,and raise the problem of protecting the labor rights of retired reemployers,that is,the current occupational safety rights of retired reemployers The deficiencies of the security system mainly include the confusion of legislative provisions for the identification of legal attributes between retired reemployed persons and employers,the lack of sound legal system provisions for the protection of occupational safety rights of retired reemployed persons,and the lack of preventive content of the occupational safety protection system.The protection of occupational safety rights is inseparable from the application of work-related injury insurance.Therefore,at the end,we will discuss the practical obstacles to the application of work-related injury insurance rights for retired reemployed persons.It is reminded that our country should provide targeted protection to retired reemployed persons in terms of legislation and application of law,so as to meet the basic demands of such groups,avoid disputes,and save limited judicial resources.The fourth part of the thesis puts forward the countermeasures to protect the occupational safety rights of retired reemployed persons.First of all,we must improve the legislation to improve the legislative protection of the occupational safety rights of retired and re-employed persons;secondly,it must be reasonably applied.Due to the particularity of their age and physical fitness,the retired re-employed persons should apply a special labor rights protection system,including strengthening occupational safety.Protection;once again,the responsibilities of employers and related institutions should be clarified.One is to clarify the responsibility of occupational safety rights supervision;the other is to establish a special health system,such as re-physical examination and personal health record before employment,and the third is to conduct pre-job occupational safety education and training The fourth is to complete safety protection measures for special types of work,and the fifth is to strengthen penalties for damaging occupational safety rights;finally,it is necessary to build a relief mechanism for retired reemployed personnel ’ s occupational safety rights,establish a database of relevant information for retired reemployed personnel,and appropriately expand the scope of legal assistance.Establish a public interest litigation system,etc.In summary,through the research of this article,it is found that the occupational safety rights of retired reemployed persons are not fully protected.In fact,it is the identification of the qualifications of retired reemployed employees,the identification of the legal nature of the employment relationship with the employer,and The application of labor law and the protection of labor rights are caused by imperfect legal aspects,that is,there are certain defects and disputes in the premise of protecting the occupational safety rights of retired reemployed persons.But the fundamental reason is the legal aspect,and the content of the legal system is not perfect.At the national level,there is no unified legislative provision and the relevant judicial interpretation is not clear.As a result,the application of relevant laws and regulations in various localities is very subjective and even unreasonable.Therefore,this article first analyzes whether retired reemployed persons have the qualifications of laborers and whether it constitutes a labor relationship.It shows that it is in favor of retired reemployed persons to apply the "Labor Law",and the viewpoints and positions of special labor relations with employers.On the basis of clarifying whether the“Labor Law”is applicable to retired reemployed persons,it analyzes the protection of occupational safety rights,explores the way to protect the occupational safety rights of retired reemployed persons,and proposes corresponding adjustment countermeasures on specific issues of law and application.The protection of the occupational safety rights of retired and re-employed personnel has been specifically implemented. |
