| At present,the aging process of population in China is deepening,the retirement age boundary is low,and the number of over age workers who choose to continue to work in the original employer or re employment continues to rise.Then,in real life,employers pay too low labor remuneration to over age workers,do not sign a written labor contract,arbitrarily terminate labor relations,refuse to pay compensation for work-related injury insurance and other violations of over age workers’ rights and interests are widespread,and over age workers’ labor disputes emerge one after another.However,at present,the labor legislation of our country does not make clear and specific provisions on the legal issues of over age workers’ employment;Many scholars have different views on the nature of employment relationship of over age workers,and each has its own advantages and disadvantages;In judicial practice,courts in different regions or even in the same region have different judgment basis and different judgment results,which greatly damages the authority and fairness of justice.The author mainly adopts the methods of empirical analysis and comparative research to analyze the labor dispute case between over age workers Huang and a technology company from three aspects: the subject qualification of labor relations,the nature of employment relations and labor rights and interests of over age workers.Finally,in the analysis of the case,the author finds problems and causes thinking,and puts forward some suggestions to protect the legitimate rights and interests of over age workers,In order to reduce the social public’s discrimination and prejudice against over age workers,enhance the legal awareness of over age workers’ rights protection,provide reference for the future legislative and judicial practice to deal with the labor dispute cases of over age workers in a timely and efficient manner,establish a healthy and harmonious labor relations,and promote the prosperity and steady development of the market economy.This paper mainly analyzes from five parts:The first part is the introduction.On the whole,from the research background and other aspects,this paper summarizes the reasons and ideas of choosing to study the labor dispute cases of over age workers.The second part is the introduction of the basic case.This paper mainly introduces the basic facts of the case,the trial process,the opinions of the Municipal Labor Arbitration Commission and the court of first and second instance,and the judgment results.The third part is the focus of this case.Through the analysis,it summarizes the three controversial focuses of this case: first,whether the over age worker Huang has the qualification of labor relations subject;Second,whether the employment relationship of over age worker Huang can be identified as labor relationship;Third,whether the labor rights and interests of over age worker Huang are in line with the law.The fourth part is the analysis of the focus of this case.Focusing on the focus of the dispute,it is concluded that the over age worker Huang has the qualification to establish labor relations,the employment relationship between him and the company belongs to labor relations,and the labor rights and interests of his claim are in line with the law.The fifth part is to expand thinking: to protect the legitimate rights and interests of over age workers to improve the proposal.Based on the analysis of the legal difficulties encountered in the process of the case,the author puts forward some suggestions,such as making up for the legislative loopholes in the employment law of over age workers,following the principles of priority mediation,equal protection,moderate preferential protection,and improving the social security system of over age workers. |
