Research On Legal Protection Of Labor Rights Of Elderly Workers

Based on the labor rights and interests of the elderly workers,this paper explores the dilemma of the labor rights and interests of the elderly workers and the reasons behind the dilemma,and then puts forward the suggestion of perfecting the labor rights and interests of the elderly workers in our country.With the proportion of the elderly population in the total population increasing year by year,our country has entered the aging society.The labor market under the aging society generally reflects the negative characteristics of the shortage of new labor force,under the efficiency of labor,and slow change of labor force.One viable way for countries to address labor shortages generally further taps the potential of the labor market,one of which is the development of human resources for the elderly.One of the topics of the development of the old age human resources is how to protect the labor rights and interests of the elderly workers.By describing the characteristics of this group of elderly workers,this article further divides the elderly workers into two categories: older migrant workers and retired returnees.The rights and interests of the two groups of people under different employment scenarios are also different.Generally speaking,there are several major difficulties in protecting the labor rights of older workers: the lack of protection of equal employment rights,the difficulty of claiming the right to equal pay for equal work,and the difficulty to pay for work injury rights.Based on the analysis of the current situation,the reasons for the difficulty in realizing the labor rights of older workers are mainly due to the lack of relevant legislation,difficulties in judicial protection,and deviations in social concepts.The lack of sound relevant legislation is characterized by vague legislation,which makes it difficult for the specific rights of senior workers to be claimed.Old-age workers themselves are not a legal concept,so there is no direct provision on the old workers in the existing law.Therefore,the protection of rights and interests such as equal employment of elderly workers can only invoke the general provisions of labor law for workers,general provisions generally describe more vague,the principle of the provisions and so on.It is difficult for senior workers to invoke these rules to assert their rights and interests.The difficulty of judicial protection mainly lies in the difficulty of determining the labor relationship between the old workers and the employer,and the court also has no uniform standard of adjudication for this problem.This paper analyzes the shortcomings of the legal relief mechanism,the standard of adjudication and the implementation of compensation for work-related injuries to explain the difficulties of judicial protection of the labor rights and interests of the elderly workers.Finally,this paper discusses the relevant suggestions for the protection of the rights and interests of the elderly workers in Our country.The protection of rights and interests is not only the starting point of studying the legal problems of the elderly workers,but also the ultimate goal.Facing the broadness and diversity of workers’ rights and interests protection,I think that the protection of the rights and interests of senior workers should be comprehensively laid out to provide multi-faceted protection.Under the premise of highlighting the status quo of the special workers of the old workers,the author puts forward the suggestion of protection in view of the dilemma and the present situation of the protection of their labor rights and interests.