Analysis On Legal Issues Of Industrial Injury Cognizance Disputes Of Over-aged Migrant Workers

With the deepening of the aging of our country’s population,the number of elderly people in the migrant worker group has increased accordingly.This part of the "over-aged" migrant workers have been injured frequently due to work,and there have been more and more disputes with employers.How to define the employment legal relationship between "overage" migrant workers and employers? Can “over-age”migrant workers get injured due to work-related injuries in accordance with the "Work Injury Insurance Regulations" ? The above two issues are not clearly defined in my country’s law at present,and there is a lot of dispute between theory and practice.“ Over-aged ” migrant workers often do not have the conditions for obtaining pension insurance benefits or receiving pensions for residents or urban employees because they are migrant workers,and they only receive rural pension insurance based on their agricultural household registration.Whether the legal relationship between“over-aged” migrant workers and employers who have already enjoyed the benefits of rural pension insurance applies to the provisions of the “Interpretation(3)”,there are also major disputes in the practice trial.The dilemma of unclear legislation and inconsistent judicial system has led to different applicable standards for whether“over-aged” migrant workers across the country can be identified as work-related injuries due to work-related injuries,and different judgments in the same case occur from time to time.If things go on like this,it will not only disadvantage “over-aged”farmers The protection of the rights and interests of work-related injury insurance also undermines the national judicial authority.Therefore,it is necessary to clearly define the employment legal relationship between “over-age” migrant workers who have already enjoyed rural pension insurance and employers,and clarify whether“ over-age ” migrant workers are included in the scope of work-related injury insurance.This article is divided into four parts:The first part is the introduction.This part first clarifies the background and significance of the research on the identification of "over-age" migrant workers,analyzes the current status of the research on the identification of "over-age" migrant workers in my country,and summarizes the relevant research that this article will study on this basis.The main content of "overage" migrant workers’ work injury identification and the theoretical and practical significance of carrying out this research are listed three main research methods used in this article.The second part is the brief introduction of the case and the focus of the dispute.This part starts from the case of “over-aged” migrant worker Mu Wanding’s work-related injury identification dispute.In the case of migrant workers in cities who have exceeded the statutory retirement age of 60 at the time of a work-related accident and have enjoyed rural endowment insurance benefits in accordance with the law,whether there has been de facto labor between them and the employer and whether the "Work Injury Insurance Regulations" can be applied Relevant regulations have two controversies regarding the identification of work-related injuries.The third part is the legal analysis of the focus of the dispute in this case.This part first provides a relevant overview of the “overaged” migrant workers,labor relations,the scope of work-related injury insurance and the identification conditions for work-related injuries involved in this article,as well as the basic concepts and definitions of my country’s endowment insurance system.Study the issues reflected in the focus of the dispute and analyze the legal issues reflected behind the focus issues,and analyze the current judicial judgment dilemma of "over-age" migrant workers in my country.The fourth part is the legal thinking triggered by this case.This part is based on the theoretical summary of the above-mentioned main issues,the analysis of the legislative and judicial dilemmas,based on the actual national conditions of our country,from clarifying the qualifications of the "over-age" migrant workers as the subject of labor relations,and unified labor On the basis of the standards for determining the relationship,it is proposed to legislate to clarify the employment legal relationship between “over-age” migrant workers and employers;to make clear the“over-age” migrant workers’ qualifications based on the legislative qualifications of “over-age” migrant workers."Improving suggestions for the inclusion of migrant workers in the scope of application of the main body of work-related injury insurance;from Mu Wanding’s application for work-related injury certification,the complexity of the work-related injury relief procedures has been exposed,and suggestions for simplifying the legal procedures for "over-age" migrant workers’ work-related injury recognition have been proposed.