Research On The Legal Application Of Industrial Injury Insurance For Retired Re-employed People

Retirement reemployment is a new form of employment,which has been widely used in many fields of social production.Due to the particularity of the retired re-employed people and the imperfection of the system,the contradiction between whether they can be relieved by the "Work Injury Insurance Regulations" due to their work-related injuries is becoming more and more prominent.Among them,the core legal issues involved are the qualitative legal relationship of the retirement reemployment and the path for the retired re-employed people to apply the work injury insurance.In terms of the nature of the legal relationship of retirement reemployment,the main viewpoints of the academic circle include labor relations,labor relations,illegal employment relations,social insurance standards and special labor relations,and there are different provisions in laws and regulations and different judgments in judicial adjudications.Should clear law does not prohibit retiree engaged in social labor,ability,the ability to have the right to work and work behavior should be sure the subject qualification,laborer and unit of choose and employ persons is employment facts,with the retirement has obvious properties between the retired re-employed people,there are dominant and dominated management relations,combined with the particularity of retired re-employed people and unit of choose and employ persons labor fact,should be retired re-employment formation of the legal relationship as a special labor relations.In practice,there are some difficulties such as the inability of retirees to participate in work-related injury insurance,the identification of work-related injury and the different treatment due to the enjoyment of pension insurance.Industrial injury insurance is to protect the laborer that because be versed in casualties for the state and society help,relevant systems should be based on and purpose to make specific provision,enlarge the coverage of industrial injury insurance,improve the system of industrial injury,the retirement again obtain employment personnel into the security subject not only can solve the problem of casualties from workers of applicable law,at the same time also can reduce the risk of unit of choose and employ persons labor.It is an effective way to coordinate the relationship between the two insurance systems to separate the identification of labor relations from the enjoyment of pension benefits and adjust the proportion of the two kinds of insurance rights and interests.