Research On The Legal System Of Employment For The Elderly In Japan

With the rapid development of social economy and science and technology,the average life span of human beings is increasing.When the aging is gradually increasing,many countries are still facing the danger of having fewer children.The reduction of fertility rate and fertility willingness represents that the future social labor force may gradually decrease.In the case of aging of children,social security in many countries is facing the crisis of pension shortage and insufficient pension payment.Therefore,reemployment of the elderly has become a trend in many countries in the world.Japan,a neighboring country with only a strip of water in China,has suffered from the problem since the 1970 s.The working age population has been decreasing,but the number of employed people has been increasing in recent years.One of the main sources of new labor force is the employment of the elderly.Behind such data,Japan’s perfect legal system of elderly employment contributes a lot.Therefore,it is particularly necessary to study the legal system of Japanese elderly employment in order to construct the legal system of Chinese elderly employment.This paper starts with the employment dilemma and breakthrough of the elderly workers in Japan,mainly from the two aspects of Japan’s labor policy and the subsidy and security policy for the elderly in Japan’s social insurance law.Secondly,it combs the current legal system of employment for the elderly in Japan,and introduces the most prominent legal provisions on promoting employment for the elderly of different ages.Thirdly,it explores the legal system of aging social security behind the legal system of Japan’s elderly employment in detail,starting from two parts of Japan’s endowment insurance and unemployment insurance.The later chapter discusses the relevant legal provisions of prohibiting age discrimination in Japan’s elderly employment,and expounds the development process of Japan from allowing age discrimination to explicitly prohibiting age discrimination.At the end of this paper,the author lists the legislative trend of the employment law for the elderly in China,and puts forward several suggestions to promote the construction of the system step by step.The author thinks that the legislation of labor employment and social security for the elderly after retirement in China is basically in a blank state,and the nature of reemployment for the elderly after retirement is also vague,According to the current judicial practice,it is not conducive to the labor protection of the elderly to identify the reemployment of the elderly after retirement as "labor relations" across the board.In this regard,we should moderately relax the restrictions on labor contract and labor relations in the employment of the elderly,and allow the elderly to work in the form of diversified and flexible contracts in the process of employment.Even under the current legal framework,the labor law can not protect the parties to this kind of contract,but it can also apply the contract law to restrict the employing units,so as to protect part of the rights and interests of the elderly and encourage the elderly group to work.At the same time,we should speed up the construction of a flexible and rigid legal system for the employment of the elderly,and make separate legislation on the employment of the elderly as soon as possible.Through the detailed elaboration and legal induction of the legal system of the elderly employment in Japan,this paper hopes to form a reference and Enlightenment for the construction of the legal system of the elderly employment in China.