Research On The Protection Of Labor Rights And Interests Of Retired Reemployees

Since the beginning of the 21st century,major economies around the world have entered into an aging society,and China is no exception.With the development of an aging society,the labor market would make a spontaneous adjustment to the shortage of the labor force.And one of these adjustments is to encourage workers who have retired to return to work which has made the re-employment of retirees become a relatively new way of employing workers in the labor market.As the re-employment of retirees has become the norm in the labor market,it is nothing new for the re-employed retirees facing with their rights and interests being violated in the labor process.It reflects that there are still some loopholes in the protection of labor rights and interests of the relevant personnel under the laws of China.The reason is that the laws of China fail to stipulate the clear provisions on the status of the re-employed retirees as labor subjects.As for the subject status of the re-employed retirees,the academic and judicial circles in China fail to reach a consensus generally therefor.As a result,the re-employed retirees often do not know whether they can claim their rights when their rights and interests are infringed by the laws because they cannot confirm the relevant legal provisions.Even if they consult the relevant legal practitioners,they would get different answers which makes it extraordinarily difficult for re-employed retirees to defend their labor rights through legal means.The paper is divided into five parts:In the first part,it firstly introduces the state quo of the aging society encountered by China,and proposes to alleviate the impact of aging on the labor force aspect by the reemployment of retirees.Secondly,through the research for this paper,the legal concept of retirement can be further explored from the theoretical aspect and the relationship between labor law and social insurance law can be further explored.After that,the relevant academic frontiers of current domestic and foreign scholars are introduced.The research scope and methodology of this paper are also explained.Finally,the innovative points of this paper based on the research of various scholars are introduced.The second part firstly sorts out the re-employment of retirees from a theoretical perspective,so as to analyze the concept of re-employed retirees.It also distinguishes the re-employed retirees by the criteria of re-employment unit and whether they enjoy pension insurance or not.After that,it is derived that there are three main characteristics of re-employed retirees: their subjects have special characteristics;the comprehensive nature of their labor rights and interests;and the subjects of their obligations are diversified.It is also argued that the protection of the labor rights and interests of the re-employed retirees is not only based on legal theories,but also the necessary for the livelihood guarantee of the retirees.In the third chapter,it introduces the current problems about the labor rights and interests encountered by the re-employed retirees,which mainly include the unequal legal relationship between parties of the re-employment of the retired,the inconsistent application of laws to the re-employed retirees at the level of judicial practice,the re-employed retirees failure to enjoy judicial and administrative remedies,and the re-employed retirees failure to enjoy work injury insurance protection and standard labor rights and interests.The main reasons are that the re-employed retirees are not the qualified workers,the relevant legal provisions fail to set out the relevant contents clearly,as well as the negative influence of social attitudes and the shortage of their own rights awareness failed to be coped therewith.The fourth part compares and sorts out the legal systems of foreign countries in connection with the protection of labor rights and interests of the re-employed retirees which mainly introduces the relevant legal measures to protect the labor rights and interests of re-employed retirees in the United States,the United Kingdom and Japan.It also analyzes their characteristics and draws the inspiration that the protection of labor rights and interests of re-employed retirees shall conduct the special legislation at the legislative level and carry out the adjustment to the labor benchmarks for the re-employed retirees,the corresponding adjustment to pension insurance benefits for the re-employed retirees,include the re-employed retirees in the scope of work injury insurance,and set up the special agencies.The fifth part proposes suggestions to improve the labor rights and interests protection for the re-employed retirees from the long-term and short-term perspectives.From the long-term perspective,it is a more desirable solution to confirm the labor status of re-employed retirees through legislation.In the short term,it shall unify the applicable legal standards for the re-employed retirees,improve the judicial remedies,set up a special agency,develop the protection system for the labor rights and interests of the re-employed retirees,improve the work injury insurance system,and introduce the correpsonding commercial insurance mechanism.