Study On The Application Of Industrial Injury Insurance For Retired Re-employed Persons

In the context of high-quality development,retirement and reemployment are increasingly becoming a new and common form of labor employment.At this stage,in the field of labor law,the nature of the legal relationship between retired and re employed persons is unclear,there are contradictions and differences in legal provisions,making the labor status of retired and re employed people unclear.Therefore,as the main body of the social production market,there are many obstacles for retired and re employed people to apply industrial injury insurance.The current labor law and social security law adopt a binding model of industrial injury insurance and labor relations,it is difficult for workers to participate in industrial injury insurance due to their vague identity.Besides,the lack of smooth connection between justice and administration has hindered the relief channels for retired and re employed workers’ industrial injury insurance rights.The administrative department follows the narrow interpretation of "employees" in the Regulations on Industrial Injury Insurance,exclude retired and re employed groups that cannot be identified as having a clear labor relationship from the scope of application of industrial injury insurance,at the level of rights relief,the judiciary and the executive branch are often accompanied by differences,the procedure of judicial relief is cumbersome and time-consuming.Because the nature of the work of retired and re employed persons is not substantially different from standard labor,the rights and interests protected by industrial injury insurance are closely related to the employment process,therefore,it is naturally reasonable and necessary for this group to obtain work-related injury insurance relief.The original intention of industrial injury insurance is to provide assistance to workers who are injured at work,supporting systems and practical measures should be appropriate to this original intention,it is possible to optimize the retirement age and related systems,unbinding labor relations and industrial injury insurance,strengthen the connection between the judicial and administrative fields and explore the applicable path of single work injury insurance.