| Our country is a big labor resources country,with the development of social and economic,the average life of population continuously extends,labor ability continuously improves,batches of overage personnel return to the post again,choose to continue to participate in work successively,the pursuit of individual value and the unity of social value,give full play to own waste heat.The development and utilization of overage human resources play a positive role in promoting economic development,but it is difficult to properly solve the problem of protection of industrial injury rights and interests.It is difficult for overage personnel to recognize industrial injury and enjoy the due treatment of industrial injury insurance,and it is difficult to protect their employment rights and interests.By introducing two opposite typical cases,this paper explains what difficulties still exist in the identification of industrial injury of overage personnel at the present stage,analyzes the causes of the difficult identification of industrial injury,and finally explores the practical and effective path for the protection of industrial injury rights and interests of this special group.Through writing this article,the following core conclusions are drawn: the overage personnel should be included in the field of labor law to protect,so as to be recognized as industrial injury.Retirement age should not be a necessary condition to limit workers.Over-age workers should establish a labor relationship with the employer.Once a safety accident occurs,the pension or social pension will not be affected under the premise of enjoying the protection of the industrial injury system.The primary cause is as follows: First of all,whether to choose reemployment or not should not be linked with workers exceeding the statutory retirement age,and exceeding the statutory retirement age cannot be identified as a barrier to reemployment;Secondly,the over-age personnel are prone to industrial accidents in the employment relationship.Once they cannot obtain the corresponding industrial injury insurance treatment,it will lead to the over-age personnel’s confidence in re-employment.Third,the labor law should give special protection to the over-age workers.The over-age workers should not be excluded from the labor law simply by enjoying pension insurance or receiving pension.Overage workers become workers and thus recognized as work-related injuries,which should be protected in the field of labor law.This not only solves the practical problem of difficult identification of work-related injuries for overage workers,but also responds to the social concerns of overage workers.Through various institutional arrangements,the phenomenon of "the same case with different sentences" in judicial practice can be gradually resolved,so as to maintain social justice and promote social harmony. |
