离退休人员就业权法律保护问题研究

Researching the Questions on the Employment Right of the Retirement Personnel and Its Legal Protection

随着社会经济的迅速发展,我国劳动力人口年龄结构发生了较大变化,身体健康、精力充沛的离退休人员成为劳动力市场一支主要力量。但是,我国劳动力市场现行法律制度只是针对初次就业的劳动者,缺乏保护离退休人员就业权的相关法律规定,使离退休人员就业权受到侵害。因此,我国应构建保护离退休人员就业权的法律制度,使其在公正平等的前提下参与就业竞争,促进社会和谐、稳定、可持续发展。

With the rapid development of social economy, the age structure of our labor force popula tion has had comparatively sweeping change, healthy and energetic retirement persons becomes a main strength of our labor market. But, because the current legal system of our labor market directs the primary employment only which lead to lacking the legal systems relating to the employment right of the retirement personnel. As a result, the employment right of the retirement personnel have been encroached. Therefore, we should formulate the legal system directing to the reemployment retirement personnel, letting them participate in the employment competition under the fair and equal premise, protecting the employment right of the retirement personnel, and promoting social development harmoniously, stably and sustainable.