当前我国超龄就业法律问题研究

Researches on the Legal Issues of Overage Employment in Current China

超龄就业已成为当今社会中的常见现象,而我国理论界与实务中对这一就业现象所产生的法律关系性质的界定仍存在较大分歧。劳动者达到法定退休年龄或者享受养老保险待遇后,适龄劳动关系依法终止。但继续选择就业的超龄人员仍然可以与用人单位建立非标准劳动关系。针对司法实践中超龄就业存在的劳动基准不一、工伤赔付难等问题,可以通过统一劳动基准保障、建立弹性退休制度、完善工伤保险体系、扩大劳动争议受理范围及加强政府引导等途径进行法律救济。

Nowadays, overage employment has become a common phenomenon in our society. However, there are still some differences in the definition of the nature of the legal relationship between this phenomenon in theory and practice in China.After the laborer exceeds retirement age or enjoys pension insurance benefits, the labor relation is terminated in law.Nevertheless, overage laborers who continue to participate in labor can still establish over-age labor relations with employers.Problems related to over-age employment in the judicial practice, such as different labor benchmarks and difficulties in compensation for work-related injuries, can be solved through unifying the labor protection system, establishing flexible retirement system, perfecting work-related injury insurance system, expanding the labor dispute acceptance, and strengthening government guidance etc.