超龄劳动者用工法律关系的认定——基于刘某诉某餐饮分公司劳动争议案的研究

The Legal Identity of Overage Workers' Employment Relationship with Their Employer

由于各种原因,社会上大量存在超过法定退休年龄的人员持续就业的情形,随之而起的超龄劳动者用工及不断因其引发的劳动纠纷日渐增多,理清劳动关系、统一裁判标准,对于解决超龄劳动者用工纠纷问题具有重大现实意义。本文通过现实典型案例,从实务源头着手,层层揭开超龄劳动者用工问题的本质,并结合其特殊性就相应制度及法律适用完善提出研究意见。

With the accelerating pace of urbanization, the surplus rural labor force in our country is constantly flocking into cities to look for employment opportunities. There are many situations in the society where people who exceed the legal retirement age continue to employ. The large number of over-aged laborers in reality and the continuous increase of labor disputes caused by them have clarified the labor relations and unified the judgment standards. This has important practical significance for resolving the problem of employment disputes among overaged workers. Through real-life cases, we started from the source and unveiled the essence of overtime laborers＇ employment problems, and combined their specialties to put forward research opinions on the improvement of corresponding legal systems.