老龄化背景下退休再就业人员法律保障研究

Research on the Legal Protection of Retired and Re-Employed Persons under the Background of Aging

随着我国老龄化程度的不断推进,越来越多的退休人员选择再次就业,重新踏入工作岗位。而目前对于退休再就业人员而言,其法律地位没有得到有效确认,在理论界存在很大的争议,在司法实践中也存在同案不同判的情况。在其劳动主体资格暂未得到确认的情况下,存在其自身合法权益无法得到有效的保护等问题亟待解决。所以本文将从当前我国老龄化背景下进行分析,为退休再就业人员法律保护提供一定思路。

With the continuous advancement of China’s aging degree, more and more retirees choose to re-employment and re-enter the workplace. At present, for retired re-employed persons, their legal status has not been effectively confirmed, there is great controversy in the theoretical circles, and there are also cases of different judgments in the same case in judicial practice. In the absence of confirmation of their qualifications as labor subjects, there are problems that need to be solved urgently because their legitimate rights and interests cannot be effectively protected. Therefore, this paper will analyze from the current aging background in China, and provide certain ideas for the legal protection of retired and re-employed persons.