Due to the different pension insurance benefits enjoyed by the over-age employment groups in China,there is a gray area between the labor relationship and the labor relationship in the identification of labor relations,which affects the protection of the rights and interests of the over-age workers.The di-lemma of this guarantee is rooted in the development mode of urban and rural dual society and the di-chotomy of labor relationship identification.Although relevant provisions have made breakthroughs in in-complete labor relations and the separate purchase of industrial injury insurance by overage employees,there are still limitations in the identification of the boundary and the scope of application.Based on the reflection of existing relevant regulations and judicial practice,the protection of the rights and interests of over-age employment groups should balance the rights and interests of workers and social tolerance,coor-dinate the core interest protection and the development of employment in gray areas,and combine the flexible social insurance mechanism and employer responsibility supervision.Separate legislation on the pro-tection of the rights and interests of the over-age workers,scientifically define the nature of legal rela-tions,purchase social insurance by category,and clarify the legal liability for unilateral termination of la-bor relations.
维普
万方数据