Discussion on the Labor Relationship of Employees beyond the Mandatory Retirement Age
Because of different understandings of the mandatory retirement system and basic pension insurance benefits,it is difficult for academics to accurately characterize the employment relationship of workers who are re-employed beyond the statutory retirement age.This article examines the legal attributes of"retirement"and discusses the relationship between retirement,basic pension insur-ance benefits and labor rights,making it clear that retirement is a legal right of the worker,not exclusive to labor rights,and that pen-sion insurance benefits belong to the field of social security and are not in conflict with labor rights.In determining the labor relations of the workers concerned,the substantive criteria of subordination should be adhered to on the basis of their status as workers.
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