Study on the Protection of the Labor Rights and Interests of Re-employed Retirees in China

Abstract

China is gradually becoming a population ageing society, and many retirees will return to work. However, China has not promulgated clear and systematic laws and regulations on legal issues such as protecting the labor rights and interests of re-employed retirees. Therefore, studying the protection of the labor rights and interests of re-employed retirees is essential. The legal provisions of the United States, Japan, and the United Kingdom on the protection of the labor rights and interests of re-employed retirees provide us with a good reference. In terms of the legal relationship, the re-employed retirees and employers are a special labor relationship; In terms of labor standards, the law stipulates the minimum wage rate, but the wage rate of re-employed retirees shall also be determined according to the market, and they shall have the rights of the working hour leave and labor protection; The work-related injury insurance shall be applicable to re-employed retirees; Re-employed retirees shall be treated differently in terms of their entitlement to pension insurance. Therefore, China should establish a special institution for managing retirees and databases to better protect the labor rights and interests of re-employed retirees.