The Legal Dilemma of the Labor Right Protection in Reemployment after Retirement and its System Response ——Taking Active Aging as the Field of Vision
Yuan Wenquan, Zhang Yawei
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School of Law,Chongqing University,Chongqing 400044, China
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Received
Published
2020-07-10
2020-09-20
Issue Date
2020-09-20
Abstract
With the intensification of population aging and the improvement of the comprehensive quality of the new elderly generation, the value of the elderly has received increasing attention, and the phenomenon of reemployment after retirement has presented an increasingly common tendency in China. Based on the analysis of the realistic demand of social development and the legal right construction of the civil labor rights, the labor rights and interests protection of the reemployed retired people has become a new issue that must be faced and solved under the background of the implementation of China’s active aging policy. From the short-term point of view, it is necessary to explore the maximum protection of the labor rights and interests of this group under the current legislative framework. From the long-term point of view, it is necessary to respond to social concern and epochal demand, to make innovation and development on the basis of the theory and practice of the labor law, to enlarge the scope of the main body of labor legislation, enhance the flexibility of labor legislation, to readjust and reconstruct the relationship between the labor law and such basic legislation as the social security law, and to resolve the contradiction in the making of different laws. It is a rational choice for China’s labor system legislation to adapt to the requirements of the new situation and give full play to the guidance of the law and normalize its acting path.
Yuan Wenquan, Zhang Yawei.
The Legal Dilemma of the Labor Right Protection in Reemployment after Retirement and its System Response ——Taking Active Aging as the Field of Vision[J]. Journal of Peking University (Philosophy and Social Sciences), 2020, 57(5): 131-140