Communications in Humanities Research
- The Open Access Proceedings Series for Conferences
Communications in Humanities Research
Vol. 26, 03 January 2024
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Re-employment of the Young-Old People in China: Reflection on the Legal Protection
* Author to whom correspondence should be addressed.
Abstract
In the context of population ageing, young-old people aged 60-69 are considered the main force in the re-employment strategy in China. However, dilemmas exist in the reality. After a summary of previous researches, it is clear that young-old people have less job opportunities and get less salary compared with their younger competitors. Moreover, there is no work-related safeguard for these workers. To further explore the issue, this article focuses on the current legal system and theories in the academic field as to the recognition of labor relationship and prohibition of age discrimination. It turns out that, retirement as an obligation has blocked recognizing labor relations in a natural and reasonable manner by disregarding the parties' autonomy and the natural characteristics of labor relationship; On the issue of age discrimination, the meaning and role of age discrimination in the current legal system are still not clear. Combined with experience learned from Japan, suggestions can be further given: Retirement should no longer be ruled as an obligation as it is not in line with the reality; On this basis, the recognition of labor relationship should be reset with a purpose of respecting parties' autonomy and following natural characteristics of labour relations; All the young-old workers should be equipped with work-related injury insurance as inclined protection of elderly people. Furthermore, the importance of regulations on age discrimination in line with other measures is usually underestimated. In order to achieve substantive equality in the workplace, the author holds that the judgement standard of age discrimination should be clarified as soon as possible and an age discrimination review system and a punishment mechanism should be established.
Keywords
Re-employment, Labour relationship, Legal protection, Age discrimination
References
1. World Health Organization,(2002)Active Ageing:A Policy Framework.
2. National Bureau of Statistics of China,(2022), Bulletin of the seventh Census.
3. World Health organization,(2021)Global report on ageism.
4. Jianwen Wang, (2020)Research on the Phenomenon of Different Pay for the same Work in the re-employment of the Retired Elderly -- Based on an Empirical Analysis of CHIP2013,Human Resources,1,141-142.
5. Fan Wei,(2020)From Exclusion to Promotion: Reflections on the Transformation of Employment Regulations for Elderly Workers in China,Journal of China University of Labor Relations,2,43-59.
6. Zengyi Xie, (2013)Retirement age and application of Labour law,Comparitive Legal Review,3,39-50.
7. Jianfei Li,(2012)Jurisprudential and institutional changes from employment contracts to labour contracts,Legal and Institutional Transition from Employment Contract to Labor Contract,China Legal Science,3,103-114.
8. Lanqiu Yao,(2009)On the legal relations of overage workers' re-employment.Journal of China University of Labor Relations,4,30-34.
9. Xiubao Yu,(2018)Legal protection of overage workers——Judicial status, theoretical reflection and institutional arrangement,Tribune of Economic Law,01,156-170.
10. Guangyu Ding,(2008)The identification of the nature of the employment legal relationship of over-age workers,Academic Journal of Zhongzhou,3,74-78.
11. R. Butler,(1975)Why Survive? Being Old in America,Harper &Row.
12. Xiaoming Lu,(2021)The Protection of the Rights and interests of the elderly Workers from the Perspective of active aging,Legal Forum,4,120-128.
13. Japan Institute for Labor Policy and Training,(2014)Japanese Working Life Profile 2014 Labor Statistics.
14. Lili Xie,Wenting Han(2022)Policies to Promote the Employment of Older Adults in Japan:Reform and Its Enlightenment to China,Population&Ecnomics,6,77-92.
15. Wenquan Yuan, Yawei Zhang,(2020)The Legal Dilemma of the Labor Right Protection in Re-employment after Retirement and its System Response ——Taking Active ageing as the Field of Vision,Journal of Peking University( Philosophy and Social Sciences),5,131-140.
16. Shuhong Yu,(2017)Research on Employment promotion of elderly workers under the background of ageing,Wuhan University Journal(Philosophy & Social Sciences),5,30-41.
17. Lulu Zhou,(2022)Legal Protection of the Elderly's Right to Work: A Comparative Analysis based on Laws against Age Discrimination in Employment,Human Rights,03,82-101.
18. David B. Oppenheimer,Sheila R. Foster, Sora Y. Han, Irvine and Richard T. Ford, (2020)Comparative Equality and Anti-discrimination law,3rd Edition.
Data Availability
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- Volume Title
- Proceedings of the 2nd International Conference on Interdisciplinary Humanities and Communication Studies
- ISBN (Print)
- 978-1-83558-255-8
- ISBN (Online)
- 978-1-83558-256-5
- Published Date
- 03 January 2024
- Series
- Communications in Humanities Research
- ISSN (Print)
- 2753-7064
- ISSN (Online)
- 2753-7072
- DOI
- 10.54254/2753-7064/26/20232040
- Copyright
- 03 January 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited