人口老龄化背景下超龄再就业者用工性质的认定
Identification of the Employment Nature of Over-Age Re-Employment People in the Context of the Aging Population

第七次全国人口普查数据显示我国老龄化程度已加快、加深，积极应对老龄化已成为国家战略。在这一背景之下，开发利用老年人资源对于缓解社会养老压力、人才供需矛盾等具有重要意义。关于退休后再就业人员的法律主体地位与劳动权益保护存在立法较为混乱的现象，进而引发了一系列关于超龄就业人员的权益纠纷。超龄再就业人员劳动权益保护已成为我国在积极老龄化政策背景下必须面对和解决的问题。在短期内，应立足现行立法框架探索对超龄劳动者劳动权益的最大化保护；从长远来看，要创新劳动法理论，增强劳动立法的灵活性，梳理劳动法与社会保障法之间的关系确保我国劳动制度适应新形势要求。
Data from the seventh national census show that the degree of aging in China has accelerated and deepened, and actively responding to aging has become a national strategy. Against this background, the development and utilization of resources for the elderly are of great significance to alleviate social pension pressure and the contradiction between the supply and demand of talents. There is a relatively chaotic legislative phenomenon regarding the legal subject status and labor rights and interests protection of re-employment after retirement, which has triggered a series of disputes over the rights and interests of over-age employees. The protection of the labor rights and interests of over-age re-employed people has become a problem that China must face and solve under the background of an active aging policy. In the short term, we should explore the maximum protection of the labor rights and interests of overage workers based on the current legislative framework. In the long run, it is necessary to innovate the labor law theory, enhance the flexibility of labor legislation, and sort out the relationship between labor law and social security law to ensure that China’s labor system and adapts to the requirement of the new situation.