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改革开放30年,我国社会经济得到了迅猛的发展。一方面,我国人口结构发生了变化,老龄化加速;另一方面,产业结构也发生了巨大变化,脑力劳动比重迅速上升,就业者年龄对职业的影响下降。因此,实践中出现了很多已达法定退休年龄,本应颐养天年的劳动者仍然在各自的岗位上发光发热,随之也出现了很多劳动纠纷。但是由于法律法规规定的不一致,导致在司法实践中存在着对已达退休年龄的劳动者与单位之间的“劳动”关系的认定存在很多问题,不同的法院对此做法不一。因此,分析这一劳动领域的特殊关系对实务具有重要意义。
In the 30 years of reform and opening up, China’s social economy has witnessed rapid development. On the one hand, the population structure of our country has undergone changes and the aging has accelerated; on the other hand, the industrial structure has undergone tremendous changes. The proportion of mental labor has risen rapidly and the influence of the age of employed people on the occupation has been declining. Therefore, in practice, many people who have reached the statutory retirement age have been accustomed to keeping their old age and are still glowing in their respective posts, accompanied by many labor disputes. However, due to the inconsistency between the laws and regulations, there are many problems in the judicial practice in cognizance of the “labor ” relationship between the employees and the units that have reached the retirement age. Different courts have different opinions. Therefore, analyzing the special relationship in the field of labor is of great significance to practice.