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超龄人员再就业逐渐常态化,同时也出现了超龄人员在用工期间是否享受工伤保险待遇的问题。目前我国立法对此尚未进行明确的规定,在司法实践中,各地适用标准不一,出现不同的判决结果。超龄人员与用人单位之间存在劳动关系的事实,无论从劳动者的主体资格还是劳动者与用人单位的从属性均可得出上述结论。即超龄人员因工受伤时理应认定为工伤,适用《工伤保险条例》的规定。同时立法进一步明确超龄人员与用人单位的劳动关系,完善相关制度,保障超龄人员再就业过程中的劳动权益。
The re-employment of over-aged staff has gradually become more and more normalized. At the same time, the issue of whether over-working staff enjoy the benefits of work-related injury insurance during their employment period has also emerged. At present, our country's legislation has not yet made a clear provision on it. In the judicial practice, different applicable standards prevail in different places, resulting in different judgments. The above conclusion can be drawn from the fact that there is a labor relationship between the over-aged staff and the employing unit in terms of the main qualifications of the laborer and the dependency of the laborer and the employing unit. That is, overworked workers should be considered as work-related injuries due to work injury, the provisions of the “Industrial Injury Insurance Ordinance.” At the same time, the legislation further clarifies the labor relations between the over-aged personnel and the employing units, improves the relevant systems and protects the labor rights and interests during the re-employment of over-aged personnel.