论文部分内容阅读
对退休再就业人员应当适用劳动法进行调整和保护。退休人员再就业有其客观经济动因且更需要劳动法的特殊保护。法理上,退休再就业人员符合劳动关系从属性以及劳动法上劳动者之特征。从域外经验看,退休人员再就业员并不必然因达到退休年龄或参加养老保险而被排除出劳动法适用范围。在对退休再就业人员适用劳动法时还需注意社会保险、补偿金等个别条款的限制适用或排除适用的问题。
Retirement and re-employment should apply the labor law to adjust and protect. Retirees have their objective economic motives for reemployment and they even need the special protection of labor law. Legally, retired and reemployed persons conform to the attributes of labor relations and the characteristics of workers in labor law. Judging from the extraterritorial experience, the reemployed reemployers are not necessarily excluded from the scope of labor law by reaching the retirement age or participating in endowment insurance. When applying the Labor Law to retired and reemployed persons, it is also necessary to pay attention to the restrictions on the application of individual provisions such as social insurance and compensation, or to exclude the applicable ones.