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已过退休年龄的超龄劳动者,劳动成本低廉,为用人单位所青睐。招用超龄农民工、聘用离退休人员等现象在企业已十分普遍。我国《劳动合同法实施条例》规定:劳动者达到法定退休年龄的,劳动合同终止。那么,用人单位录用超龄劳动者,双方成立什么法律关系?超龄劳动者因工受伤,能否成为认定工伤范围的主体并享受工伤保险待遇?
Over-aged workers who have passed the retirement age have low labor costs and are favored by employers. The phenomenon of employing over-aged migrant workers and employing retirees has become very common in enterprises. China’s “Labor Contract Law Implementation Regulations” provides that: workers reach the statutory retirement age, the termination of the labor contract. So, employers hired overworked workers, the two sides to establish legal relationship between the two overworked workers due to work-related injuries can become the subject of the scope of work-related injuries and enjoy work-related injury insurance?