我国拟出台新规保障超龄劳动者权益

Core Viewpoint - The Ministry of Human Resources and Social Security has released a draft regulation that establishes basic rights and protections for elderly workers, addressing the increasing number of elderly individuals willing to work as the aging population grows [1]. Rights Definition - Elderly workers are defined as those who have surpassed the legal retirement age. Employers are required to sign written employment agreements with elderly workers, detailing work content, location, hours, duration, rest periods, pay, and social insurance [2]. - The regulation emphasizes that employers should not arrange overtime for elderly workers and must avoid assigning them to hazardous jobs that could affect their health [2]. - The regulation serves as a protective measure for elderly workers, ensuring their core rights are safeguarded [2]. Compensation and Benefits - Employers must clearly define the compensation terms for elderly workers, including payment amounts, cycles, and methods, ensuring timely and full payment in cash at least once a month [2]. - The regulation addresses potential issues of unclear or delayed compensation, ensuring elderly workers receive fair economic returns for their labor [2]. Work-Life Balance - The regulation mandates that employers reasonably arrange work hours and rest periods for elderly workers, generally prohibiting overtime unless strictly necessary [3]. - This provision is crucial for protecting the physical and mental health of elderly workers, preventing overwork [3]. Social Insurance System - Employers are required to enroll elderly workers in work injury insurance and pay the associated fees, ensuring their rights to compensation in case of work-related injuries [4]. - Elderly workers who continue to work while receiving pension benefits will not lose their entitlement to these benefits [4]. - The regulation allows elderly workers to continue contributing to their pension and medical insurance, either personally or through employer deductions [4]. Unemployment Insurance - Elderly workers who do not meet the conditions for pension benefits but qualify for unemployment insurance can apply for benefits according to national regulations [5]. Rights Protection Mechanism - The regulation establishes a comprehensive rights protection mechanism for elderly workers, allowing them to file complaints with human resources and social security departments if their rights are violated [7]. - It includes provisions for labor dispute mediation and arbitration, enabling elderly workers to seek resolution for disputes regarding their rights [8]. - The regulation aims to empower elderly workers, providing them with the confidence and means to assert their rights in the workplace [8]. Employment Promotion - The draft regulation enhances the employment prospects for elderly workers by addressing job suitability, strengthening rights protections, and improving access to grievance channels [8]. - With the implementation of these regulations, elderly workers are expected to contribute more effectively to the economy while realizing their personal value [8].