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加强人社法律制度建设 夯实超龄劳动者权益保障法治基础
Ren Min Ri Bao· 2025-07-31 22:01
Core Viewpoint - The introduction of the "Interim Regulations on Basic Rights Protection for Older Workers" is essential to safeguard the rights of older workers and implement the national strategy for actively addressing population aging [1][2]. Summary by Sections Definition of Basic Rights - The regulations aim to reasonably define the scope of basic rights for older workers, ensuring their employment rights and labor rights are protected, and clarifying the responsibilities of employers regarding remuneration, labor protection, and safety [1]. Basic Labor Standards - The regulations establish basic labor standards without significantly increasing the burden on employers, including requirements for written employment agreements, timely payment of at least the local minimum wage, and reasonable work hours based on the characteristics of older workers [1]. Occupational Safety and Health - Employers are mandated to fulfill their responsibilities regarding safety production and occupational health, ensuring the safety and health of older workers, and including them in the scope of workers' compensation insurance [2]. Pension and Medical Insurance Coordination - The regulations address the coordination of pension and medical insurance for older workers, allowing those who have not met the minimum contribution period for pensions or medical insurance to continue paying social insurance fees individually or through employer contributions [2]. Access to Rights Protection Channels - The regulations enhance the channels for older workers to resolve rights disputes by incorporating their basic rights into labor protection supervision and labor dispute mediation and arbitration, providing more efficient access to rights protection [2].
【新华解读】保障超龄劳动者权益!我国拟出台新规
Xin Hua She· 2025-07-31 15:20
Core Points - The Ministry of Human Resources and Social Security has released a draft regulation that clarifies the basic rights and protections for elderly workers, providing a legal basis for their rights protection [1][2] - The draft regulation requires employers to sign written employment agreements with elderly workers, detailing work conditions and ensuring no overtime or hazardous work is assigned [1] - Elderly workers will now be included in the workers' compensation insurance system, ensuring their rights to compensation in case of work-related injuries [1][2] Group 1 - The draft regulation addresses the legal protection gaps for elderly workers who previously faced difficulties in asserting their rights due to unclear legal frameworks [1] - Employers are mandated to provide written agreements that outline various employment terms, including work hours, pay, and social insurance [1] - The regulation emphasizes that elderly workers can continue to receive their pension and medical insurance benefits while working, without affecting their entitlements [2] Group 2 - The draft regulation includes provisions for monitoring and protecting the rights of elderly workers against issues like wage theft and insurance evasion [3] - It establishes a multi-departmental collaborative mechanism to ensure the enforcement of elderly workers' rights, aligning with national strategies to address population aging [3] - The regulation aims to create a supportive environment for elderly individuals who wish to continue working, allowing them to contribute their skills and experience [3]
事关超龄劳动者基本权益保障 人社部公开征求意见
Zheng Quan Shi Bao· 2025-07-31 14:02
意见反馈截止时间为2025年8月31日。 据人力资源社会保障部7月31日消息,为保障超龄劳动者基本权益,人力资源社会保障部、国家卫生健康委、应急管理部、国家税务总 局、国家医保局共同研究起草了《超龄劳动者基本权益保障暂行规定(公开征求意见稿)》,现向社会公开征求意见。 第三条【部门职责】 各级人力资源社会保障、卫生健康、税务、医疗保障、负有安全生产监督管理职责的部门、工会、企业代表组织 等部门和组织应当按照职责,优化政策措施,强化工作协同,共同做好超龄劳动者权益保障工作。 超龄劳动者基本权益保障暂行规定 (公开征求意见稿) 第一条【立法目的】 为了保障超过法定退休年龄的劳动者的合法权益,明确用人单位与劳动者的权利和义务,根据《全国人民代表大 会常务委员会关于实施渐进式延迟法定退休年龄的决定》及有关法律规定,制定本规定。 第二条【适用范围】 中华人民共和国境内的用人单位招用超过法定退休年龄的劳动者(以下简称超龄劳动者),超龄劳动者受用人单 位的劳动管理,从事用人单位安排的有报酬的劳动,适用本规定。 符合规定已提前退休的劳动者,退休后被用人单位招用的,依照本规定执行。 第四条【就业岗位和服务】 鼓励用人单位根据超 ...
人力资源社会保障部:加强对超龄劳动者获得劳动报酬、工伤保障等基本权益的保障
Yang Shi Wang· 2025-07-31 09:42
央视网消息:据人力资源社会保障部网站消息,为保障超龄劳动者基本权益,人力资源社会保障部、国 家卫生健康委、应急管理部、国家税务总局、国家医保局共同研究起草了《超龄劳动者基本权益保障暂 行规定(公开征求意见稿)》(以下简称《规定》),现向社会公开征求意见,意见反馈截止时间为 2025年8月31日。《规定》中的超龄劳动者指的是超过法定退休年龄的劳动者,《规定》聚焦超龄劳动 者实际需求,明确基本权益保障内容,加强对超龄劳动者获得劳动报酬、休息休假、劳动安全卫生、工 伤保障等基本权益的保障,畅通争议处理渠道,明确超龄劳动者可以通过劳动争议调解仲裁、向人民法 院起诉、向人社部门投诉等方式维护自身合法权益。 ...
司法助力“老有所为”(以案说法)
Ren Min Ri Bao· 2025-05-14 22:20
Core Viewpoint - The article emphasizes the importance of protecting the rights of elderly workers in China, highlighting recent judicial cases that affirm their legal rights and the need for continued support in the workforce [1][9]. Group 1: Legal Cases Involving Elderly Workers - A case involving an elderly security guard who died from a work-related incident was recognized as a work injury, affirming that elderly workers are entitled to the same protections under the Work Injury Insurance Regulations [2][3]. - In another case, an elderly cleaner injured in a traffic accident was awarded compensation for lost wages, as the court ruled that age does not limit the right to claim for lost income if the individual was actively working [4][5]. - A retired saleswoman who was dismissed after being re-employed was entitled to her wages and commissions, as the court found the dismissal unjustified and affirmed the rights of elderly workers to receive fair compensation [7][8]. Group 2: Trends and Judicial Initiatives - There has been a noticeable increase in cases related to the rights of elderly workers, particularly in labor remuneration disputes and work injury claims, with a concentration in manufacturing, construction, and service industries [10]. - The Supreme Court has issued judicial recommendations to enhance the protection of elderly workers' rights, addressing issues such as the nature of employment relationships and the challenges in recognizing work injuries for elderly workers [11]. - Future efforts will focus on improving case guidance, issuing judicial interpretations, and enhancing public awareness of the legal rights of elderly workers to ensure their continued participation in the workforce [12].