Core Viewpoint - The article discusses the challenges faced by "aged workers" in terms of legal identity, rights protection, and legal remedies, highlighting recent regulatory changes aimed at improving their rights [1][2][4]. Group 1: Current Challenges - Aged workers face unclear legal identities and lack of rights protection, often not recognized as having a labor relationship with employers [2][3]. - The existing labor laws create barriers for aged workers to establish labor relationships, as reaching retirement age or receiving pension benefits terminates their labor contracts [2][3]. - The ambiguity in recognizing labor versus civil relationships leads to significant disparities in rights protection for aged workers [3]. Group 2: Regulatory Changes - The Ministry of Human Resources and Social Security (MoHRSS) has released a draft regulation aimed at enhancing the rights of aged workers, including those who have reached retirement age regardless of pension status [4][5]. - The draft regulation outlines specific rights and obligations, including work agreements, working hours, wages, and participation in social insurance [5]. - The overall trend is towards strengthening the basic rights of aged workers, aligning with societal expectations and addressing the challenges posed by an aging population [5][6]. Group 3: Insurance and Legal Framework - The draft regulation proposes mandatory participation in work injury insurance for aged workers, addressing previous gaps in coverage [6][7]. - The regulation aims to clarify the responsibilities of employers in providing insurance and ensuring that aged workers receive necessary protections [6][7]. - Future legislative changes are anticipated to further refine the legal framework governing aged workers, enhancing their rights and protections [7].

Group 1 - The concept of "Five Insurances and One Fund" includes pension insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance, and housing provident fund [7] - Pension insurance provides basic living security, allowing individuals to receive monthly pensions after contributing for 15-20 years and reaching retirement age [3][4] - Medical insurance can be used immediately after purchase, significantly reducing out-of-pocket expenses for medical treatments [5] Group 2 - Unemployment insurance in Shenzhen allows individuals who have contributed for at least one year to apply for benefits if they are involuntarily unemployed, with a maximum benefit period of 24 months [9][11][12] - Work injury insurance covers compensation for injuries sustained during work or commuting, including medical expenses and wage compensation during recovery [13][17] - The housing provident fund can be seen as an additional salary, as both employees and employers contribute, and it can be used for down payments on homes with lower interest rates compared to commercial loans [16][18]

Core Viewpoint - The case highlights a dispute between an employee and the company regarding workplace injury, compensation, and social insurance obligations, with the local labor authority emphasizing the legal responsibilities of employers in providing social insurance and handling work-related injuries [1][14]. Company Summary - The company, Dongguan Zhenhua Fast Food Co., Ltd., claims that the employee, Ms. Cheng, signed an agreement to waive social insurance upon hiring, and they provided her with medical expenses and attempted to accommodate her work situation after her injury [9][10]. - The company asserts that there are no "light" positions available, and all roles require physical labor, which complicates the employee's request for a less demanding job [9]. - The company provided medical expenses totaling 1781.93 yuan to Ms. Cheng, which she confirmed receiving [10]. Industry Summary - The Dongguan Human Resources and Social Security Bureau stated that employers are legally obligated to participate in social insurance and cannot waive this responsibility through agreements with employees [14][15]. - The bureau emphasized that employers must apply for work injury recognition within a specified timeframe and that employees have the right to claim work injury benefits regardless of social insurance status [15]. - The bureau warned employers against neglecting their obligations to provide social insurance, highlighting the importance of protecting employees and mitigating risks associated with workplace injuries [15].

Group 1 - The definition of part-time employment is based on hourly pay, where the average daily working hours do not exceed four hours and the total weekly working hours do not exceed twenty-four hours [2] - Part-time workers can participate in work injury insurance, and if employed at multiple units, each unit must pay for work injury insurance separately [3] - The employer where the worker is injured is responsible for work injury insurance [4] Group 2 - There is no requirement for a written labor contract for part-time employment, but it is recommended to retain relevant documentation of agreements made [5][7] - Payment for part-time work must not be lower than the minimum hourly wage set by the local government, and the payment settlement period must not exceed fifteen days [10] Group 3 - Evidence of employment can include wage payment records, identity documents issued by the employer, recruitment records, attendance records, and testimonies from other workers [13]

2018年1月，郑某到某空调维修中心从事空调维修工作，每月按时领取工资，双方未签订劳动合 同。2020年4月，某空调维修中心为郑某购买了某保险公司的意外伤害责任保险，保额为20万元。2020 年11月3日，郑某在维修空调时意外身亡。 因劳动关系认定产生争议，郑某近亲属王某及郑小某向某仲裁委员会申请仲裁，仲裁委员会确认双 方在2018年1月至2020年11月3日存在劳动关系。某空调维修中心不服该裁决起诉至法院。经一审、二 审，法院均认定存在劳动关系。2021年9月，锦州市人力资源和社会保障局认定郑某为工亡。某保险公 司于2021年12月批准支付意外伤害责任保险的保险金，王某取得该20万元保险金。 2022年5月，经王某申请劳动仲裁，某仲裁委员会裁决某空调维修中心向王某支付丧葬补助金、一 次性工亡补助金等共计87万余元。因不服该裁决，某空调维修中心向凌河区法院起诉，要求在承担给付 丧葬补助金及工亡补助金范围内扣除某保险公司已经赔付的20万元理赔款。 本报讯 近日，辽宁省锦州市凌河区人民法院审结一起劳动争议纠纷案，依法认定员工在获得商业 保险赔付后，仍有权向用人单位索赔工伤赔偿。 法官说法 工伤保险作为社会保险体系 ...

欢迎扫描下方二维码关注： 工伤保险费由职工个人缴纳吗？ 问 不是的！ 工伤保险费 由用人单位按时缴纳 职工个人无须缴费 用人单位缴纳工伤保险费的数额为本单位职工工资总额乘以单位缴费费率之积。 对难以按照工资总额缴纳工伤保险费的行业，其缴纳工伤保险费的具体方式，由国务院社会保险行政部门规定。 单位未参加工伤保险期间， 职工发生工伤怎么办？ 问 同时《工伤保险条例》第二条第二款也明确了工伤职工享受工伤保险待遇的权利，中华人民共和国境内的企业、事业单位、社会团 体、民办非企业单位、基金会、律师事务所、会计师事务所等组织的职工和个体工商户的雇工，均有依照本条例的规定享受工伤保险待遇 的权利。 对于 未参加工伤保险的用人单位 职工发生工伤的 用人单位应该依法参加工伤保险 为本单位全部职工 缴纳工伤保险费 《工伤保险条例》第二条明确规定，中华人民共和国境内的企业、事业单位、社会团体、民办非企业单位、基金会、律师事务所、会 计师事务所等组织和有雇工的个体工商户（以下称用人单位）应当依照本条例规定参加工伤保险，为本单位全部职工或者雇工（以下称职 工）缴纳工伤保险费。 来源人力资源和社会保障部微信公众号 欢迎扫描下方二维码关注 ...

Group 1 - The number of participants in the basic pension insurance system in China has exceeded 1.07 billion [1] - As of the end of March, the number of participants in unemployment and work injury insurance reached 244 million and 297 million respectively, with year-on-year increases of 2.56 million and 2.71 million [1] - The new type of work injury insurance for gig economy workers, such as delivery riders and ride-hailing drivers, has seen over 11.04 million participants in pilot areas by the end of March [1]