近日，麦当劳、北京环球影城等企业招聘退休人员引发热议。一批低龄老人跃跃欲试，希望借助再就业 发挥余热，迎来个人价值的再提升。但记者采访发现，在实际工作中，"银发打工人"不仅需要面对体力 考验和业绩压力，还可能遭遇劳动权益保障难的困境。 资料图片 什么岗位受欢迎：餐饮、物业、家政 实际上，麦当劳招聘退休人员并非首次，公开信息显示，早在2019年，麦当劳就已面向退休人员招录弹 性工作时间的员工。 麦当劳中国在回应此事时表示，将严格依照法律规定及政府指导执行用工政策，为全职员工依法缴纳社 保。同时采用灵活多元的用工方式，退休返聘人员等劳务关系员工也是其中一部分，将为其提供符合法 规政策的报酬，并提供商业保险等。 "应聘者无论男女，年龄不超过63岁，持有退休证，并能提供近三个月退休金流水证明。"海淀区一家麦 当劳餐厅经理介绍说，退休人员与兼职员工、学生工一样，与餐厅签订特定类型的劳务合同，区别于全 职员工的劳动合同。 退休人员通过面试后，在入职前还需办理健康证。入职后，薪资标准为每小时19元，与餐厅其他普通员 工工资结算方式相同，实行月结制度。员工每日工作时间通过打卡系统统计，通常每日工作4至8小时。 不到半个月陈阿 ...

Core Viewpoint - The article discusses the increasing attention on the rights protection of "aged workers" who are beyond the statutory retirement age, highlighting recent regulatory changes aimed at improving their legal status and rights [1][4][8]. Group 1: Current Challenges for Aged Workers - Aged workers face unclear legal identities, lack of rights protection, and ambiguous legal remedies, making it difficult for them to establish labor relations with employers [4][6]. - The current labor laws in China create a dichotomy between labor relations and civil relations, leading to aged workers often being excluded from labor law protections [4][6]. - The termination of labor contracts upon reaching retirement age or starting to receive pension benefits further complicates their ability to maintain employment [4][6]. Group 2: Regulatory Changes and Trends - The Ministry of Human Resources and Social Security's recent draft regulations aim to include all aged workers, regardless of their pension status, under protective measures [8][12]. - The draft regulations outline specific rights and obligations, including work agreements, working hours, wages, and mandatory participation in work injury insurance [8][12]. - The overall trend is towards strengthening the basic rights of aged workers, reflecting societal expectations and addressing the challenges posed by an aging population [8][12]. Group 3: Work Injury Insurance - Work injury insurance is a significant concern for aged workers, as their lack of recognized labor relations can prevent them from accessing such benefits [10][11]. - Recent draft regulations propose mandatory work injury insurance for aged workers, shifting the responsibility to employers [11][12]. - This change is expected to lower costs for companies employing aged workers while expanding coverage for this demographic [12][13]. Group 4: Future Legislative Needs - Experts suggest that future amendments to labor laws and contracts are necessary to provide a stronger legal basis for the protection of aged workers [13]. - There is a call for improved legal awareness and streamlined legal remedies for aged workers to facilitate their rights protection [13].

随着近年老龄化加速以及延迟退休落地，超法定退休年龄的劳动者，即"超龄劳动者"的权益保障备受关 注，比如近期麦当劳、环球影城等企业招聘退休人员的消息引发了一轮社会热议。 首都经济贸易大学劳动经济学院教授范围告诉第一财经，目前超龄劳动者的法律身份认定还不明确，实 务上通常不认为他们与用人单位构成劳动关系，他们并不享有劳动法上的劳动者身份。 长期以来，我国劳动用工法律调整采取二分法，认定劳动关系为劳动法调整，认定劳务关系为民法调 整，而民法并未对劳务关系（雇佣合同）作出明确规定，基本上基于意思自治由当事人合意来明确双方 权利义务。 中国人民大学法学院教授林嘉曾撰文指出，尽管退休不作为限制劳动者劳动资格的义务性规定，在现行 法规则下，退休制度客观上成为老龄劳动者难以与用人单位建立劳动关系的限制条件。 根据劳动合同法第44条："有下列情形之一的，劳动合同终止：……（二）劳动者开始依法享受基本养 老保险待遇的；……"劳动合同法实施条例第21条规定："劳动者达到法定退休年龄的，劳动合同终 止。"这意味着，劳动者达到法定退休年龄或者开始依法享受基本养老保险待遇的，劳动者与用人单位 之间原先存续的劳动关系解除。 当前，这一劳动 ...

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].

接受采访的小商户经营者表示，不想冒"被员工告然后赔钱"的风险，打算9月前和三位员工谈谈。 最高法明确社保"约定豁免"无效。再过半个月，这一司法解释将正式施行，再次明确企业要为全部在岗员工足额 缴纳社保。这项本意是保障劳动者权益的规定，却意外激活了对退休人员就业市场的关注度。 近日，麦当劳、环球影城等企业招聘退休人员的消息引发社会的热议。企业向退休人员乃至"银发族"敞开大门， 是权宜之计，还是将成为未来新用工常态？ 第一财经记者在走访中发现，很多餐饮店一直都存在招聘退休人员的情况，但并不是特别普遍，大多数餐饮企业 还是首选全职的年轻员工，但也不排斥灵活用工、多元化用工作为补充的做法。一般来说，咖啡店、美发店等均 是以招聘年轻人为主，超市的收银员、理货员等对年龄的要求并不严格；企业还会在一些年轻人不愿做的岗位上 招聘退休人员，比如正常工作时间之外的半夜、通宵等特殊工时岗位等等。 从我国劳动力市场的现状来看，老年人再就业存在自身技能不足、生理与健康风险大等问题，与年轻人相比在就 业市场上竞争力是比较弱的。退休人员虽无需企业缴纳社保，但其权益保障仍存模糊地带。去年，渐进式延迟退 休政策实施之后，如何保护超过法定退休年 ...

Core Viewpoint - The Ministry of Human Resources and Social Security has released a draft regulation aimed at protecting the basic rights of elderly workers, reflecting the need for legal safeguards as the population of elderly workers continues to grow in China [1] Group 1: Current Situation of Elderly Workers - The estimated number of elderly workers in China ranges from 87.21 million to 122.55 million, with urban elderly workers accounting for 54.38 million to 76.42 million [2] - Local governments, such as in Foshan, Guangdong Province, have established employment centers for elderly workers, creating a network that combines online and offline job matching and training [2] - Jiangsu Province has expanded work injury insurance coverage to elderly workers, with 142,000 elderly individuals participating in this insurance by the end of 2024, including 1,704 who are already receiving basic pension benefits [2] Group 2: Challenges in Rights Protection - There are significant shortcomings in the rights protection of elderly workers, including unclear legal status and lack of mandatory standards for rights protection, leading to unequal contract negotiations [3] - The public employment service system is inadequate, making it difficult for elderly workers to access targeted employment and training opportunities, and facing obstacles in seeking redress for rights violations [3] Group 3: Future Recommendations - A supportive system and public service framework for elderly workers should be established, with government incentives to encourage employers to hire elderly workers [3] - Digital platforms should be utilized to create service centers for elderly workers, providing accessible employment services, training, and rights protection [3] Group 4: Employer and Worker Responsibilities - Employers should foster an age-friendly work environment, eliminate age discrimination, and enhance workplace adaptations for elderly workers [4] - Employers are encouraged to sign clear employment agreements that define rights and obligations, and to provide comprehensive insurance coverage [4] - Elderly workers should actively engage in employment and training to enhance their skills and assert their rights through legal channels when necessary [4]

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].

Group 1 - The Ministry of Human Resources and Social Security of China is seeking public opinions on a draft regulation to protect the basic rights of elderly workers, focusing on labor remuneration, rest, labor safety, and dispute resolution channels [3][4] - The Ministry has announced plans to implement artificial intelligence general education for professional technical personnel starting in 2025, aiming to enhance their understanding and application of AI [3][4] - A video conference was held to address employment for college graduates and youth, emphasizing the need to explore job resources and provide support services to ensure stable employment for this demographic [3][4] Group 2 - The National Healthcare Security Administration has issued a notice on the trial implementation of immediate settlement procedures for basic medical insurance funds, aiming to optimize payment methods and enhance fund efficiency [8][10] - The administration has also launched the third batch of intelligent supervision rules and knowledge points, requiring provincial healthcare departments to update their systems accordingly [9] - The administration is promoting the application of AI and big data technologies in healthcare management and services [10] Group 3 - The State Council has approved the "Artificial Intelligence+" action plan to accelerate the commercialization of AI applications across various sectors, leveraging China's comprehensive industrial system and market scale [6] - The National Information Development Report for 2024 indicates that China's software business revenue reached 70,585 billion yuan in the first half of the year, with a year-on-year growth of 11.9% [6][12] - The report highlights that the profit total for the software industry was 8,581 billion yuan, also reflecting a 12% increase year-on-year [6] Group 4 - The implementation of the childcare subsidy system will provide annual subsidies of 3,600 yuan per child for those under three years old, starting from January 1, 2025 [10][11] - The National Development and Reform Commission is initiating a healthcare foundation project, allocating approximately 8.8 billion yuan to support the construction of county-level hospitals and healthcare centers [11] - The project aims to enhance resource sharing and improve healthcare services in rural areas, benefiting over 4 million patients through various medical support initiatives [11]

退休人员再就业，还能继续领取养老金吗？按照暂行规定，超龄劳动者已享受基本养老保险待遇、职工 医疗保险退休人员待遇继续工作的，不改变其享受基本养老保险、职工基本医疗保险待遇。 "暂行规定充分考虑超龄劳动者享受养老、医疗保险待遇的不同情形，为避免对其就业机会带来影响， 对尚未达到基本养老保险或基本医疗保险最低缴费年限的超龄劳动者，提出可以以个人身份继续缴纳有 关社会保险费，也可以与用人单位协商通过用人单位参保缴费。"黄昆说。 如果遇到用人单位恶意欠薪、克扣工资、逃脱保险责任等行为如何维权？ 暂行规定一方面将超龄劳动者的基本权益纳入劳动保障监察、安全生产和职业病防治监督管理的范围； 另一方面将超龄劳动者基本权益争议纳入劳动争议调解仲裁的范围，赋予超龄劳动者更加便捷高效的权 益保障渠道。 7月31日，人力资源社会保障部发布《超龄劳动者基本权益保障暂行规定(公开征求意见稿)》，首次明 确超龄劳动者基本权益的范围及其保障水平，并为其维权提供了法律依据。 超龄劳动者，即超过法定退休年龄的劳动者。 首都经济贸易大学劳动经济学院教授范围表示，此前由于无法直接适用现行劳动法和劳动合同法，超龄 劳动者相关权益面临法律保障不足问题， ...

Core Points - The Ministry of Human Resources and Social Security of China has released a draft regulation aimed at protecting the basic rights of elderly workers, defined as those who have surpassed the legal retirement age [1][2] - The draft regulation addresses the legal protection gaps faced by elderly workers, who previously struggled with unclear legal bases and inadequate channels for rights protection [1] - Employers are required to establish written employment agreements with elderly workers, detailing work conditions, compensation, and social insurance [1][2] Group 1 - The draft regulation emphasizes that employers should not arrange overtime for elderly workers and must avoid assigning them to hazardous jobs [1] - It mandates that employers enroll elderly workers in work injury insurance and pay the corresponding premiums, ensuring their rights to compensation in case of work-related injuries [1][2] - The regulation allows elderly workers who are already receiving basic pension and medical insurance benefits to continue working without losing these benefits [2] Group 2 - The draft regulation provides mechanisms for elderly workers to address issues such as wage theft and insurance evasion by employers, integrating their rights into labor dispute mediation and arbitration [2] - It aims to create a collaborative framework involving judicial, administrative, and union organizations to effectively safeguard the rights of elderly workers [2] - This initiative is part of a broader strategy to address the challenges of an aging population in China, enabling older individuals who wish to work to do so with greater security and peace of mind [2]