（来源：千龙网） 近日，全国总工会联合最高人民法院、最高人民检察院共同发布2025年劳动法律监督"一函两书"典型案 例。作为工会履行劳动法律监督职责的重要制度工具，"一函两书"通过柔性监督与刚性保障相结合，为 破解劳动者权益保障难题提供了可复制、可推广的实践路径，更推动形成了多部门协同治理的长效机 制。 多方协同治理 全国总工会法律工作部部长朱艳丽介绍，2025年以来，各级工会与法院、检察院协同推进"一函两书"制 度落地，确保劳动报酬、休息休假、安全卫生、工伤保险等权益受侵害案件得到及时高效处置。目前， 31个省、自治区、直辖市总工会均已与同级人民法院、检察院建立劳动法律监督协同协作机制，一张覆 盖全国的权益保障网逐步成形。 此次发布的典型案例中，既有法院通过司法建议，协同工会解决欠薪、农民工工伤保险待遇落实的案 例，又有检察机关发挥刑事、民事、行政和公益诉讼检察职能，协同工会督促新业态企业规范劳动用 工，落实职工劳动安全卫生权益的案例。其中，黑龙江省齐齐哈尔市铁锋区的实践颇具代表性：从"检 察+工会"精准对接线索移送，到调查核实阶段的"暖心探底"民生关怀，再到企业怠于整改后的多部门联 合会商，充分体现了"一 ...

（来源：工人日报） 重要文章 为实现"十五五"宏伟蓝图贡献工会力量………徐留平 学习贯彻党的二十届四中全会精神 新疆阿勒泰职工夜校搭建各族职工成长新平台………祝宵 李双行 肖泽培 杨金海 专家笔谈 加强法律制度建设，保障超龄劳动者权益………黄昆 工运论坛 新就业形态职业伤害保障与工伤保险衔接问题和建议………沈军芳 实践探索 以法治之力保障劳动者合法权益………陆丹 团结动员广大职工投身新时代首都发展的火热实践………张 良 调查研究 创新案例 深化新就业形态劳动者维权服务体系建设的探索和思考………四川省总工会课题组 ...

Core Viewpoint - The case highlights the legal recognition of the rights of elderly workers in the context of labor disputes, emphasizing that employers must ensure timely reporting of work-related injuries to guarantee equal access to workers' compensation benefits for older employees [1][4]. Group 1: Case Background - The case involves a worker, Yan, who was injured at work at the age of 56 and sought compensation for medical expenses due to the employer's failure to timely report the injury as a work-related incident [1][2]. - Yan incurred medical expenses of over 50,000 yuan during a 7-day hospital stay following the injury, which were not covered by the social insurance fund due to the late reporting by the employer [2]. Group 2: Court Rulings - The first-instance court ruled in favor of Yan, stating that the employer was responsible for the medical expenses incurred before the work injury was reported, as the injury was recognized as a work-related incident [2][3]. - The second-instance court upheld the ruling, clarifying that the employer's argument regarding Yan's age and existing commercial insurance did not exempt them from their obligations under the workers' compensation regulations [3]. Group 3: Legal Implications - The ruling reinforces the obligation of employers to submit work injury claims within 30 days, as stipulated by the Work Injury Insurance Regulations, and establishes that costs incurred during this period are the employer's responsibility [3][4]. - The case sets a precedent for the treatment of elderly workers, ensuring that those over the statutory retirement age but still employed are entitled to the same workers' compensation benefits as younger employees [4].

Core Viewpoint - The trend of hiring retired individuals by companies like McDonald's and Universal Beijing Resort has sparked discussions about the re-employment of older adults, highlighting both opportunities for personal value enhancement and challenges related to physical demands and labor rights protection [1][3]. Group 1: Employment Opportunities - McDonald's has been hiring retired workers since 2019, offering flexible work hours and adhering to legal requirements for social insurance payments [3]. - The roles available for retirees at McDonald's include positions such as cleaners, maintenance workers, and restaurant staff, reflecting a broader trend in the re-employment market focused on labor-intensive jobs in sectors like food service, property management, and domestic work [3][4]. - There is also a demand for retired individuals in "white-collar" jobs such as healthcare, research, and finance, which typically offer higher salaries [4]. Group 2: Challenges Faced by Retirees - Many retirees face physical challenges and performance pressures in their new jobs, with some reporting difficulties in handling the physical demands of labor-intensive roles [6][8]. - Legal ambiguities regarding the employment status of retirees complicate their rights, as they are often classified as "service providers" rather than "employees," limiting their access to labor protections [9][10]. Group 3: Legal and Regulatory Changes - Recent regulatory changes, including the "social security new regulations" and the draft "temporary regulations on the basic rights protection of elderly workers," aim to enhance protections for retirees in the workforce [11][12]. - These regulations encourage the employment of older individuals and clarify their rights regarding labor remuneration, rest periods, and workplace safety [11][12]. - The new rules stipulate that employers must provide written agreements with older workers, establishing a clear understanding of the employment relationship and rights [12][13].

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].

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]. Group 1: Current Challenges for Aged Workers - Aged workers face unclear legal identities and lack of rights protection, as they are 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 the labor relationship for aged workers leads to significant disparities in their rights and protections under labor law versus civil law [3]. Group 2: Regulatory Changes and Trends - The Ministry of Human Resources and Social Security's draft regulations aim to include all aged workers, regardless of pension status, under protective measures [4][5]. - The draft regulations outline specific rights and obligations, including work agreements, working hours, wages, and participation in social insurance [5][6]. - 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 regulations propose mandatory participation in work injury insurance for aged workers, addressing previous gaps in coverage [6][7]. - The shift towards mandatory insurance is expected to benefit employers by reducing costs associated with work injury risks for aged workers [8]. - Future legislative changes are anticipated to further refine the legal framework governing aged workers' rights and protections [8].

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].

Core Viewpoint - The recent judicial interpretation by the Supreme Court emphasizes that any agreement to waive social insurance is invalid, requiring companies to pay full social insurance for all employees, which has sparked discussions about the employment of retirees and the potential shift in labor market dynamics [1][5][6]. Group 1: Employment of Retirees - Companies like McDonald's and Universal Studios are actively recruiting retirees, raising questions about whether this trend will become a new norm in employment practices [1][10]. - The labor market currently shows that older individuals face challenges such as skill deficiencies and health risks, making them less competitive compared to younger workers [2]. - The Supreme Court's new regulations may lead to increased hiring of older workers, but the actual willingness of companies to do so remains to be seen [4][10]. Group 2: Social Insurance Regulations - The Supreme Court's interpretation, effective September 1, clarifies that any agreements to avoid paying social insurance are invalid, putting pressure on companies, especially small and micro enterprises, to comply [5][7]. - Many small business owners, like those running coffee shops, have historically avoided paying social insurance, but the new regulations may force them to change their practices [8][9]. - The interpretation aims to protect workers' rights, but it also raises concerns about the financial burden on businesses, particularly in the context of rising operational costs [9][10]. Group 3: Rights of Older Workers - The Ministry of Human Resources and Social Security has proposed regulations to protect the rights of older workers, ensuring they receive fair wages and labor protections [11]. - There is a growing recognition of the need to provide vocational training and support for older workers to enhance their employability [11]. - The potential shift in labor dynamics may lead to more flexible employment arrangements, but not all industries may find it feasible to hire retirees [10][11].

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].