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超龄劳动者权益保障
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人社部新规拟强制用人单位为超龄劳动者投保工伤险
第一财经· 2025-08-18 16:23
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].
超龄劳动者权益保障困境待解,新规拟强制用人单位投保工伤险
Di Yi Cai Jing· 2025-08-18 12:48
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].
我国拟出台新规保障超龄劳动者权益
Jing Ji Wang· 2025-08-07 02:37
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].
易周资讯2025(7.28—8.3)关注行业动态,掌握前沿资讯
Sou Hu Cai Jing· 2025-08-04 20:10
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]
新华解码丨保障超龄劳动者权益!我国拟出台新规
Xin Hua Wang· 2025-08-01 00:24
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]
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]
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].