法官认为，本案中，颜某在工作中受到伤害，已被认定为工伤，苏州某人力公司作为工伤认定中的 用人单位，未在上述规定的30天时限内提交工伤认定申请，也未遇特殊情况申请延长，在此期间发生符 合本条例规定的工伤待遇等有关费用由人力公司负担，一审法院认定该公司支付颜某工伤申报之前发生 的医疗费用并无不当。 此外，法官认为，商业保险不能代替工伤保险，且两种保险所涉法律关系也不一致，上述人力公司 主张于本案中从颜某工伤保险待遇赔偿款项中扣除商业保险理赔款的请求并无法律依据，于是苏州中院 二审驳回上诉，维持原判。 法官说法 超龄劳动者是指超过国家法定退休年龄后，选择继续或再次工作的人员。随着人口老龄化程度加深 及我国就业结构变化，这类特殊群体的规模越来越大，相关权益保障面临新的难题。近日，江苏省苏州 市中级人民法院审结了一起劳动争议纠纷，依法判决支持了超龄劳动者因用人单位未及时申报工伤而产 生的5万余元待遇差额，明确了超龄劳动者在参保期间应享有同等工伤保险待遇，确保"银发"劳动者劳 有所依。 颜某与浙江一家外服企业签订劳动合同，从事导购工作，由苏州某人力公司为颜某缴纳社会保险。 2024年1月，颜某在工作中受伤，当时已56周岁 ...

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].

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]

Core Points - The Ministry of Human Resources and Social Security has released a draft regulation to protect the basic rights of elderly workers, marking the first time these rights have been clearly defined and legally supported [1][2] - The regulation requires employers to sign written agreements with elderly workers, detailing work conditions, compensation, and social insurance [1] - Elderly workers will not be required to pay for work injury insurance, as employers must cover this cost [1][2] Group 1 - The draft regulation clarifies the rights of elderly workers, who are defined as those exceeding the legal retirement age, addressing previous legal inadequacies in protecting their rights [1] - Employers are mandated to avoid assigning overtime or hazardous work to elderly employees, ensuring their health and safety [1] - The inclusion of elderly workers in work injury insurance is a significant step in safeguarding their rights to compensation in case of work-related injuries [1] Group 2 - The regulation allows elderly workers who are already receiving pension benefits to continue working without losing their pension or medical insurance entitlements [2] - For elderly workers who have not met the minimum contribution period for social insurance, they can continue to pay contributions individually or negotiate with employers for coverage [2] Group 3 - The regulation enhances the protection of elderly workers by incorporating their rights into labor supervision and dispute resolution mechanisms, providing them with more accessible channels for safeguarding their rights [3] - A collaborative mechanism involving judicial, administrative, and union organizations is established to ensure the effective implementation of these protections [3] - This initiative is part of a broader strategy to address the challenges of an aging population, allowing elderly individuals who wish to work to do so with greater security and confidence [3]