超龄劳动者权益保障
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带薪休假等事项,人社部将有新政策
Xin Lang Cai Jing· 2026-01-27 17:52
Group 1 - The core viewpoint is that China is set to implement new regulations to protect the rights of workers in emerging employment forms and to enhance labor protections for older workers [1] - A new document addressing the impact of artificial intelligence on employment will be introduced, alongside measures to support employment in key industries and strengthen job support for specific groups, including recent graduates [1] - The pilot program for occupational injury insurance will be expanded nationwide, with a target of covering 25.1 million people by the end of 2025 [1] Group 2 - By the end of 2025, the total number of participants in basic pension, unemployment, and work injury insurance will reach 1.076 billion, 249 million, and 305 million respectively, with increases of 3.16 million, 3.29 million, and 1.02 million compared to the previous year [1] - The total revenue of the three social insurance funds for the year is projected to be 9.1 trillion yuan, with total expenditures of 8.1 trillion yuan, resulting in a cumulative balance of 10.2 trillion yuan by year-end [1] - The scale of entrusted investments in the basic pension insurance fund is expected to exceed 2.98 trillion yuan by the end of 2025 [2]
人社部明确:事关新就业形态、超龄劳动者和带薪年假,都将有新政
第一财经· 2026-01-27 07:57
2026.01. 27 此外,第一财经记者在发布会上获悉,人社部将推动修订《职工带薪年休假条例》,促进用人单位落实职工 带薪年休假制度。 现行《职工带薪年休假条例》自2008年实施至今,未曾进行过修改。长期以来职工带薪年休假的落实情况 并不理想,希望适时修订该条例的呼声渐涨。近几年,已经有多名人大代表就落实带薪年休假制度提出建 议,比如建议修改条例中关于年休假天数的规定等。 微信编辑 | 夏木 本文字数:1020,阅读时长大约2分钟 作者 | 第一财 经 安然然 我国将制定《新就业形态劳动者基本权益保障办法》,进一步明确新就业形态劳动基准和企业劳动保护责 任;《超龄劳动者基本权益保障暂行规定》也将出台。27日,人社部举行的例行新闻发布会透露以上新政 动向。 近年来,以网约车司机、外卖员等为代表的新就业形态劳动者的权益保障话题备受社会关注,他们普遍面临 着劳动关系认定难、劳动者权益保障缺失等问题。 "现行劳动法律滞后于企业用工方式变化,劳动者在法律层面的权益保障不足,企业规避用工责任缺少相应 法律规范。"2025年12月公开的《国务院关于灵活就业和新就业形态劳动者权益保障工作情况的报告》(下 称《报告》)明确指 ...
人社部明确:事关新就业形态、超龄劳动者和带薪年假,都将有新政
Di Yi Cai Jing· 2026-01-27 05:51
《职工带薪年休假条例》也将有调整。 有学者接受第一财经采访表示,该征求意见稿体现的总体趋势是加强超龄劳动者基本权益的保障, 要"兜底线、保基本",不仅明确了用人单位对超龄劳动者保障的义务和责任,而且就相关用工风险提供 了制度性的转化机制,如参加工伤保险。 超龄劳动者和用人单位格外关注工伤问题,征求意见稿规定,用人单位应当按照国家规定为超龄劳动者 参加工伤保险并缴纳工伤保险费,采取的是强制参保模式。首都经济贸易大学劳动经济学院教授范围曾 向第一财经记者解读称,未来随着这项规定的通过,各地都将扩大工伤保险的覆盖,将超龄劳动者纳 入。(详见第一财经报道:《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》) "现行劳动法律滞后于企业用工方式变化,劳动者在法律层面的权益保障不足,企业规避用工责任缺少 相应法律规范。"2025年12月公开的《国务院关于灵活就业和新就业形态劳动者权益保障工作情况的报 告》(下称《报告》)明确指出,未来要着力完善制度机制,加快推进立法工作,其中一个重要举措即 是"抓紧出台新就业形态劳动者权益保障办法",进一步完善灵活就业和新就业形态劳动者权益保障制 度。 同时,人社部还透露将出台《 ...
带薪休假等事项,人社部将有新政策!
Sou Hu Cai Jing· 2026-01-27 05:16
Group 1 - The Ministry of Human Resources and Social Security will formulate the "Basic Rights Protection Measures for New Employment Form Workers" to clarify labor standards and employer responsibilities for new employment forms [1] - New regulations will be introduced for the protection of older workers' rights and the promotion of paid annual leave for employees [1] - The government aims to implement measures to support employment in key industries and address the impact of artificial intelligence on job opportunities [2] Group 2 - The pilot program for occupational injury protection will be expanded nationwide, with a target of 25.1 million insured participants by the end of 2025 [3] - By the end of 2025, the number of participants in basic pension, unemployment, and work injury insurance will reach 1.076 billion, 249 million, and 305 million respectively, showing increases of 3.16 million, 3.29 million, and 1.02 million compared to the previous year [3] - The total revenue of the three social insurance funds is projected to be 9.1 trillion yuan, with total expenditures of 8.1 trillion yuan, resulting in a cumulative balance of 10.2 trillion yuan by the end of 2025 [3]
带薪年休假等,将有新政策
第一财经· 2026-01-27 04:17
Group 1 - The Ministry of Human Resources and Social Security will formulate the "Basic Rights Protection Measures for New Employment Form Workers" to clarify labor standards and corporate responsibilities for new employment forms [1] - New regulations will be introduced for the protection of older workers and to promote the implementation of paid annual leave for employees [1][3] - A document addressing the impact of artificial intelligence on employment will be released to support job creation [2][3] Group 2 - By the end of 2025, the number of insured individuals for basic pension, unemployment, and work injury insurance will reach 1.076 billion, 249 million, and 305 million respectively, with increases of 3.16 million, 3.29 million, and 1.02 million compared to the previous year [5] - The total revenue of the three social insurance funds for the year is projected to be 9.1 trillion yuan, with total expenditures of 8.1 trillion yuan, resulting in a cumulative balance of 10.2 trillion yuan by the end of the year [5] - The minimum wage standard will be adjusted, with the highest monthly wage exceeding 2,000 yuan across all provinces by 2025 [6][7] Group 3 - The pilot program for occupational injury protection will be expanded nationwide, with a cumulative insured population of 25.1 million by the end of 2025 [8][9]
事关新就业形态劳动者、超龄劳动者、带薪年休假,人力资源社会保障部将有新政策
Xin Hua Wang· 2026-01-27 02:17
Core Viewpoint - The Chinese government is set to establish regulations to protect the basic rights of new employment forms and older workers, while also promoting the implementation of paid annual leave for employees [1] Group 1: New Employment Forms - The Ministry of Human Resources and Social Security will formulate the "Basic Rights Protection Measures for New Employment Form Workers" to clarify labor standards and employer responsibilities [1] - The initiative aims to enhance labor protection for workers in emerging employment sectors [1] Group 2: Older Workers - The government will introduce the "Interim Provisions on the Basic Rights Protection of Older Workers" to safeguard the rights of workers beyond the typical retirement age [1] Group 3: Paid Annual Leave - There will be efforts to revise the "Regulations on Paid Annual Leave for Employees" to ensure that employers comply with the implementation of paid leave policies [1]
2025年劳动法律监督“一函两书”典型案例发布——共商共治保护劳动者权益
Xin Lang Cai Jing· 2026-01-10 13:17
Core Viewpoint - The "One Letter and Two Books" system, jointly released by the All-China Federation of Trade Unions, the Supreme People's Court, and the Supreme People's Procuratorate, serves as an important institutional tool for labor law supervision, combining flexible supervision with rigid guarantees to address the challenges of protecting workers' rights [1][2]. Multi-Party Collaborative Governance - Since 2025, trade unions at all levels have collaborated with courts and procuratorates to implement the "One Letter and Two Books" system, ensuring timely and efficient handling of cases involving violations of labor rights such as wage arrears and occupational safety [1][2]. - A nationwide network for rights protection is gradually taking shape, with all 31 provincial-level trade unions establishing collaborative mechanisms with local courts and procuratorates [1][2]. Effectiveness of Collaborative Governance - In 2024, over 170,000 "One Letter and Two Books" were issued, successfully resolving 7,846 cases of wage and insurance arrears, recovering economic losses of 38.4125 million yuan for workers [3]. - Trade unions play a unique role as "early warning sentinels," "negotiation bridges," and "collaborative hubs," facilitating collective bargaining and democratic management between enterprises and workers [3]. Addressing Algorithmic Challenges - The rise of the platform economy has led to 84 million new employment form workers, raising concerns about their rights protection, particularly regarding algorithm management and transparency [4]. - The "One Letter and Two Books" system addresses these issues by facilitating communication between trade unions and platform enterprises, promoting the rectification of unreasonable algorithm settings that harm workers' rights [4][5]. Preventive Effects - The increasing number of disputes involving older workers highlights the need for legal protections, as existing labor laws do not adequately cover their rights [7][8]. - The collaborative efforts of trade unions, procuratorates, and courts in protecting the rights of older workers demonstrate the power of institutional innovation, leading to the establishment of a rights protection mechanism that fills legal gaps [7][8].
《中国工运》2025年第12期要目
Xin Lang Cai Jing· 2026-01-05 18:44
Core Viewpoint - The article emphasizes the importance of labor unions in contributing to the realization of the "14th Five-Year Plan" and highlights various initiatives aimed at enhancing workers' rights and welfare [1]. Group 1: Labor Union Contributions - The article discusses the role of labor unions in mobilizing workers to participate in the development of the capital in the new era [1]. - It mentions the need for strengthening legal frameworks to protect the rights of older workers [1]. Group 2: Innovative Practices - The establishment of a night school for workers in Altay, Xinjiang, is highlighted as a new platform for the growth of workers from various ethnic backgrounds [1]. - The article presents suggestions for addressing occupational injury protection and the integration of new employment forms with workers' compensation insurance [1]. Group 3: Legal and Rights Protection - There is a focus on using legal measures to safeguard the legitimate rights and interests of workers [1]. - The article discusses the exploration and reflection on building a service system for the rights protection of workers in new employment forms [1].
超龄劳动者受工伤,单位未及时申报需担责
Ren Min Wang· 2025-10-14 01:02
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].
退休后再就业,发挥余热也别忘了“风险”
Sou Hu Cai Jing· 2025-09-01 03:29
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].