摘要
老龄化背景下,超龄劳动者由于群体特质对工伤保险保障需求较普通劳动者群体而言更为强烈,然而在实践中却面临着工伤认定难、维权成本高等问题。梳理超龄劳动者工伤认定现行规范可以发现,超龄劳动者劳动关系认定和工伤认定规定均存在群体分类显著、效力层级参差不齐等特点。规范的缺失和模糊导致超龄劳动者劳动关系认定、参保、工伤认定受理、司法救济均存在问题。基于老龄社会的现实需要,短期内建议推动渐进式延迟退休政策尽快落地,以年龄为界限将部门超龄劳动者纳入工伤保险参保范围,并通过司法与行政的良性互动提升司法救济的效力;长期来看,需要明确超龄劳动者与用人单位的用工关系性质,并结合超龄劳动者工伤认定的地方实践适时修改工伤保险法律制度。
Under the trend of aging society,due to the group characteristics of overage workers,the demand for work-related injury insurance is stronger than that of ordinary workers.However,in practice,it is faced with the problems of difficult identification of work-related injury and high cost of rights protection.Combing the current regulations of overage workers'identification of work-related injuries,it can be found that there are significant group classification and different levels of effectiveness in overage workers'identification of labor relations and work-related injuries.The lack and fuzziness of norms lead to problems in the identification of labor relations,insurance participation and judicial relief of overage workers.Based on the practical needs of the aging society,it is suggested that the policy of gradually delaying the retirement age should be implemented as soon as possible in the short term and the Department's overage workers should be included in the scope of work-related injury insurance by taking age as the boundary and establishing positive interaction between the judiciary and the administration so as to enhance the effectiveness of judicial relief.In the long term,it is necessary to clarify the nature of the employment relationship between overage workers and employers;combined with overage labor,the local practice of the identification of industrial injury of workers,it is necessary to timely revise the legal system of industrial injury insurance.
作者
黄丽琴
Huang Liqin(School of Economics and Law,East China University of Political Science and Law,Shanghai,200042)
出处
《山东工会论坛》
2021年第5期71-81,共11页
Shandong Trade Unions＇ Tribune
基金
教育部人文社会科学研究青年基金项目“劳动法规范的跨法人适用之研究”(项目编号:20YJC820067)的阶段性研究成果。
关键词
超龄劳动者
工伤认定
劳动关系
退休年龄
overage workers
work injury identification
labor relations
retirement age
