Due to the sharp increase of labor disputes between workers over the statutory retirement age and employers, Wuhou court recently studied the legal issues related to over-age workers and suggested that judicial interpretation be issued to clarify the nature of the legal relationship between over-age workers and employers. After retirement, Li Jun was found to be an employee of a factory in Sichuan. After the enterprise went bankrupt in 2003, Li Jun went through the retirement formalities with the factory and enjoyed the basic old-age insurance benefits in the provincial social security bureau. In 2007, Li Jun was introduced to work in another company. Two months later, Li Jun was accidentally injured at work, and Li Jun's wife filed an application for work-related injury identification with the Municipal Labor and Social Security Bureau. However, the Municipal Labor and Social Security Bureau determined that the nature of the injury suffered by Li Jun was not a work-related injury, or it was not regarded as a work-related injury. Since then, the Sichuan Provincial Department of Labor and Social Security has maintained this determination, that is, it is not a work-related injury. Li Jun was not convinced and brought a lawsuit to the court. After the first trial, the Longquanyi District Court held that the law did not exclude Li Jun, a retired employee who enjoys basic old-age insurance benefits, nor did it prohibit employers from recruiting people who have reached the statutory retirement age. Li Jun has a factual labor relationship with the company and should enjoy the treatment of work-related injury insurance. Therefore, the court of first instance held that the decision made by the Municipal Labor and Social Security Bureau not to identify work-related injuries was inappropriately applied by law, decided to revoke the decision made by the Municipal Labor and Social Security Bureau, and ordered the Municipal Labor and Social Security Bureau to make a new work-related injury identification decision. The judgment of the second instance was not recognized as a work-related injury. "He is a retiree and was accidentally injured when he was re-employed. He should get relief through civil channels. " Li Jun Company refused to accept the judgment and appealed to Chengdu Intermediate People's Court, arguing that there was no labor relationship between Li Jun and the company. After hearing the case, Chengdu Intermediate People's Court held that Li Jun went to work in the company after retirement, and his employment relationship with the company did not fall within the scope of labor relations adjusted by the Industrial Injury Insurance Regulations, and should not be considered as a work-related injury. In the end, the City Intermediate People's Court revoked the first-instance judgment and maintained the determination of Chengdu Labor and Social Security Bureau that it was not a work-related injury. Unclear laws are similar to the sharp increase in labor disputes. "In the past three years, labor disputes between workers over the statutory retirement age and employers have increased significantly." Wuhou court investigation found that in these cases, more than half of the over-age workers were temporary workers. "Because the relevant laws and regulations do not clearly stipulate whether the legal relationship between over-age workers and employers is a labor relationship or a labor relationship, there is no clear legal basis for whether employers should pay economic compensation, purchase social insurance and undertake work-related injury insurance for over-age workers." "For such cases, the court's determination is rather confusing, and the judgment results of the cases are different." The court said. "When employing over-age personnel, it is best for employers to formulate employment contracts that are different from ordinary workers." The court said. The court suggested that a judicial interpretation be issued as soon as possible to clarify the legal relationship between the two. The above is the knowledge about the identification of work-related injuries of retired employees.

Legal objectivity:

Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases (1) Article 32 If an employer brings a lawsuit against an employee who enjoys pension insurance benefits or receives a pension according to law, the people's court shall handle it according to labor relations. Where an enterprise employee who leaves his post without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for a job, or an enterprise employee who has stopped production and vacation brings a lawsuit because of a labor dispute with a new employer, the people's court shall handle it in accordance with labor relations. Article 14 of the Regulations on Work-related Injury Insurance shall be deemed as a work-related injury if an employee has one of the following circumstances: (1) Being injured by an accident during working hours and in the workplace due to work reasons; (two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.