Porcelain Publishing / JCHRM / Volume 13 / Issue 1 / DOI: 10.47297/wspchrmWSP2040-800503.20221301
ARTICLE

The legal identification of the over-aged's industrial injury

Yongqian Tu 1 Xiurui Wang 1 Weizhi Xu 2
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1 School of Human Resources, Renmin University of China, Beijing 100872, P.R.China
2 World Scientific Press, London, UK
© Invalid date by the Author(s). This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution 4.0 International License ( https://creativecommons.org/licenses/by/4.0/ )
Abstract

This paper aims to study and improve the legal identification of industrial injuries for the over-aged in China. And it will contribute to the protection of the labor rights of the vulnerable class, supporting the active participation of the over-aged in the labor market, easing the social pressure of the aging population and maintaining the harmonious development of society. This paper conducts solid case study and policy analysis regarding The Reply. This paper reveals that with the continuous better development of Chinese society, the life expectancy of our people is longer than ever with the development of medical technology, and the structure of the working population is also showing an aging trend, the proportion of the over-aged in the workforce is increasing. Nowadays the over-aged entering the labor market has become an unavoidable employment phenomenon, but as a result of the backwardness of policies and laws, when the the over-aged are injured at work, compared with the standard employees who can apply for industrial injury insurance, their industrial injury cannot be applied for identification of work-related injuries on account of they have not established labor relations with their employer, therefore numerous employment disputes arose. In this regard, in 2010, the Administrative Trial Chamber of the Supreme People's Court issued The Reply to the Inquiry on whether the Industrial injury Insurance Regulations Should Be Applied to Urban Migrant Workers Who Are Over the Legal Retirement Age and Are Injured or Died at Work(hereinafter refer to as The Reply) according to Question of the Shandong Superior People's Court. However, because The Reply has some problems in practice such as the relationship between the over-aged and the employer is unclear, the dispute of whether The Reply has general constrain, the problem of whether the industrial injury insurance blocking the application of The Reply, the over-aged workers cannot be insured for work-related injuries and so on. Therefore, the judicial officers have different understanding of the same issue in various aspects in practice, which has resulted in the persistence of disparate judgments in the similar cases. The contribution of this paper to the academic community is that, in addition to providing a research paradigm for the protection of the over-aged population from work-related injuries, the universal research methodology can be extended to a wider range of scenarios and cases.

Keywords
The over-aged
The Reply
Industrial insurance
Legal identification
References

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Journal of Chinese Human Resources Management, Electronic ISSN: 2040-8013 Print ISSN: 2040-8005, Published by Porcelain Publishing