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从20世纪90年代,我国就开始步入老龄化的加速期。随着老龄化的加剧以及退休人员的不断扩张,退休返聘成为现在单位聘用员工的方式之一。这种特殊的雇佣关系中,由于法律和法规没有明确的规定,出现问题时导致相似案件出现不同的判决,用人单位与退休返聘人员相应的权利义务得不到有力的保障。因此,本文认为理清退休返聘人员与用人单位之间的劳动关系,能够应对实践中出现的问题,并且能够对出现的问题作出及时的遏制。
Since the 1990s, our country started to enter the accelerated period of aging. With the increasing aging and the constant expansion of retirees, retirement rehiring has become one of the ways employers now employ their staff. In this special employment relationship, due to the fact that there are no clear rules in laws and regulations, when different problems result in different judgments in similar cases, the rights and obligations of employers and retirees returning to work can not be effectively guaranteed. Therefore, this paper believes that to sort out the labor relationship between the retired staff and the employer after retirement can deal with the problems that occur in practice, and can make timely containment of the problems that arise.