人口老龄化背景下老年人就业权的法律保障研究

Research on the Legal Protection of the Employment Rights of Older Persons in the Context of Population Aging

摘要: 随着我国人口老龄化进程加快，老年人就业已成为社会发展的现实需求。然而，现行劳动法律体系对老年人就业权的保障仍显不足，突出表现为劳动者身份认定模糊、就业年龄歧视缺乏规制、工伤保险制度不健全等问题。本文以老年人就业权为核心，系统梳理我国相关立法现状，分析其在身份认定、反歧视保护及工伤保障等方面的制度障碍，并借鉴日本、美国、德国等国家的成熟经验，提出明确老年人劳动法主体资格、完善反年龄歧视立法、构建灵活包容的工伤保险机制等建议。研究旨在推动老年人从“老有所养”向“老有所为”转变，为落实积极应对人口老龄化国家战略提供制度支撑。

Abstract: With the accelerating process of population aging in China, the employment of the elderly has become a practical need for social development. However, the current labor legal system provides insufficient protection for the employment rights of the elderly, which is prominently reflected in problems such as vague identification of worker status, lack of regulation against age discrimination in employment, and an incomplete work-related injury insurance system. Focusing on the employment rights of the elderly, this paper systematically sorts out the current legislative situation in China, analyzes the institutional obstacles in status identification, anti-discrimination protection and work-related injury security, and draws on the mature experience of Japan, the United States, Germany and other countries. It then puts forward suggestions including clarifying the subject qualification of the elderly in labor law, improving legislation against age discrimination, and establishing a flexible and inclusive work-related injury insurance mechanism. This study aims to promote the transformation of the elderly from “being supported in old age” to “being productive in old age”, and provide institutional support for implementing the national strategy of actively responding to population aging.