延迟退休背景下低龄老人就业法律保障体系研究

Research on the Legal Guarantee System for Employment of Elderly People of Lower Age under the Background of Delayed Retirement

摘要: 随着我国人口老龄化程度持续加深与渐进式延迟法定退休年龄政策的逐步实施，低龄老人就业已成为缓解劳动力短缺、提升老年群体生活品质和推动积极老龄化的重要途径。当前我国针对低龄老人就业的法律保障体系仍存在明显不足，用工关系界定不清、社会保险衔接不畅、工伤保险覆盖不足、反年龄歧视规则缺失以及权益救济渠道不够畅通等问题较为突出，在一定程度上影响了老年群体就业意愿与合法权益的实现。本文以延迟退休政策为背景，梳理低龄老人就业面临的法律困境，并在借鉴域外成熟经验的基础上，从立法完善、制度构建、司法保障与配套机制等方面提出完善建议，为发展银发经济、保障老年劳动者权益提供坚实的法治支撑。

Abstract: With the continuous deepening of population aging in China and the gradual implementation of the policy of gradually raising the legal retirement age, employment of the younger elderly has become an important way to alleviate the shortage of labor force, improve the quality of life of the elderly group, and promote active aging. At present, the legal guarantee system for the employment of the younger elderly in China still has obvious deficiencies. Problems such as unclear definition of employment relationships, poor connection of social insurance, insufficient coverage of work injury insurance, lack of anti-age discrimination rules, and insufficiently smooth channels for rights relief are prominent, which to some extent affect the employment willingness and realization of legitimate rights and interests of the elderly group. This paper, against the background of the policy of delaying retirement, sorts out the legal predicaments faced by the employment of the younger elderly, and on the basis of drawing on mature experiences from abroad, puts forward suggestions for improvement from aspects such as legislative improvement, system construction, judicial guarantee, and supporting mechanisms, providing solid legal support for the development of the silver economy and the protection of the rights and interests of elderly workers.