积极老龄化视角下完善老年人劳动权益法治保障的路径探析

Exploring the Path of Improving the Rule of Law Guarantees for the Labor Rights and Interests of the Elderly under the Perspective of Positive Aging

摘要: 当下老年人劳动权益保护尚未对积极老龄化的要求做出立法回应，诸多问题阻碍了老年劳动者生存与发展的权利延展。分析立法实践，发现存在老年人与用人单位难以形成劳动关系、存在法律适用的内部冲突、对老年劳动者缺乏分类保护等问题。分析问题成因为劳动法律体系不完善、社会养老体系的不完善、退休制度有待更新、老年劳动者权益意识缺乏。提出将年龄歧视纳入就业歧视范围、制定针对老年人的劳动权益保障制度、提升老年人劳动救济实效等完善路径，意在以法治保障老年劳动者权益，实现积极老龄化目标。

Abstract: The protection of the labor rights and interests of the elderly has not yet responded to the requirements of positive aging in legislation, and many problems have hindered the extension of the rights of the elderly workers to survival and development. Analyzing the legislative practice, it is found that there are problems such as the difficulty of forming labor relations between the elderly and the employers, the existence of internal conflicts in the application of laws, and the lack of classified protection for the elderly workers. It also analyzes the causes of the problems, such as the imperfection of the labor law system, the imperfection of the social pension system, the need to update the retirement system, and the lack of awareness of the rights and interests of elderly workers. It is proposed that age discrimination should be included in the scope of employment discrimination, the labor rights and interests protection system for the elderly should be formulated, and the effectiveness of employment relief for the elderly should be enhanced, with the aim of protecting the rights and interests of the elderly workers by the rule of law and realizing the goal of active aging.