Reflection on the relationship between legal retirement age and labor contract

Abstract

The Regulations for the Implementation of the Labor Contract Law stipulate that a labor contract shall terminate when the laborer reaches the legal retirement age. The application of this clause substantially modified the provision of the Labor Contract Law interpreted by it, which not only undermined the authority of the Labor Contract Law, but also unreasonably restricted the freedom of contract of both parties to the labor contract. Therefore, the design of the rule regarding the relationship between the legal retirement age and the labor contract in the Regulations for the Implementation of the Labor Contract Law is not reasonable. Based on the consideration of the social situation and the current situation of the labor legal system in China, the legal provision that the labor contract should terminate when the laborer reaches the legal retirement age should be changed from compulsory application to conditional application, that is to say, both parties can exclude the application of this clause on the basis of agreement when the laborer reaches the legal retirement age. From the perspective of legislative technology, we should stipulate an independent retirement system in Labor Contract Law to redefine the relationship between the legal retirement age and the labor contract. Relevant issues such as the relationship between the legal retirement age and the labor contract should be included in the design of retirement rules so as to achieve a smooth connection between the pension insurance system and the labor contract system.