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Analysis of the Retiree Lee’s Case of Industrial Injury

Author: ZhangBo
Tutor: LiuGuangHua
School: Lanzhou University
Course: Economic Law
Keywords: retirees labor relation service relation industrial injury retirement pension
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract


The problem of determining industrial injury has become a focus for people, especially for retirees. For the law is not clear, there have been many local regulations, resulting in the embarrassment of different sentence results on the cases. The surface of the problem related to the determining industrial injury. In essence, it’s about whether the retirees can be as a labor in the Labor Law and whether it is of labor relation or service relation about the relationship between the retirees and the employers.There are three parts in the paper:The first part is an introduction., which clarify the basic situation of the case and the different decisions of the two court and their basis;In order to explain the focus of the case,the second part is the analysis of the characteristics of retirees,and whether the basic retirement pension、social insurance fees、retirement age and the establishment can affect the existence of labor relations; The third part is about the rationality of bringing the retirees into the scope of industrial injury, the possible facing difficulties, and the ideas of how to solve the dilemma.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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