摘要
为应对人口的长期少子化和高龄化,促进高龄者就业,保障高龄劳动者权益,日本制订和多次修订以《高龄者雇佣安定法》为代表的法律法规,逐步提高法定最低退休年龄,完善高龄者相关权益保障制度。相应地,日本不设统一的法定强制退休年龄。日本学界普遍认为,其采取的劳动者待遇随年龄升高的“年功待遇”制度,与在特定年龄终止劳动关系的“退休制度”是一体两面的关系。为促进高龄劳动者就业,法律规定企业应废除退休制,或提高退休年龄,或在劳动者退休后继续雇佣。在高龄者倾向于退休后依靠养老金独立生活的当下,日本的政策重心在于保障高龄者退休年龄和养老金领取年龄的无缝衔接,避免出现既无法领取工资、又无法领取养老金的真空地带。因此,日本的高龄者雇佣保障制度和养老金制度多采取同步修订、渐进适用的方式。对于退休后再雇佣的高龄劳动者,日本认为其与雇主之间构成劳动关系,享受劳动法规定的各项保护,可加入各种社会保险,并可享受政府针对高龄劳动者及高龄求职者设计的各种给付金制度。
In Japan,the retirement system was initially developed spontaneously be-tween employers and their employees.Theoretically,employers and their employees are free to decide whether or not to introduce a retirement system in the company and when employees should retire.Later,the pension system was made statutory and gradually transformed into a so-cial insurance-oriented system.As the aging of society advances,the need has arisen to raise the retirement age of workers and the age at which pension payments begin.To ensure a smooth transition from the retirement age to the age at which pension payments begin,and to allow sen-ior citizens to live independently on their pensions after retirement,the Japanese government be-gan to set a minimum retirement age by law and gradually raised this age.In this process,Ja-pan's employment security system for the elderly and pension system have mostly taken the ap-proach of simultaneous revision and gradual application to ease the pressure on companies by stipulating the obligation to make efforts and paying benefits.Currently,Japan's Act on Stabi-lization of Employment of Elderly Persons stipulates that companies should adopt one of the fol-lowing three options to ensure that their employees are employed until the age of 65,and that they should make efforts to provide workers employment opportunities until the age of 70:(1)abolishing the retirement system;(2)raising the retirement age to 65 or older;and(3)adop-ting measures for workers to retire at 60-64 years of age and continue to be employed until the age of 65.Since the benefits of Japanese workers tends to increase with age,in order to appro-priately reduce the benefits of senior employees to alleviate financial pressures,companies tend to adopt the retirement and reemployment model in option(3).In addition to policies that en-courage enterprises to continue employing former employees by extending their retirement age or reemploying them after retirement,there are also policies related to encouraging enterprises to employ senior job-seekers who have retired and flowed into the external labor market.In Japan,the identification of labor relationship is informal,and whether or not a labor relationship has been established between the parties is determined objectively only by the way in which the pay-ment of labor is made.If a labor relationship is not established,the relationship between such parties constitutes a mandate or a contract,but not a de facto labor relationship or a labor serv-ice relationship.As for senior workers who are re-employed after retirement,Japan considers them to be in a labor relationship with their employers and enjoy all the protections provided by the labor law,and they may be covered by various types of social insurance,have their status of the insured extended,and enjoy the various payment systems designed for senior workers and senior job seekers.
出处
《环球法律评论》
北大核心
2025年第4期184-198,共15页
Global Law Review
