A 60 year old express sorting worker in Ningbo died suddenly in the early morning, and there is a disagreement between the family and the company over the compensation plan. The Human Resources and Social Security Bureau pointed out that the 60 year old is not a worker and it is difficult to determine work-related injuries without paying work-related injury insurance, which has aroused social attention to the recognition of work-related injuries and the protection of the rights and interests of the elderly.

A 60 year old express sorting worker in Ningbo died suddenly in the early morning, and there is a disagreement between the family and the company over the compensation plan. The Human Resources and Social Security Bureau pointed out that the 60 year old is not a worker and it is difficult to determine work-related injuries without paying work-related injury insurance, which has aroused social attention to the recognition of work-related injuries and the protection of the rights and interests of the elderly.

1、 Labor contract? service contract?

This article elaborates on the differences between labor contracts and service contracts, pointing out that labor contracts establish the labor relationship between workers and employers, involving economic and personal relationships, while service contracts only involve property relationships, and both parties have equal legal status. In the labor contract, the employer has the obligation to pay five insurances and one fund for the employee, while the labor contract is more flexible, and the employer usually does not assume the obligation of work-related injury insurance.

2、 Age limit for labor contracts

The labor contract has age restrictions on workers, and employees who are over 60 years old cannot sign a labor contract and can only be employed in the form of a labor contract. After the statutory retirement age, the re employment relationship is recognized as a labor relationship and there is no work-related injury insurance. Therefore, the sudden death of a 60 year old person on the job cannot be recognized as a work-related injury and cannot be compensated through work-related injury insurance.

3、 How to seek relief for work-related injuries?

There are differences between labor relations and service relations in the ways of safeguarding rights for work-related injuries. Labor disputes require arbitration before litigation, while labor contract disputes are governed by civil law, and employees can negotiate or directly sue. In cases of sudden death of elderly people, family members can claim compensation according to the Civil Code, including medical expenses, lost income, assistive device fees, disability compensation, funeral expenses, and death compensation.

4、 Conclusion

The age limit for workers in labor laws is aimed at protecting their health, but with the arrival of an aging society, the phenomenon of elderly people re entering the workforce is increasing, and the current laws lack sufficient protection for the rights and interests of elderly workers. The law should adapt to social changes, be updated in a timely manner, and ensure that all workers are respected and protected.