超龄劳动者再就业正由个别现象转化为常见劳动形态。现行规则将法定退休年龄、养老待遇领取与劳动关系终止三重效果捆绑于同一年龄节点，导致劳动法对继续劳动事实的体系化保障不足：退休制度仍以强制退出为基本预设，养老待遇规则被嵌入劳动关系终止判断，成为排除劳动法适用的依据，劳动权、退休权与社会保险权由此在退休节点上形成结构失衡。法治化应对应当回到继续劳动的事实本身，重新协调三类权利的实现机制，将超龄劳动者再就业关系定位为以事实从属性为认定核心的特殊劳动关系，解除法定退休年龄与劳动合同当然终止之间的强制连接，使养老待遇规则回归生活保障的本来定位。

The reemployment of over-age workers is gradually shifting from an isolated phenomenon to a common form of labor participation. Current rules tie the receipt of pension benefits and the termination of employment contracts to a single age threshold, the statutory retirement age. As a result, labor law still lacks a systematic framework for protecting continued work. The retirement system continues to presuppose mandatory withdrawal from employment, while pension entitlement rules remain embedded in decisions concerning the termination and continued performance of employment contracts, thereby narrowing the scope of labor-law protection. Consequently, the right to work, the right to retire, and the right to social insurance remain structurally imbalanced at the point of retirement. Legal responses should take the fact of continued work as their point of departure, recalibrate the mechanisms through which these three rights are realized, characterize the reemployment of over-age workers as a special employment relationship, with factual subordination serving as the core criterion, sever the mandatory linkage between the statutory retirement age and the automatic termination of employment contracts, and restore pension entitlement rules to their basic function of safeguarding livelihood security.

D922.5

国家社科基金一般项目（23BFX091）