The results of the review on the legal issues regarding the operation of the mendatory retirement-age system and employment of the aged after retirement are as follows.
The legal nature of A is considered to be a working contract that sets the date of retirement and termination. In relation to the legal retirement age system, it is reasonable to judge when the retirement age is reached based on the date of birth listed in the family relationship registration rather than the person"s intention.
In case of a new retirement age system, if there are workers who are already past retirement age, they will have to obtain collective consent from workers. If there are no workers who are past retirement age, to the extent that the employer is allowed to justify without violating the law, the employer may unilaterally introduce the system.
If the retirement age is reached during the period, the end of the work relationship can be determined according to the intention of the employers and workers involved and the business practice.
If there was a continuing supply of workers and wages despite knowing that they were past retirement age, it would be a new contract with no fixed terms. In principle, it is necessary to obtain the collective consent of workers in order to ensure that the retirement policy within the employment rules that are not in effect is legal.
Expectations can also be granted for continuing employment of retirees. Renewal expectation are also recognized for workers with periods past retirement age, although for reasonable reasons factors may be taken into account. The workers’s consent is required to change the criteria of renewal expectation or remove renewal expectation.