Abstract:
The legal service of elderly labor force is mainly realized through systems of social security and employment security. Based on the theory of social withdrawal, the legal service strategy with social security as the focus provides generous pension for the elderly who withdraw from the labor market, and encourages early retirement, which is tortured by theory and pressed by reality in its operation. The legal service strategy focusing on the employment security system is based on the activity theory, taking the delaying of the retirement age as the core, extending the employment period of the labor force, and promoting the realization of “active aging”. However, if the strategy is simply implemented, it will have a negative impact on the physical and mental health of the elderly labor force, enterprise development, and social development. Our country seeks the balance of double focuses in practice, takes “improving social security” as the primary goal, and “safeguarding the employment of the elderly” as the important method to deal with the present predicament. In order to overcome the difficulties in seeking balance, the following methods should be taken: to strengthen the education of positive outlook on aging, prevent age discrimination, guarantee equal employment right, and realize old-age security through multiple channels.