Introduction
Starting from July 1, 2026, the Interim Provisions on the Protection of Basic Rights and Interests of Workers Beyond Statutory Retirement Age (the “Interim Provisions”) will officially come into effect. Jointly issued by the Ministry of Human Resources and Social Security, the National Health Commission, the Ministry of Emergency Management, the State Taxation Administration, and the National Healthcare Security Administration, the Interim Provisions represent China’s first departmental regulation specifically addressing the protection of basic rights and interests of workers who have exceeded the statutory retirement age.
Interim Provisions systematically clarifies the compliance boundaries, basic rights protection, work injury coverage, and dispute resolution mechanisms applicable to the engagement of workers beyond statutory retirement age. Previous practices of simply categorizing retired re-engaged personnel, consultants, temporary workers, or service providers as falling outside labor relationships will face higher compliance scrutiny.
According to data released by the National Bureau of Statistics in January this year, by the end of 2025, China’s population aged 60 and above had reached 323.38 million. In October 2024, the Ministry of Civil Affairs, the China National Committee on Ageing, the National Health Commission, the Ministry of Finance, the China Association on Aging, and the China Family Planning Association jointly released the Basic Data Bulletin of the Fifth Sample Survey on the Living Conditions of Urban and Rural Elderly People in China.
The bulletin shows that 19% of elderly people in China are engaged in income-generating work. This indicates that a considerable number of elderly individuals, although having exceeded the statutory retirement age, remain employed for various reasons. The introduction of the Interim Provisions helps fill gaps in the existing labor law framework and aims to clarify the rights and obligations between employers and workers beyond statutory retirement age, thereby protecting the lawful rights and interests of such workers.
Core contents
- 1. Scope of Application
Where an employing unit within the territory of the People’s Republic of China employs a worker who has exceeded the statutory retirement age (an “over‑age worker”), and such over‑age worker is subject to the employer’s labor management and performs remunerated work arranged by the employer, the Interim Provisions shall apply. Where a worker who has retired early in accordance with the relevant provisions is employed after retirement, such situation shall also fall within the scope of application of the Interim Provisions.
2. More Detailed Written Engagement Agreements
Article 6 of the Interim Provisions clearly requires employers to enter into written engagement agreements with over‑age workers. Such agreements shall specify matters including the agreement term, work content, workplace, working hours, rest and leave, labor remuneration, social insurance, labor protection, working conditions, and occupational hazard protection.
This means that the engagement of over-age workers can no longer rely on oral arrangements, simple re-engagement notices, or internal approval forms. Although the Interim Provisions use the term “engagement agreement” rather than “labor contract,” the required contents are already highly similar to the core elements of an employment agreement.
3. Clearer Rules on Remuneration and Working Hours
The Interim Provisions require employers and over‑age workers to agree on the specific amount of labor remuneration or the method of calculation, payment cycle, payment date, and payment method. Where a over‑age worker provides normal labor, the remuneration paid by the employer shall not be lower than the local minimum wage standard. Such remuneration shall be paid in monetary form, in full and on time, at least once per month, and shall not be withheld or delayed without justification.
In terms of working hours, the new rules require employers to reasonably arrange working hours, rest, and leave for over-age workers. As a general principle, overtime work should not be arranged for such workers. Where overtime is genuinely necessary, the employer shall comply with the Labor Law provisions on extended working hours and overtime pay. These rules will have a significant impact on positions such as gatekeepers, canteen workers, drivers, and retail store staff. In practice, such roles often involve long hours, shift work, or holiday duty. After the implementation of the new rules, employers may not reduce remuneration standards merely because the worker has retired or receives pension benefits, nor may they exclude over-age workers from rest and leave management.
4. Strengthened Occupational Safety Obligations
Articles 13 and 14 of the Interim Provisions require employers to determine suitable positions and labor intensity based on the physical condition of over-age workers. Employers shall not assign such workers to work that may harm their physical or mental health or involve dangerous operations. Employers are also required to provide safety production and occupational health education and training.
This marks a shift in employer responsibility from post-accident compensation to earlier-stage position arrangement, risk assessment, and process management. For industries such as manufacturing, chemicals, logistics, and warehousing, where over-age workers may be involved in high-temperature work, work at heights, night patrols, equipment operation, or chemical exposure, employers should conduct more prudent suitability assessments.
5. Work Injury Protection Becomes a Key Focus
Article 15 of the Interim Provisions provides that employers shall enroll over-age over-age workers in work injury insurance and pay the relevant premiums. The individual workers are not required to make contributions. Where a worker beyond statutory retirement age suffers an accident injury or occupational disease due to work, work injury recognition, labor capacity assessment, and corresponding work injury benefits shall be handled in accordance with applicable rules.
This is one of the provisions with the greatest impact on employers. In the past, companies often used commercial accident insurance as a substitute for work injury insurance, or argued after an accident that the parties were merely in a service relationship in order to reduce liability. After the implementation of the new rules, work injury insurance will become a statutory matter that must be properly addressed when directly engaging over-age workers. Commercial insurance may serve as a supplement, but should not be regarded as a substitute for statutory work injury protection.
6.Clearer Dispute Resolution Pathways
Article 19 of the Interim Provisions provides that disputes concerning labor remuneration, rest and leave, occupational safety and health, and work injury protection shall be handled in accordance with the Labor Dispute Mediation and Arbitration Law. Disputes concerning other matters may be brought before the people’s courts in accordance with law. Article 20 further provides that where an employer violates rules relating to overtime, minimum wage, or wage payment, over-age workers may file a complaint with the human resources and social security authority, which may conduct labor security supervision in accordance with law.
This means that the room for employers to exclude labor dispute procedures by arguing that “there is no labor relationship between the parties” will be significantly narrowed. At least in relation to labor remuneration, rest and leave, occupational safety and health, and work injury protection, arbitration and administrative remedy channels for over-age workers have now been clearly established.
Conclusion
Overall, the Interim Provisions establish a set of rights protection rules for over-age workers in situations where the existence or boundaries of a labor relationship may be disputed or unclear. For foreign-invested enterprises in China, the key impact of the Interim Provisions is not that companies may no longer engage retired personnel. Instead, companies must manage the engagement of over-age workers in a more standardized and transparent manner. Going forward, the management of over-age workers should become an important compliance matter for enterprises.
