Key facts
- China has issued the Interim Provisions on the Protection of Basic Rights and Interests of Over-Age Workers.
- The new rules, effective July 1, 2026, aim to protect workers who continue employment after reaching retirement age.
- Employers must sign written agreements with over-age workers detailing terms, duties, remuneration, and safety.
- Remuneration must be paid in full and on time, at least monthly, and not fall below the local minimum wage.
- The provisions prohibit assigning hazardous tasks or overtime to over-age workers.
- Workplace safety training and inclusion in work-related injury insurance are required.
China is implementing new regulations to enhance protections for workers who continue employment beyond the statutory retirement age, a move aimed at bolstering the nation's shrinking labor force. The "Interim Provisions on the Protection of Basic Rights and Interests of Over-Age Workers," jointly issued by five government agencies including the Ministry of Human Resources and Social Security, will take effect on July 1, 2026.
The new framework establishes specific obligations for employers engaging individuals who have reached retirement age and continue to work for remuneration under their management. These requirements include the necessity of written agreements that clearly define terms such as contract duration, job duties, work location, working hours, rest and leave entitlements, remuneration, social insurance, occupational health and safety, and protection against occupational hazards.
Employers are mandated to pay remuneration in full and on time, at least once per month, and ensure that it is not lower than the applicable local minimum wage standard. The provisions also prohibit assigning hazardous tasks or work that could negatively impact the physical or mental health of over-age workers, and generally forbid overtime for this demographic. Furthermore, employers must provide workplace safety and occupational health training and include these workers in work-related injury insurance coverage.
The scope of the Provisions extends to individuals who retired early under applicable laws and are subsequently rehired, provided they continue to work under an employer's direction for remuneration. However, an exception exists for employees who postpone retirement under China's flexible delayed retirement policy; these individuals remain subject to ordinary labor law. Labor unions are also granted enhanced powers to safeguard the legal rights of over-age workers, supervise employer compliance, and support workers pursuing arbitration or litigation.