On 10 May 2026, China's Ministry of Human Resources and Social Security, together with the National Health Commission, the Ministry of Emergency Management, the State Taxation Administration, and the National Healthcare Security Administration, jointly issued the Interim Provisions on the Protection of Basic Rights and Interests of Over-Age Workers (Order No. 56) (the "Provisions"). The Provisions will take effect on 1 July 2026.
The Provisions establish, for the first time, a nationwide framework for protecting individuals who continue working after reaching the statutory retirement age. They provide minimum protections regarding remuneration, working conditions, occupational safety, and work-injury coverage for China's growing population of post-retirement workers.
Who Is an Over-Age Worker?
The Provisions apply to individuals who:
Have exceeded the statutory retirement age;
Are engaged by an employer;
Work under the employer's management and direction; and
Receive remuneration for their work.
The Provisions also apply to individuals who have formally retired and are subsequently re-employed by an employer.
However, employees who are participating in China's flexible delayed retirement scheme are not covered by the Provisions. During the delayed retirement period, they remain subject to the Labor Contract Law and other laws governing ordinary employment relationships.
Written Engagement Agreement
Employers are required to enter into a written engagement agreement with over-age workers.
The agreement should specify key terms including:
Duration of engagement;
Job duties and workplace;
Working hours;
Rest and leave arrangements;
Remuneration standards, payment schedule, and payment method;
Social insurance arrangements;
Occupational safety and health measures; and
Working conditions and labor protection.
Any amendment to the agreement must be mutually agreed upon by the parties.
Fundamental Rights of Over-Age Workers
The Provisions expressly guarantee four basic rights.
1. Right to Remuneration
Employers must:
Pay remuneration in full and on time;
Pay at least the applicable local minimum wage for normal work performed;
Make payments in legal currency (RMB); and
Refrain from unlawful deductions or wage arrears.
Employers that fail to comply may be subject to administrative penalties and compensation obligations under applicable labor laws.
2. Right to Rest and Leave
Employers must reasonably arrange working hours and rest periods.
As a general principle, over-age workers should not be required to work overtime. Where overtime is necessary, employers must comply with the relevant provisions of the Labor Law regarding maximum overtime limits and overtime compensation.
3. Right to Occupational Safety and Health
Employers must provide:
A safe working environment;
Necessary protective equipment;
Occupational health protections; and
Measures to prevent workplace hazards and occupational diseases.
Over-age workers are also required to comply with workplace rules and safety procedures.
4. Right to Work-Injury Protection
Employers must enroll over-age workers in the work-related injury insurance scheme and pay all required premiums.
If an over-age worker suffers a work-related injury or occupational disease, he or she is entitled to work-injury protection in accordance with applicable regulations. Where an employer fails to obtain the required insurance coverage, the employer may be required to bear the corresponding costs and liabilities.
Working Hours and Overtime
The Provisions provide enhanced protection regarding working hours for over-age workers.
Employers should generally avoid arranging overtime work. If overtime is necessary, the employer must comply with the overtime restrictions and compensation requirements prescribed by the Labor Law, including:
Overtime generally not exceeding one hour per day;
Up to three hours per day under special circumstances where workers' health is protected;
No more than thirty-six hours of overtime per month;
Double pay for work performed on rest days where compensatory leave cannot be arranged; and
Triple pay for work performed on statutory holidays.
Social Insurance
Pension Insurance
For individuals who are already receiving basic pension benefits:
Continued employment does not affect their entitlement to pension payments; and
Additional pension contributions are generally not required.
For individuals who have not yet begun receiving pension benefits:
They may continue participating in the pension system as individuals; and
Subject to mutual agreement, employers may also make pension contributions on their behalf.
Medical Insurance
For individuals already enjoying retiree medical insurance benefits:
Continued employment does not affect their medical insurance benefits; and
Additional contributions are generally not required.
For individuals who have not yet obtained retiree medical insurance benefits:
They may continue participating individually; and
Employers may contribute on their behalf if mutually agreed.
Unlike work-injury insurance, employer participation in pension and medical insurance for over-age workers is generally voluntary and subject to agreement between the parties.
Dispute Resolution
The Provisions distinguish between labor-related disputes and ordinary civil disputes.
The following disputes are subject to the labor dispute resolution mechanism, including mandatory labor arbitration before court proceedings:
Remuneration disputes;
Rest and leave disputes;
Occupational safety and health disputes; and
Work-injury protection disputes.
Other disputes arising from the engagement agreement, such as ordinary contractual disputes or certain personal injury claims, may generally be brought directly before the courts without prior labor arbitration.
Nature of the Relationship
A key feature of the Provisions is that the relationship between an employer and an over-age worker is characterized as an engagement relationship based on an engagement agreement rather than a standard employment relationship.
As a result, over-age workers do not automatically enjoy the full range of rights and protections available under the Labor Contract Law, such as statutory severance, restrictions on termination, and certain employee benefits. Instead, they are entitled to the specific protections expressly provided by the Provisions.
Enforcement and Remedies
Over-age workers may seek protection through:
Complaints to labor authorities concerning wage payment, overtime, and minimum wage violations;
Complaints to emergency management or health authorities concerning occupational safety and health issues;
Labor arbitration for disputes covered by the Provisions; and
Civil litigation where appropriate.
Practical Implications for Employers
Employers engaging individuals who have exceeded the statutory retirement age should:
Enter into written engagement agreements with all over-age workers;
Review remuneration arrangements to ensure compliance with minimum wage requirements;
Properly manage working hours and avoid excessive overtime;
Provide appropriate workplace safety and health protections;
Ensure enrollment in work-related injury insurance; and
Review existing re-employment arrangements to ensure compliance before the Provisions take effect on 1 July 2026.
Conclusion
The Provisions represent a significant development in China's employment and social protection framework. They establish a dedicated set of minimum protections for individuals working beyond retirement age, balancing the growing participation of older workers in the labor market with the need to safeguard their fundamental rights and interests. While the Provisions do not create a full employment relationship, they provide greater legal certainty for both employers and over-age workers regarding remuneration, working conditions, occupational safety, and work-injury protection.
By David Gao, a qualified Chinese lawyer with 20+years of legal practice based in Beijing China.
Email: gaohexin@jingsh.com
