Chinese authorities announced on May 29 that the Interim Measures on the Protection of Basic Rights and Interests of Over-Age Workers will take effect starting July 1, 2026. The new regulations, issued jointly by five government bodies including the Ministry of Human Resources and Social Security, establish a formal legal framework for employing individuals who have surpassed the statutory retirement age.
The current retirement ages in China are gradually increasing: men from 60 to 63 years, female cadres from 55 to 58 years, and female workers from 50 to 55 years. Historically, people working beyond these ages were not considered employees under Chinese law; instead, their engagement was governed by civil law with limited protections. The Measures represent a shift toward greater regulation and protection for this segment of the workforce.
Under the new rules, employers must enter into written agreements with over-age workers. These agreements must specify details such as scope of work, location and duration of employment, working hours and leave arrangements, compensation structure and payment terms, social insurance provisions, and workplace safety measures. The Measures also guarantee minimum rights similar to those afforded regular employees: pay cannot fall below local minimum wage standards; wages must be paid in full at least monthly; safe roles should be provided based on health assessments; overtime is restricted by statute with mandatory additional payment; and occupational health training is required.
A significant change introduced by these regulations is that employers are now required to enroll over-age workers in work-related injury insurance programs—something not previously mandated. Employers must make contributions for this coverage while over-age workers themselves are exempt from paying into it. Work injuries or occupational diseases affecting these employees will now be addressed within China’s formal work injury framework.
Regarding pension and medical insurance participation for over-age workers already receiving benefits or those not yet enrolled in such programs remains flexible under mutual agreement between employer and worker. Termination procedures have been simplified compared to standard labor contracts: contractual agreements may allow termination without statutory cause or notice. Disputes concerning wages or safety now fall under labor arbitration mechanisms rather than only through civil litigation.
Employers operating in China are advised to review existing practices related to retirees or over-age staff before July 1 next year—particularly regarding written engagement terms, budgeting for mandatory insurance contributions, and ensuring compliance with minimum standards.
