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Protection of Over-Age Employees Rights in China

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Protection of Over-Age Employees Rights in China

Recently, the Ministry of Human Resources and Social Security and other government authorities of the PRC jointly released the Interim Provisions on the Protection of the Basic Rights and Interests of Over-Age Employees (hereinafter referred to as the Interim Provisions), which will take effect on 1 July 2026.

The main purpose of the Provisional Provisions is to safeguard the basic rights and interests of employees over the statutory retirement age, including remuneration, working hours, rest and leave, labour safety and work-related injury protection. The main contents are as follows:

  1. Employment Agreement

    The employer must sign a written employment agreement with the over-age employee, which shall specify the duration of agreement, work duties, work location, working hours, rest and leave, remuneration, social insurance, labour protection, working conditions, occupational hazard protection and other matters.

  2. Remuneration

    (1)
    The remuneration of the over-age employee shall not be lower than the local minimum wage standard.

    (2)
    The employer must pay full wages on time as agreed, at least once a month, and shall not substitute them with physical goods or securities, nor withhold or delay payment.

  3. Working Hours, Rest and Leave

    (1)
    The employer shall reasonably arrange the working hours, rest and leave of the over-age employee, and comply with the Regulations of the State Council on Working Hours for Employees and the National Holiday and Memorial Day Vacation Measures.

    (2)
    Generally overtime shall not be arranged for the over-age employee. When it is necessary for production and operation, the provisions of Articles 41, 42 and 44 of the Labour Law must apply.

  4. Labour Safety and Work-Related Protection

    (1)
    The employer shall determine suitable job positions and labor intensity based on the physical condition of the over-age employee and shall not arrange for the over-age employee to engage in labour or hazardous operations that endanger his or her physical and mental health.

    (2)
    The employer must pay work-related injury insurance for the over-age employee and the employee is not required to pay. If it is necessary to extend the payment of pension insurance, it can be paid by the employee or through negotiation withheld and paid by the employer.

  5. Dispute Resolution

    If there is a dispute between the employer and the over-age employee over remuneration, rest and leave, labour safety and health, or work-related injury protection, the labour dispute resolution rules shall apply, that is arbitration shall be conducted before litigation. In case of disputes arising from other matters, the parties may directly file a lawsuit with the court.

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Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

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