The “Interim Provisions on the Protection of Basic Rights and Interests of Elderly Workers” will take effect on July 1, 2026
In China, with the backdrop of a notable population aging trend and longer average life expectancy driven by improved living standards, an increasing number of people continue to work after reaching the statutory retirement age. To protect the rights and interests of them (hereinafter referred to as “elderly workers”), the Ministry of Human Resources and Social Security, together with four other central government departments, issued the “Interim Provisions on the Protection of Basic Rights and Interests of Elderly Workers” on May 10, 2026. The provisions shall come into force on July 1, 2026. The main contents are as follows:
- Two Categories of Applicable Scope
(1) Workers who have reached the statutory retirement age.
(2) Workers who have taken early retirement in compliance with relevant regulations.
- Major Rights and Interests of Elderly Workers
| Provision | Key Points |
| Article 6 | A written employment agreement shall be signed. |
| Article 9 | Working hours for elderly workers shall be arranged with reference to those for regular employees. Overtime work is generally prohibited. Where overtime is arranged out of necessity, overtime pay or compensatory leave shall be granted in accordance with the law. |
| Article 11 | Where elderly workers perform normal labor, their remuneration shall not be lower than the local minimum wage. |
| Article 13 | Elderly workers shall not be assigned to work or hazardous operations that may impair their physical and mental health. |
| Article 15 | Employers shall arrange work injury insurance coverage for elderly workers. Such workers are entitled to work injury determination, labor capacity appraisal and corresponding work injury insurance benefits. |
| Articles 16 & 17 | Elderly workers may concurrently enjoy pension and medical insurance benefits applicable to retirees.
Those who are not yet eligible for the aforesaid benefits (e.g., due to insufficient payment years) may continue paying pension insurance contributions either as individuals or through negotiation with their employers. |
| Article 19 | Disputes over labor remuneration, rest and vacation, occupational safety and health, as well as work injury protection shall be subject to prior labor arbitration. |
- Rules for Workers under Flexible Deferred Retirement
Article 23 stipulates that the Labor Contract Law shall still apply to elderly workers who adopt flexible deferred retirement.