On May 10, 2025, five Chinese authorities—including the Ministry of Human Resources and Social Security (MOHRSS)—jointly issued the Interim Measures on the Protection of Basic Rights and Interests of Over-Age Workers (the “Measures”), which will take effect on July 1, 2026.
The Measures represent a significant regulatory development in the context of China’s gradual retirement age reform and aging workforce, providing a clearer legal framework for engaging individuals who have exceeded the statutory retirement age.
The current retirement ages in China are as follows:
Historically, individuals working beyond retirement age have generally not been treated as employees under People’s Republic of China (PRC) law. Instead, their relationship with employers has typically been characterized as a civil relationship governed by the PRC Civil Code, with limited statutory protections. The Measures mark a meaningful shift toward formalizing this long-standing yet legally ambiguous segment of the workforce.
Mandatory Written Agreements and Core Terms
The Measures require employers to enter into written engagement agreements with over-age workers, marking a departure from prior informal practices. These agreements must specify key terms, including:
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