China has issued the Interim Provisions on the Protection of Basic Rights and Interests of Over-Age Workers (《超龄劳动者基本权益保障暂行规定》) (the “Provisions”). The Provisions establish the country’s first national framework governing the engagement and protection of individuals who continue working after reaching the statutory retirement age / after retirement.
The Provisions were jointly issued by the Ministry of Human Resources and Social Security, the National Health Commission, the Ministry of Emergency Management, the State Taxation Administration, and the National Healthcare Security Administration on May 10, 2026 and will take effect on July 1, 2026.
The new rules provide greater legal certainty for employers engaging retirees and other over-age workers, while introducing specific obligations concerning written agreements, remuneration payment, working conditions, occupational safety, social insurance participation, and dispute resolution.
For many employers, the Provisions represent a significant shift in the legal landscape. Although they stop short of characterizing engagements with over-age workers as ordinary labor relationships, they incorporate a number of protections traditionally associated with labor law and are likely to...
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