China is updating its approach to employment and retirement as its population continues to age. A key step is the introduction of a national framework to protect individuals who continue working after reaching the statutory retirement age.
The Interim Provisions on the Protection of the Basic Rights and Interests of Over‑age Workers, issued by several central government bodies, including the Ministry of Human Resources and Social Security, will take effect on 1 July 2026.
These measures form part of a wider set of reforms aimed at making retirement more flexible and better aligned with current social and economic conditions.
Why Reform Was Needed
China’s ageing population has created growing pressure on both the labour market and the pension system. In response, there has been a clear policy focus on encouraging older individuals to remain in work where appropriate.
Until now, however, the legal framework did not fully reflect this trend. People who had reached retirement age were often no longer treated as employees under standard labour law. Instead, they typically worked under less formal civil arrangements, which offered fewer protections and greater uncertainty.
This gap between the reality of continued employment and the law highlighted the need for a more structured approach.
The New Framework
The new provisions establish, for the first time, a national framework specifically addressing the rights and interests of over‑age workers.
They aim to provide greater clarity for both employers and workers, while ensuring that individuals who continue working after retirement age are afforded a basic level of legal protection.
What the New Rules Do
Formal written agreements
Employers are expected to formalise arrangements with over‑age workers. Agreements should clearly set out core terms such as duties, pay, working hours and workplace conditions.
This brings these working arrangements closer to standard employment practices and reduces reliance on informal agreements.
Pay and working conditions.
The measures introduce clearer expectations around wages and working conditions. Employers must ensure that over‑age workers are treated fairly and that their work is appropriate to their health and physical condition.
There is also an emphasis on workplace safety, including avoiding tasks that may pose health risks and ensuring proper safety measures are in place.
Work injury protection.
A key development is the inclusion of over‑age workers within work injury protection arrangements, helping to address a longstanding gap where such workers could otherwise lack coverage in the event of a workplace injury.
Dispute resolution
The framework allows disputes involving over‑age workers to be dealt with through existing labour dispute resolution mechanisms, such as mediation and arbitration.
This provides a clearer and more consistent route for resolving disagreements and enforcing rights.
Continued participation in social security
The provisions also recognise that many individuals continue working after retirement for financial or personal reasons. They allow for continued participation in relevant social security and pension arrangements, adding a degree of flexibility.
A Subtle but Important Shift
Beyond the individual protections, the measures reflect a broader change in approach. Rather than focusing solely on whether a formal employment contract exists, they take into account the reality that many people continue working beyond retirement age.
This represents a shift towards a more practical and modern understanding of employment, where retirement is no longer a clear dividing line.
What This Means in Practice
For employers:
There will be a need to formalise working arrangements with over‑age workers and meet clearer expectations around pay, safety, and protection. While this may add some compliance requirements, it also provides greater legal certainty.
For employees:
Individuals who continue working beyond retirement age will benefit from clearer rights and more consistent protections, particularly in relation to pay, workplace safety and dispute resolution.
More broadly, the changes support China’s aim of encouraging older people to remain economically active while ensuring their rights are respected.
Leap29 Perspective
“There is a practical balance being struck here. On one hand, the provisions introduce more structure—formal agreements, clearer expectations, and defined protections. On the other hand, they recognise the need for flexibility, acknowledging that post‑retirement work is often varied and shaped by individual circumstances. That balance will be key to how effective these measures prove in practice,” Simon Duff, Director
