China: Supreme People’s Court Issued the Decision on Amending the Provisions on Causes of Action in Civil Cases

On December 17, the Supreme People’s Court issued the revised Provisions on Causes of Action in Civil Cases (the “Provisions”), which will take effect on 1 January 2026.

The Provisions include several key amendments related to employment laws, specifically, adding “Disputes over Employment in New Forms of Employment” as a second-level cause of action, with three third-level causes of action under it, which are contract disputes, social insurance disputes and occupational injury protection disputes. Separately, under the second-level cause of action of Labour Dispute, adding “Disputes over Employment of Over-Age Workers” and “Disputes over Primary Employer Liability of Contractors and Hookup Entities.” Concurrently, “Disputes over Reemployment Contracts of Retired Personnel” is removed, with “Disputes over Service Contracts of Over-Age Workers” being added under Disputes over Employment Service Contracts.

Key Action Points

These amendments reflect the judiciary’s legal response to the rapid development of new forms of employment and, at the same time, continue the consistent emphasis on the issue of employment beyond statutory retirement age since the Supreme People’s Court issued the Interpretation (II) on Several Issues Concerning the Application of Law in the Trial of Labour Dispute Cases, institutionalizing and legalizing the protection of the core legitimate rights and interests of over-age workers.