China: Five Departments: Issued the Interim Provisions on Safeguarding the Basic Rights and Interests of Employees beyond Statutory Retirement Age
On May 10, 2026, 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 jointly issued the Interim Provisions on Safeguarding the Basic Rights and Interests of Employees beyond Statutory Retirement Age (the “Provisions”), which will take effect on July 1, 2026. The Provisions apply to individuals who have exceeded the statutory retirement age, are subject to employers’ labour management, and perform paid work, and clarify their basic rights and interests in areas such as remuneration, rest and leave, occupational safety and health, and work-related injury protection. Employers are required to enter into written employment agreements with such individuals, specifying key matters including job duties, remuneration, leave, social insurance participation, and labour protection. The Provisions also require that regular remuneration not be lower than the local minimum wage standard, salaries be paid in monetary form at least once per month, overtime generally not be arranged, hazardous operations not be assigned, and occupational safety and health training and work-related injury insurance be provided. Existing pension and medical insurance benefits will not be affected, while individuals who have not yet received such benefits may continue to participate in the relevant insurance schemes in accordance with applicable rules.
Key Action Points
Employers should review all individuals working beyond the statutory retirement age, including re-engaged retirees and consultants who are in substance subject to the employer’s management. The review should cover their retirement, written agreements, remuneration, working hours, job safety risks, and work-related injury insurance coverage. Employers should also standardize salary and attendance records, avoid assigning high-risk or high-intensity work where possible, provide necessary safety training and risk disclosures, and promptly consult local social insurance authorities on work-related injury insurance enrolment. Commercial insurance may be used as supplementary protection, but should not be treated as a substitute for statutory work-related injury insurance.
