Employer action code: Act
The Ministry of Human Resources and Social Security and four other government agencies have issued Interim Provisions on protecting the rights and interests of employees who work beyond social security normal retirement age (NRA). Currently, employment of such workers is primarily regulated by the Civil Code rather than existing labor and social insurance laws. The government’s aim is to formalize the employment of older workers—by standardizing market practices, strengthening protections for senior workers (including pay, safety, and injury coverage), and supporting the broader policy direction of delayed retirement.
Key details
The provisions for employees who continue to work past NRA take effect on July 1, 2026, and include the following:
- Employers must enter into a written agreement setting out the rights and obligations of both parties. As of 2026, NRA is 60 and three months for men, 55 and three months for women in salaried positions, and 50 and six months for women who are wage earners; NRA is gradually increasing through 2040 until reaching age 63 for men, age 58 for women in salaried positions and age 55 for women who are wage earners
- Agreements must specify, among other things, salary or wages, including the calculation method and payment dates (which must be at least monthly). Pay may not be lower than the minimum wage. Employees must be enrolled in workers compensation insurance, but any coverage by other social security programs is left to employer and employee agreement
- Employers must comply with applicable laws and regulations on working hours, including overtime, rest periods, and statutory annual leave and public holidays
- Employers must assign job duties and responsibilities that are appropriate to the employee’s skills, experience and physical ability as well as provide the necessary workplace safety and occupational health training. Employers must not assign such employees to hazardous work, and overtime should be limited
Employer implications
The 2026 regulation significantly reshapes corporate hiring of retirees by shifting it from a loosely managed, low-cost arrangement to a more regulated and compliance-driven framework—requiring formal contracts, enhanced worker protections (including pay, safety, and injury coverage), and greater employer accountability—while prompting employers to strengthen contract standardization, risk management, and multi-generational workforce planning.
According to government data, China's population aged 60 and above had reached 324 million at the end of 2025, representing 23% of the country's total population. The government does not publish data on the percentage of workers who continue to work past NRA, but traditionally working past NRA appears to occur primarily in rural areas, agricultural work and self-employment. However, the working age population has been declining for over a decade, which should in theory result in increased demand for workers as the supply of workers shrinks. Employers should review any existing agreements or arrangements for workers nearing or working past NRA as well as workforce management policies on the employment of older workers.
