The number of over-age workers in China has been increasing year by year. Previously, such workers were mostly deemed to have established a civil (service) relationship rather than an employment relationship, and thus were not protected by labour law, leaving their labour rights and interests inadequately safeguarded. This Provisions  is the first special rule in China that explicitly sets forth the rights and interests of over-age workers. It is introduced alongside the policy of gradually raising the statutory retirement age and aims to fill gaps in the current labour protection system. The main contents are as follows:

• Scope of Application:

1. Applicable subjects: workers who have exceeded the statutory retirement age and are under the management of an employer and receive remuneration; as well as workers who, after having taken early retirement in accordance with the relevant provisions, are re-employed.
2. Excluded subjects: workers who, in accordance with the relevant provisions, are on flexible delayed retirement. During the period of flexible delayed retirement, the provisions of the Labour Contract Law and the Regulations on the Management of Personnel in Public Institutions shall apply.

• Four Core Rights and Interests：

1. Labour remuneration: Shall not be lower than the local minimum wage standard, and the employer shall pay it in full, in monetary form, on a monthly basis.
2. Rest and leave: The employer shall comply with the provisions on statutory working hours and generally shall not arrange overtime work for over‑age workers. If overtime is truly necessary, it shall be implemented in accordance with the Labour Contract Law.
3. Occupational safety and health: The employer shall, based on the physical condition of over‑age workers, assign suitable posts and work intensity, prohibit arranging work involving high‑risk or hazardous operations, and conduct safety and occupational health training in accordance with regulations.
4. Work‑related injury protection: The employer is mandatorily required to cover over‑age workers under work‑related injury insurance (individuals do not pay contributions). The determination of work‑related injuries, assessment of capacity for work, and work‑related injury benefits for over‑age workers shall be handled with reference to the existing provisions on work‑related injury insurance.

• Social Insurance Coordination: For over‑age workers who are already receiving retirement benefits for pension and medical insurance, their existing benefits shall remain unchanged. Those not receiving such benefits may continue to participate in insurance in their personal capacity, or, through consultation, the employer may pay the contributions on their behalf, with the individual’s share withheld and remitted by the employer.
• Employment Agreement: The employer shall enter into a written employment agreement with over‑age workers, stipulating matters such as work content, remuneration, social insurance, and other relevant items.
• Dispute Resolution: Disputes arising from the “Four Core Rights and Interests” shall be governed by the Law on Mediation and Arbitration of Labour Disputes and shall be subject to mandatory prior labour arbitration. Disputes arising from other matters shall be handled in accordance with ordinary civil litigation procedures, and the parties concerned may directly file a lawsuit with the people's court.