Law

Protect the rights and interests of over aged workers! China plans to introduce new regulations

2025-08-01   

On July 31st, the Ministry of Human Resources and Social Security issued the "Interim Provisions on the Protection of Basic Rights and Interests of Over aged Workers (Draft for Public Solicitation of Opinions)", which for the first time clarifies the scope and level of protection of basic rights and interests of over aged workers, and provides legal basis for their rights protection. Over aged workers refer to workers who have exceeded the statutory retirement age. A professor from the School of Labor Economics at Capital University of Economics and Business stated that previously, due to the inability to directly apply current labor laws and labor contract laws, the rights and interests of over aged workers faced insufficient legal protection, and difficulties such as unclear basis, blocked channels, and unsmooth systems were encountered when safeguarding their rights. According to the interim regulations, employers shall enter into a written employment agreement with overage workers, specifying the work content, work location, working hours, agreement period, rest and vacation, labor remuneration, social insurance, and other matters. Employers generally do not arrange overtime for workers who are over the age limit, and are not allowed to arrange for workers who are over the age limit to engage in labor or hazardous operations that pose occupational taboos or harm their physical and mental health. In response to the difficulty of obtaining work-related injury insurance protection for overage workers, the interim regulations emphasize that employers should participate in work-related injury insurance for overage workers in accordance with national regulations and pay work-related injury insurance premiums. Individuals do not pay work-related injury insurance premiums. Including overage workers in the scope of work-related injury insurance ensures their right to compensation in the event of a work-related injury. ”Huang Kun, Director of the Labor Dispute Research Office at the Chinese Academy of Labor and Social Security Sciences, believes that. Can retirees continue to receive pension benefits after re employment? According to the provisional regulations, if an overage worker has already enjoyed basic pension insurance benefits and employee medical insurance retirement benefits and continues to work, their enjoyment of basic pension insurance and employee basic medical insurance benefits shall not be changed. The interim regulations fully consider the different situations in which overage workers enjoy pension and medical insurance benefits. In order to avoid affecting their employment opportunities, for overage workers who have not yet reached the minimum payment period for basic pension insurance or basic medical insurance, it is proposed that they can continue to pay relevant social insurance premiums in their personal capacity, or negotiate with employers to participate in and pay premiums through their employers. ”Huang Kun said. How to protect one's rights if an employer maliciously owes wages, deducts wages, or evades insurance liability? On the one hand, the provisional regulations include the basic rights and interests of over aged workers in the scope of labor security supervision, safety production, and occupational disease prevention and control supervision and management; On the other hand, disputes over the basic rights and interests of over aged workers will be included in the scope of labor dispute mediation and arbitration, providing over aged workers with more convenient and efficient channels for safeguarding their rights and interests. These regulations comprehensively cover the basic rights and other legitimate rights and interests protection of over aged workers, and establish a collaborative mechanism among judicial and quasi judicial departments, administrative departments, and trade union organizations, which will promote the formation of a joint force and implement the basic rights and interests protection of over aged workers. ”Scope statement: "This is a necessary measure to implement the national strategy of actively responding to population aging, which will enable elderly people who still have the willingness and ability to work to more confidently and comfortably realize their labor value

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:XinhuaNet

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