Think Tank

Effectively safeguard the rights and interests of over aged workers

2025-08-12   

Recently, the Ministry of Human Resources and Social Security released the "Interim Provisions on the Protection of Basic Rights and Interests of Over aged Workers (Draft for Public Solicitation of Opinions)", which is necessary to thoroughly implement the national strategy of actively responding to the aging population and provide more comprehensive legal protection for the rights and interests of the continuously expanding team of over aged workers in China. Promoting and safeguarding the labor and employment rights of the elderly is an important measure for China to develop the silver economy and actively respond to population aging. For some time now, the scale of over aged workers in China has shown an expanding trend, and the protection of their rights and interests has become an increasingly important issue. The Supreme People's Court has issued the "Opinions on Providing Judicial Services and Guarantees for the Implementation of the National Strategy of Actively Responding to Population Aging", which proposes to strengthen the protection of the labor rights and interests of the elderly and promote their sense of purpose. According to estimates, the total number of over aged workers in China ranges from 87.208 million to 122.546 million, of which 54.383 million to 76.42 million are employed in urban areas. Some regions have introduced corresponding policies and actively taken measures to protect the rights and interests of over aged workers. Foshan City and other places in Guangdong Province have established elderly employment centers such as silver haired gig stations, forming an online and offline linkage network for elderly employment. Online registration and resume submission are carried out, while offline job introduction and training are provided to create and match diversified and personalized employment positions suitable for the elderly, promoting their employment. Jiangsu Province and other places have previously issued policy documents to expand the coverage of work-related injury insurance, allowing employers to separately pay work-related injury insurance for overage workers. Data shows that as of the end of 2024, a total of 142000 overage individuals in Jiangsu Province have participated in work-related injury insurance alone, including 1704 individuals who have received basic old-age insurance benefits for urban and rural residents. It should be noted that there are still some shortcomings in the protection of the rights and interests of over aged workers in China. For example, if the legal identity of the worker is unclear, they cannot enjoy the rights stipulated by labor laws; The standards for protecting rights and interests also lack mandatory legal provisions, and are entirely agreed upon in contracts between workers and employers. However, over aged workers have relatively weak negotiation skills, and it is common for them to not sign contracts or sign unfair contracts. In addition, the public employment service system needs to be improved, and over aged workers find it difficult to obtain targeted employment and vocational training opportunities. They also face obstacles in seeking relief after their rights are violated, and cannot conveniently protect their rights through labor supervision and labor dispute arbitration. In the future, we need to establish an aging friendly institutional system and public service system. The government should use policies such as fiscal subsidies, taxation, and social insurance exemptions to support and encourage employers to hire overage workers; Set up silver hair service center pages on various digital government apps, establish elderly employment service stations in streets and communities, form online and offline linkage, and provide highly convenient and accessible employment introduction, vocational training, rights protection and other services for over aged workers. At the enterprise level, create an employment friendly workplace environment for overage workers. Enterprises and other employers should establish the concept of equal employment, prohibit age discrimination in employment, strengthen the aging friendly transformation of workplaces, optimize skills training, and better attract and develop silver haired human resources. Sign and improve employment agreements, clearly define the rights and obligations of both parties and their standards, and legally protect the basic rights and interests of overage workers; Optimize employment management measures, arrange working hours and rest and vacation reasonably according to the characteristics of overage workers, and purchase commercial insurance such as employer liability insurance in addition to work-related injury insurance to provide them with more comprehensive protection. For overage workers, they should actively participate in labor employment and vocational training, continuously improve their labor abilities, and adapt to the needs of social development. Require employers to sign employment agreements in accordance with the law, clarify their own rights and obligations, and effectively fulfill them, strictly abide by the rules, regulations, and management requirements of the employer. When rights are violated, they can be protected by labor unions, labor inspections, labor arbitration, and litigation in accordance with the law. (New Society)

Edit:Luo yu Responsible editor:Zhou shu

Source:ECONOMIC DAILY

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