China to tighten protection of rights of people working after retirement

China will further tighten the protection of the working rights of people past retirement age returning to the job market, according to a draft regulation.

Five central departments including the Ministry of Human Resources and Social Security, National Health Commission, and the Ministry of Emergency Management jointly released the draft regulation on Thursday. The five departments are currently soliciting public opinion until August 31.

It is the nation's first document focusing on people past retirement age and their working benefits, reported Xinhua News Agency.

Under the proposed regulation, employers are encouraged to offer appropriate positions to individuals beyond retirement age, considering their expertise, skills, and background. They should establish written agreements outlining job responsibilities, work location, hours, breaks, holidays, compensation, social insurance, and workplace protections.

The draft stipulates that older workers in regular jobs need to be paid at least local minimum wage, prohibiting employers from assigning these workers roles that harm their physical or mental well-being.

Also, it requires employers to give the workers training and education on occupational safety to reduce or avoid accidents and harms during work, adding that the workers will enjoy job-related injury insurance.

Yao Junchang, cofounder of W&H Law Firm in Beijing, praised the draft regulation, saying "it shows China's strong intensity to protect people's working rights."

In his view, the written agreement between employers and workers past retirement age has nearly the same legal validity of standard labor contracts, clarifying those older workers enjoy roughly the same working rights and benefits as regular workers.

In recent years, the population of workers beyond retirement age has been increasing due to the shrinking working-age labor force, enhanced education and better health conditions of the elderly, and their eagerness to re-enter the job market, according to Li Chang'an, a professor at the Academy of China Open Economy Studies at the University of International Business and Economics.

He said the current labor law is not suitable for workers past retirement age thus they may face many challenges and difficulties in gaining working rights or benefits after rejoining the job market. He added that the draft regulation will fill the gap in the law.

Fan Wei, a professor from the School of Labor Economics at the Capital University of Economics and Business, told Xinhua News Agency that the proposed regulation is a necessary step to positively cope with the nation's aging problem, which will support elderly with employment wills and abilities to fulfill their value without worries.

From Jan 1, China has started to progressively raise the statutory retirement of male workers from 60 to 63 and females from 50 or 55 to 55 or 58, depending on their jobs or occupations, in 15 years. The move aims to better use the human resources based on scientific analysis on aging problem.

Latest data released by the Ministry of Civil Affairs showed that the nation has over 310.3 million people aged 60 years old and above by the end of 2024, accounting for 22 percent of the nation's total population. Among them, people aged 65 and above are around 220.2 million.