Spreading legal knowledge: the relevant law, the Interim Provisions on the Protection of the Basic Rights and Interests of Over-Age Workers.

Article 1 These Provisions are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Implementing the Gradual Delay of the Statutory Retirement Age and relevant legal provisions, in order to protect the lawful rights and interests of workers who have exceeded the statutory retirement age and to clarify the rights and obligations of employers and workers.

Article 2 Where an employer within the territory of the People's Republic of China recruits workers who have exceeded the statutory retirement age (hereinafter referred to as over-age workers), and such over-age workers are subject to the employer's labor management and engage in remunerated labor arranged by the employer, these Provisions shall apply. Where workers who have already retired early in accordance with the provisions are recruited by an employer after retirement, these Provisions shall be implemented.

Article 3 Human resources and social security, health, taxation, and medical security departments at all levels, departments responsible for the supervision and administration of work safety, trade unions, and organizations representing enterprises shall, in accordance with their duties, optimize policy measures, strengthen work coordination, and jointly do a good job in protecting the rights and interests of over-age workers.

Article 4 When recruiting over-age workers, employers shall, based on the knowledge, skills, and experience of over-age workers, provide employment positions suitable for over-age workers. Human resources service agencies are encouraged to provide employment services for over-age workers who are willing to work.

Article 5 Employers and over-age workers shall determine the rights and obligations of both parties in accordance with the principles of legality, fairness, equality and voluntariness, consensus through consultation, and good faith. Employers shall protect the basic rights and interests of over-age workers, including labor remuneration, rest and leave, labor safety and health, and work-related injury protection. Over-age workers shall abide by professional ethics and the employer's labor rules and regulations, implement work safety and occupational health procedures and standards, and complete labor tasks.

Article 6 Employers shall conclude a written employment agreement with over-age workers, specifying matters such as the term of the agreement, work content, workplace, working hours, rest and leave, labor remuneration, social insurance, labor protection, labor conditions, and occupational hazard protection.

Article 7 Through consensus reached by both parties, the contents agreed upon in the employment agreement may be changed.

Article 8 When the term of the employment agreement expires or the work content agreed upon by both parties is completed, the employment shall terminate. When the termination conditions agreed upon by both parties occur or both parties reach consensus through consultation to dissolve the employment agreement, the employment shall terminate.

Article 9 Employers shall, in accordance with the provisions of the Regulations of the State Council on Working Hours of Employees and the Measures for Holidays on National Annual Festivals and Commemorative Days, reasonably arrange the working hours and rest and leave of over-age workers, and generally shall not arrange overtime for over-age workers. Where an employer arranges overtime for over-age workers, it shall comply with the provisions of Articles 41, 42, and 44 of the Labor Law of the People's Republic of China.

Article 10 Employers shall clearly agree with over-age workers on matters such as the specific amount of labor remuneration or the remuneration calculation standard, payment cycle, payment time, and payment method.

Article 11 Where over-age workers provide normal labor, the labor remuneration paid by the employer shall not be lower than the local minimum wage standard.

Article 12 Employers shall pay labor remuneration to over-age workers themselves in monetary form in a timely and full amount as agreed, at least once a month, and shall not substitute it with other forms such as physical goods or securities, and shall not withhold or unjustifiably delay payment.

Article 13 Employers shall determine suitable positions and labor intensity based on the physical condition of over-age workers, and shall not arrange for over-age workers to engage in labor or dangerous operations that endanger their physical and mental health.

Article 14 Employers shall provide education and training on work safety and occupational health to over-age workers, implement work safety and occupational health procedures and standards, and prevent accidents and occupational diseases.

Article 15 Employers shall enroll over-age workers in work-related injury insurance and pay work-related injury insurance premiums; individuals shall not pay work-related injury insurance premiums. Where over-age workers suffer accidental injuries due to work reasons or suffer occupational diseases, work-related injury determination, labor capacity appraisal, and corresponding work-related injury protection benefits shall be carried out in accordance with the provisions. Measures for work-related injury protection for over-age workers shall be formulated separately.

Article 16 Where over-age workers who already enjoy basic pension insurance benefits continue to work, their enjoyment of basic pension insurance benefits shall not be changed. Where over-age workers do not enjoy basic pension insurance benefits and choose to continue participating in the basic pension insurance for employees, they may continue to pay the basic pension insurance premiums for employees as individuals; upon consensus reached through consultation with the employer, the employer may also pay the basic pension insurance premiums for employees for them in accordance with the provisions, and the basic pension insurance premiums for employees that individuals should pay shall be withheld and paid by the employer.

Article 17 Where over-age workers who already enjoy the treatment of retired personnel under the basic medical insurance for employees continue to work, their enjoyment of the treatment of the basic medical insurance for employees shall not be changed. Where over-age workers do not enjoy the treatment of retired personnel under the basic medical insurance for employees and choose to continue participating in the basic medical insurance for employees, they may continue to pay the basic medical insurance premiums for employees as individuals; upon consensus reached through consultation with the employer, the employer may also pay the basic medical insurance premiums for employees for them in accordance with relevant provisions, and the basic medical insurance premiums for employees that individuals should pay shall be withheld and paid by the employer.

Article 18 Social insurance handling agencies shall optimize handling procedures and provide convenient services for over-age workers and employers. Social insurance handling agencies shall improve age-friendly facilities and equipment to provide convenience for over-age workers.

Article 19 Disputes arising from labor remuneration, rest and leave, labor safety and health, and work-related injury protection clearly specified in these Provisions shall be handled in accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes. Where disputes arise over other matters, the parties may file a lawsuit with a people's court in accordance with the law.

Article 20 Where an employer violates the provisions of Article 9, paragraph 2, Article 11, or Article 12 of these Provisions, over-age workers may complain to the human resources and social security administrative department, and the human resources and social security administrative department shall conduct supervision in accordance with Article 85, items (1) to (3) of the Labor Contract Law of the People's Republic of China and the Regulations on Labor Security Supervision.

Article 21 Where an employer violates laws, regulations, and rules such as the Work Safety Law of the People's Republic of China and the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases, departments responsible for the supervision and administration of work safety and occupational disease prevention and control shall handle the matter in accordance with the law.

Article 22 Trade unions shall, in accordance with the law, safeguard the lawful rights and interests of over-age workers and supervise employers' protection of the lawful rights and interests of over-age workers. Where an employer infringes upon the lawful rights and interests of over-age workers, the trade union has the right to put forward opinions or request correction; where over-age workers apply for arbitration or file a lawsuit, the trade union shall provide support and assistance in accordance with the law.

Article 23 For workers who flexibly delay retirement in accordance with relevant national provisions, during the period of flexible delayed retirement, laws and regulations such as the Labor Contract Law of the People's Republic of China and the Regulations on the Personnel Management of Public Institutions shall apply.

Article 24 These Provisions shall take effect on July 1, 2026.

Jointly presented by the Dongli District Justice Bureau, the Dongli District Media Center, and Tianjin Qin Tian Law Firm.