I'm an old friend of yours. Many of the retired elders in their lives are idle, either trying to supplement their families or trying to find work, cleaning, security, logistics, etc. But there's always been an awkward situation for older workers: after the statutory retirement age, which does not include labour relations, injuries are difficult to identify as a work injury, salary arrears, arbitrary overtime arrangements are not justified, and the threshold for protection of rights is particularly high。
This problem, which afflicts many people, will soon require clear institutional guarantees. In may 2026, the ministry of human resources and social security, in conjunction with the national commission on health and health, the ministry of emergency response, the general tax administration and the national health insurance agency, issued provisional regulations for the protection of the basic rights and interests of overage workers (decree no. 56 of the ministry of human welfare and others), which came into force on 1 july 2026. This is the first sectoral regulation in the country that specifically addresses over-age groups and fills the institutional gaps in the protection of the rights and interests of over-age workers。
It would be useful to have a clear picture of the rights and interests, the scope of application and the way in which rights are protected in the new rules。
First, it's clear who's overage workers under the new regulations
A lot of people ask, is it possible to work after the retirement age? There is a clear applicable border。
The new regulations cover the employment of workers in domestic employment who exceed the legal age of retirement. This applies to workers who are subject to the labour management of the organization and are engaged in paid work. Persons who meet the requirements of the state for early retirement are also covered by the guarantees when they retire。
The simple criteria are: being managed by the unit, going to work and going to work on time, receiving a fixed salary, which is the subject of protection. It is civil employment, which is not covered by this provision。
There are also two types of cases in which this is not applicable: firstly, workers whose retirement has been delayed in accordance with the state's regulations, who remain subject to labour relations for the duration of the delay and who are covered by the previous regulations, such as the labour contracts act; and secondly, persons who are already covered by old-age insurance and who are engaged only in temporary, supplementary labour cooperation, which is governed by civil agreements。
Four core rights are in the bottom
The most significant change in the new regulations is the inclusion in the regulations of the four core rights of over-age workers, which the employer must guarantee by law and no longer provide for non-payment of benefits。
1. Remuneration for work: no less than the minimum wage, no arrears
In the past, a number of employers felt that overagers were not subject to labour laws and were free to lower wages, pay arrears and even pay in kind, vouchers. The new regulations explicitly require:
- compensation for work must be paid in full and on time, and may not be paid in lieu of money in kind, securities, etc.
- in the case of regular work, remuneration may not be lower than the local minimum wage
- payment periods, payment times and pay modalities are specified in written agreements and cannot be withheld at will。
This amounts to a lock on the basic wages of older workers, the same work being performed and the basic pay floor being systematically guaranteed。
2. Rest time: overtime is not, in principle, scheduled and is provided for
The most common problem in many overage jobs is unlimited overtime, with security and cleaning jobs often running for more than a dozen hours without overtime pay. The new regulations clearly regulate this:
- the employer shall observe the statutory working hours and holidays, and shall not, in general, arrange overtime for over-age workers, and shall give priority to the right to rest
- in cases where overtime is required because of work, it is not the case that the provisions of the labour code concerning the maximum length of overtime (not exceeding 36 hours per month) and the rate of overtime (1. 5 times the working day, twice the rest day and three times the statutory holiday) are respected。
This provision is particularly critical, taking into account both the physical capacity of over-age persons and the determination of the rate of compensation for overtime, which is no longer an addition or addition。
3. Safety and health at work: no high-risk arrangements for meeting the requirements for work safety live
The physical conditions of overage workers differ from those of young people, and forced placement of high-intensity, high-risk jobs can easily be unexpected. The new regulations require employers to:
- the placement of suitable jobs and labour intensity in accordance with the physical condition and intellectual skills of older persons
- safe labour and occupational health training must be provided, and labour protection supplies must meet standards
- overage workers may not be placed in inappropriate jobs such as high-altitude, high-risk and heavy-power jobs, thereby reducing occupational risks from the source。
4. Occupational injury protection: the unit must pay its work injury insurance and the injury can be determined as a work injury
This is the most important new rule and the most painful point in the past when older workers were beaten。
The new regulations make it clear that employers are required to contribute to work injury insurance for over-age workers and to contribute to work injury insurance, without personal contributions. In the case of work-related injuries and occupational diseases of over-age workers, work-related injury determinations and work-capacity determinations are required and are subject to the corresponding protection。
In the past, injuries sustained in the course of work of persons over the age of majority can be attributed only to personal damages, difficulty of proof, length of time and low standards of compensation. After july, the eligibility process for direct work injury insurance was established with clear grounds for the criteria and payment of benefits, and the level of security was significantly increased。
At the operational level, local social security agencies are covered by insurance or special channels under the employment injury insurance policy, which is based on the local social services' circular。
Work is regulated: a written agreement must be signed and the authority and responsibility given in advance
In addition to the protection of rights and interests, the new regulations establish uniform requirements for the use of work processes and avoid verbal and ex post facto pretences。
In order to recruit over-age workers, the employer must enter into a written working agreement specifying the duration of the agreement, the content of the work, the place of work, the working hours, the rest period, the remuneration of work, the protection of labour and the protection of work-related injuries。
For workers, agreements must be signed in such a way as to make them clear, particularly with regard to salary rates, the timing of payments, overtime rules and liability for injuries at work。
How can we defend rights when rights are compromised? The path is clear
Many are most concerned: what about non-compliance? Is it hard to defend
The new regulations specify the path to be followed in dealing with disputes: if there is a dispute over four types of matters: remuneration for work, rest leave, safety and hygiene at work, and safety at work, it may be dealt with in accordance with the law on conciliation of labour disputes, i. E. It may apply for conciliation, labour arbitration and, if the outcome of the arbitration is not contested, it may also be brought before the courts。
Other disputes that do not fall within these four categories, such as the release of the agreement, default money, etc., are brought before the courts in civil disputes。
To put it simply, the core four fundamental rights, the path of rights protection and the general labour relationship are almost identical, and the threshold of rights protection is significantly reduced without the need for cumbersome civil proceedings。
I've got three good words for you to remember
1 induction must be by written agreement
2 pay cards are not paid in kind
3 the injuries were initially identified at work and are not closed in private。
Two common error zones, one at a time
Mistake one: overwork after july equals labor relations
Nope. The new regulations guarantee four basic rights and do not recognize over-age workers as labour relations, such as those related to financial compensation, compensation and full payment of the five social insurance benefits, which fall outside the scope of the new regulations. The core is the minimum wage, rest, safety, and work injury, which is not fully equivalent to the full labour rights of working workers。
Mistake ii: all overagers are required to pay for injury insurance
The new regulation makes it clear that employers are required to cover work injuries for eligible over-age workers. The rules for the operation of specific contributions are implemented locally, taking into account local circumstances, and there may be transitional arrangements in some areas, depending on the rules of the local social security sector。
A few practical reminders for both sides
For overage workers:
1. A written working agreement must be signed before embarking on duty, and key provisions confirm article by article and do not believe in oral undertakings
2. Maintenance of good work cards, attendance records, pay flow, work chat records, in case of dispute, as the central evidence
3. Call for medical attention on the first day of the injury at work and inform the unit of the timely application for a determination of the injury and do not close it in private。
For employers:
1. To prepare, in a timely manner, by july, the current situation of over-age work and to enter into written agreements in accordance with the requirements for participation in work injury insurance in accordance with the law
(b) reasonable placement and intensity of work and, to the extent possible, the non-arrangement of overtime
3. Safety training and protection to reduce the risk of labour use, both for workers and for enterprises themselves。
In general, this new rule has created an umbrella for the rights and interests of millions of overage workers who are still glowing in their jobs. There are now clear institutional markers in areas where the past has been blurred, and overwork is no longer a “rights-based blind zone”。
Do you have any older people who are still working after retirement? Have you ever experienced problems with pay, overtime? You are welcome to share your views in the comment area。
I'm sorry
This is a public policy information and personal interpretation and does not constitute any operational recommendation, which is based on official guidelines and is based on operational risk. These are public goods content, not easy to create, rational communication and understanding。
