New Labour Protections on the Horizon: What Foreign Employers in China Need to Know About Upcoming Rules for Over-Age and New Forms of Employment Workers

Since early 2026, the Ministry of Human Resources and Social Security (MOHRSS) has accelerated the formulation of targeted Labour Protection Policies, focusing on two high-priority groups: over-age workers (Interim Provisions on the Protection of Basic Rights of Over-Age Workers ) and workers in new forms of employment (Measures on the Protection of Basic Rights of Workers in New Forms of Employment). 

Against the backdrop of China’s diversifying labour market, the ranks of retired re-employed professionals and platform workers (e.g., delivery riders) have expanded rapidly, exposing critical gaps in the traditional protection framework. These upcoming policies are not overhauls of existing PRC Labour Law but pragmatic supplements designed to address real-world pain points.

Core Takeaway for Foreign Employers

The regulations mark a definitive shift from soft guidance to enforceable hard rules. For foreign-invested enterprises (FIEs), proactive understanding and adaptation are critical to avoid compliance risks and optimise workforce management.

1. Why These New Rules Now? — Policy Logic and Background

(1) Employment Transformation Demands Institutional Upgrades
China’s flexible employment workforce has exceeded 200 million people, of which 84 million are workers in new forms of employment. These workers have long faced challenges, including inadequate occupational injury protection and low social insurance participation rates.

Meanwhile, as the population ages, the scale of over-age workers re-entering the workforce continues to expand.

(2) From “Flexible Guidance” to “Rigid Constraints”
Previously, China had issued multiple policies concerning new forms of employment, such as the 2021 Guiding Opinions on Protecting the Labour Rights of Workers in New Forms of Employment issued by eight ministries, and the 2024 Guidelines on Rest and Remuneration Rights for Workers in New Forms of Employment. However, these documents were largely “guiding” in nature, lacking mandatory enforcement power. The upcoming Labour Protection Policies will have the legal force of regulations, significantly enhancing implementation effectiveness.

2. Four Core Rights Protection

(1) Comprehensive Work-Related Injury Insurance Coverage
Employers must separately contribute to work-related injury insurance for over-age workers (no personal contribution required). Benefits are identical to those for current employees. Injuries during commuting or working hours are included in work injury determination, ending the era of “over-age = no work injury protection.”

Shanghai’s Lead: Effective December 1, 2025, Shanghai implemented the Implementation Opinions on Over-Age Employed Persons Participating in Work-Related Injury Insurance, clarifying that insured over-age workers who suffer accidents or occupational diseases shall receive benefits in accordance with the Regulations on Work-Related Injury Insurance and Shanghai’s implementation rules.

(2) No Compromise on Labour Remuneration
Over-age workers providing normal labour must receive remuneration not lower than the local minimum wage standard, paid in full monthly in currency. Deductions, arrears, and substitutions with goods or securities are strictly prohibited.

(3) More Reasonable Work Arrangements
Employers must determine appropriate positions and labour intensity based on over-age workers’ physical conditions, refrain from assigning hazardous work, and generally avoid overtime. Where overtime is necessary, it must strictly comply with relevant provisions of the PRC Labour Law.

(4) Standardised Employment Agreements
Written employment agreements must be signed, clearly specifying work content, working hours, remuneration standards, work injury procedures, and other key information, eliminating disputes arising from oral agreements.

3. Social Security Continuity and Rights Protection Channels

Social Security Continuity:
For workers over the standard retirement age whose cumulative contributions to pension and medical insurance fall short of the minimum years required, they may choose to continue paying individually or negotiate with their employer for the employer to make contributions on their behalf.
Those who do not meet the eligibility criteria for basic pension benefits may still claim unemployment insurance benefits, normally after becoming unemployed if they meet the requirements.

Rights Protection Channels:
Identical to those for active employees, including access to free labor dispute mediation and arbitration. Disputes over arbitration rulings may be escalated to court, thereby reducing the cost of rights protection.

4. Practical Impact and Compliance Recommendations for Foreign Enterprises

(1) Re-examining Employment Models
For foreign enterprises employing over-age foreign experts or retired re-employed personnel, the new policies will require adjustments to employment agreements. Enterprises should:

• Sign written employment agreements with over-age employees, clearly specifying all basic rights provisions
• Enrol over-age employees in work-related injury insurance, incorporating costs into employment budgets
• Monitor local implementation rules to ensure compliance across regions

(2) Standardising Employment Documentation
Whether for over-age workers or workers in new forms of employment, signing standardised written agreements is the first step to compliance. Enterprises should specify in employment contracts or handbooks:

• Work content, hours, and remuneration standards
• Work-related injury insurance arrangements
• Leave rules and overtime compensation standards
• Dispute resolution mechanisms

Conclusion

China’s new labour policies address two growing groups in today’s workforce: flexible workers and people working past retirement age.

For foreign employers, this is about more than ticking compliance boxes. China’s labour environment is evolving rapidly, and staying informed is essential.

As your partner in navigating China’s business landscape, we’ll continue monitoring these developments and helping you adapt—whether that’s updating employment contracts, reviewing compensation structures, or ensuring your company remain compliant.

If you have any questions, feel free to contact us to discuss further.