Summary of Key Points
This news article focuses on the issue of protecting the rights and interests of older workers (those who have reached retirement age but are still employed). In China, there is a large population of older workers, ranging from 87 million to 120 million. However, in the past, due to their being classified as having "labor service relationships" rather than "labor contracts," their rights to compensation for work-related injuries and wages were difficult to secure. Now, five government departments have issued the "Interim Provisions on the Basic Rights Protection of Older Workers," which for the first time clearly define these rights at the institutional level. In the future, it will take the combined efforts of all parties to ensure that these protections are effectively implemented.
I. Older Workers: An Overlooked "Hidden" Labor Force
You might not realize it, but many of the security guards, cleaners, domestic helpers, and construction workers around you are older than 60 years old. According to statistics, there are over 320 million people aged 60 and above in China, nearly 100 million of whom are still working, mostly in rural areas, providing essential services. They support their families through physical labor (e.g., by reducing the burden on their children or supporting their own elderly care) and also contribute to the functioning of society—without them, there would be no one to watch over residential areas, clean streets, or help with childcare. However, their status as workers has not been fully recognized in the past.
II. Past Challenges: Why Was It So Difficult for Older Workers to Assert Their Rights?
The main issue in the past was the "status recognition": The relationship between older workers and their employers was typically considered a "labor service relationship," not a "labor contract." What is the difference between the two?
- Labor Contract: Similar to regular employees, the employer is required to provide social insurance and is protected by the Labor Contract Law. This means they are entitled to compensation for work-related injuries, overtime pay, and potential severance benefits if dismissed.
- Labor Service Relationship: More akin to a freelance arrangement, both parties are equal partners. In case of issues, civil law must be relied on (e.g., through litigation), with no protection for work-related injuries or mechanisms to recover unpaid wages.
Additionally, older workers often lacked knowledge of their rights and were afraid of losing their jobs (since their positions could be easily replaced), which led to them suffering in silence—such as the worker in the news who was denied compensation by the company on the grounds that they were not considered a formal employee.
III. Why Do Older Workers Continue to Work? Shouldn't They Be Retired?
The reasons are practical:
1. Physical Ability and Desire to Work: With improved health standards, many older workers (60-65 years old) are in good physical shape and willing to continue working.
2. Economic Pressure: Some have insufficient pensions and rely on their earnings to cover living expenses, such as medical costs or their children's education.
3. A Sense of Purpose: Some feel that working helps them maintain their value and stay connected to society.
Regardless of the reason, earning a living through hard work is not shameful and deserves respect.
IV. The Breakthrough of the New Provisions: Rights Protection No Longer Depends on Status
The most significant advancement of the July 2026 "Interim Provisions" is the separation of "legal relationship" from "rights protection." Regardless of whether the relationship with the employer is a labor contract or a labor service agreement, all older workers are entitled to the following protections:
- Adequate wages (no wage delays)
- Legal rest days (such as weekends and holidays)
- Safety at work (equal training and protective measures as younger employees)
- Compensation for work-related injuries (through work injury insurance)
This is the first time that older workers have been given a clear legal identity, providing them with a basis for their rights.
V. From "Interim" to "Permanent": Everyone's Effort Is Needed
The new regulations are just the beginning; for these protections to be effective, all parties must cooperate:
- Employers: Stop exploiting loopholes, sign written agreements, provide work injury insurance for older workers, and regulate employment practices.
- Government: Improve details (e.g., how to pay for work injury insurance and how to handle claims across regions), establish a registration system, and make channels for rights protection more accessible (e.g., set up specialized complaint mechanisms).
- Older Workers: Keep evidence (attendance records, payslips, communication records) and seek help from labor departments or courts if issues arise.
Conclusion
Older workers are not "excess labor"; they are also creators of social wealth. The new regulations break the previous silence surrounding their rights. Although there is still room for improvement, at least they now see hope. It is important that every older worker can work with peace of mind and receive the support they need when injured—this is what a caring society should provide.