Core Viewpoint - The Ministry of Human Resources and Social Security has released a draft regulation aimed at protecting the basic rights of older workers, inviting public feedback until August 31, 2025 [1][2][3]. Group 1: Legislative Purpose and Scope - The regulation aims to safeguard the rights of workers who exceed the statutory retirement age, clarifying the rights and obligations of employers and workers [5]. - It applies to employers in China hiring older workers, who will be subject to labor management and engage in paid work [5]. Group 2: Rights and Obligations - Employers must ensure older workers receive fair wages, rest, labor safety, and injury protection [6]. - A written employment agreement must be established, detailing work content, location, hours, pay, and labor conditions [6][7]. - Employers are required to pay wages that meet or exceed local minimum wage standards and must pay in monetary form [11][12]. Group 3: Employment Conditions - Employers should arrange reasonable working hours and rest periods for older workers, generally avoiding overtime [9]. - Older workers should not be assigned to hazardous jobs that could harm their health [13]. Group 4: Social Insurance and Benefits - Employers must enroll older workers in workers' compensation insurance and pay the associated fees [10]. - Older workers can continue to pay into pension and medical insurance if they have not met the minimum contribution period [11][18]. Group 5: Dispute Resolution Mechanism - Disputes regarding wages, rest, safety, and injury protection can be resolved through mediation, arbitration, or court [20]. - Workers can file complaints with labor authorities if employers violate wage or safety regulations [21][22]. - Trade unions are empowered to supervise and support the rights of older workers [23].
事关超龄劳动者基本权益保障,人社部公开征求意见
财联社·2025-07-31 10:56