Home   FAQ  Immigrant Visa & HR  China  Compliance Guide for Enterprises on Hiring Over-Age Workers‌ 

FAQ

SHARE

Immigrant Visa & HR - China

Question

Compliance Guide for Enterprises on Hiring Over-Age Workers‌

Answer
Q: Is an enterprise required to sign a formal labor contract when recruiting over-age employees aged 60 and above?
A: A labor contract is not mandatory, but a ‌written employment agreement‌ shall be signed to specify clauses such as work content, remuneration, working hours, and work injury protection. This agreement is not governed by the Labor Contract Law of the People's Republic of China, but is bound by the Interim Provisions on Basic Rights Protection of Over-Age Workers.

Q: If an over-age employee suffers a work-related injury, does the enterprise need to pay compensation?
A: Compensation is mandatory. The enterprise ‌must pay for work injury insurance for over-age employees‌ (no individual contribution required), and work injury benefits are disbursed from the work injury insurance fund. If the enterprise fails to participate in the insurance, it shall bear full compensation liability.

Q: Can an enterprise dismiss an over-age employee at any time?
A: Yes, but the dismissal must be implemented in accordance with the agreement. ‌No economic compensation is required‌, unless the employment agreement explicitly stipulates dismissal compensation clauses.

Q: Does the enterprise need to pay pension insurance and medical insurance for over-age employees?
A: No. ‌Only work injury insurance is mandatory‌, and pension, medical, unemployment and maternity insurance are not required to be paid, so as to avoid labor relationship disputes caused by mispayment of the "five social insurances".

Q: Will an over-age employee who has not received a pension be recognized as having a labor relationship with the enterprise?
A: There are potential risks. If the employee works full-time under enterprise management for a long time without a signed agreement, the court may recognize the relationship as a ‌de facto labor relationship‌, in which case the enterprise shall bear liabilities such as economic compensation and overtime pay.

Language

繁體中文

简体中文

日本語

Bahasa Melayu

close