Recently, the Ministry of Human Resources and Social Security, together with five departments including the National Health Commission, the Ministry of Emergency Management, the State Administration of Taxation, and the National Medical Insurance Bureau, jointly issued the "Interim Provisions on the Protection of Basic Rights and Interests of Over aged Workers" (hereinafter referred to as the "Interim Provisions"). Why establish the 'Interim Regulations'? What measures have been proposed in the Interim Regulations to protect the rights and interests of over aged workers? The reporter interviewed the responsible comrade of the Labor Relations Department of the Ministry of Human Resources and Social Security. Question: What is an overage worker? What is the scope of application of the Provisional Regulations? Answer: Over age workers refer to workers who have exceeded the legal retirement age in China and are still employed. From the perspective of scope of application, employers within China who hire workers who have exceeded the statutory retirement age are subject to the labor management of the employer and engage in paid labor arranged by the employer, and are subject to the Provisional Regulations. Employees who have already retired early in accordance with regulations and are recruited by employers after retirement also fall within the scope of application of the Interim Regulations. It should be noted that for workers who have flexible delayed retirement according to relevant national regulations, during the flexible delayed retirement period, laws and regulations such as the Labor Contract Law and the Regulations on Personnel Management of Public Institutions shall apply according to the nature of their employer. Q: What is the background of the formulation of the Interim Regulations? What problems are aimed at solving for overage workers? Answer: Currently, the labor rights and interests of over aged workers are facing insufficient legal protection. In order to implement the requirements of the Decision of the Standing Committee of the National People's Congress on Implementing the Gradual Delay of the Statutory Retirement Age in September 2024 to protect the basic rights and interests of over aged workers, after in-depth investigation and research, full demonstration and evaluation, and extensive solicitation of opinions, the Ministry of Human Resources and Social Security, together with relevant departments, has formulated the "Interim Provisions", which stipulate the specific content of the basic rights and interests of over aged workers such as labor remuneration, rest and vacation, labor safety and health, and work-related injury protection, and smooth the channels for workers' rights protection. The promulgation of the Provisional Regulations fills the gaps in the current labor legal system, aiming to clarify the rights and obligations of employers and over aged workers, and safeguard the legitimate rights and interests of workers over the statutory retirement age. Q: In what ways will the Interim Regulations protect the rights and interests of workers? Answer: In terms of labor remuneration, the Provisional Regulations clearly require timely and full payment of labor remuneration, which shall not be lower than the minimum wage standard. In terms of rest and vacation, it is explicitly required to comply with the statutory working hours regulations and holiday methods for festivals and anniversaries. Generally, overtime work is not arranged for overage workers, and those who arrange overtime work should comply with relevant provisions of labor laws. In terms of labor safety and health, it is clear that employers should arrange suitable job positions and labor intensity, and provide education and training on safety production and occupational health. In terms of work-related injury protection, it is clear that employers should participate in work-related injury insurance for overage workers in accordance with national regulations. Q: Can overage workers continue to participate in employee pension insurance? How to pay? Answer: According to current policies and regulations, individuals who participate in the basic pension insurance for employees and have accumulated contributions that are less than the minimum payment period when reaching the statutory retirement age can pay until the minimum payment period is reached and receive basic pension on a monthly basis. In order to better protect the rights and interests of over aged workers, the "Interim Regulations" clearly stipulate that over aged workers who need to extend their payment can continue to pay pension insurance premiums in their personal capacity; After consultation and agreement with the employer, the employer may also pay the pension insurance premiums for the individual, and the pension insurance premiums that the individual should pay shall be withheld and paid by the employer. At the same time, the social insurance handling department will further optimize the handling of public services, smooth information query channels, provide clear guidance for extended payment personnel, and provide more efficient and convenient insurance payment services. Q: Which rights and interests of overage workers have been violated and can they file complaints with the human resources and social security administrative department? How does the human resources and social security department handle complaints from overage workers? Answer: According to relevant laws and regulations such as the "Regulations on Labor Security Supervision", overage workers have the right to complain to the human resources and social security department if they believe that the employer violates the provisions of Article 9 (2), Article 11, and Article 12 of the "Interim Provisions" and infringes on their legitimate rights and interests in labor security. The human resources and social security department shall investigate and deal with complaints from overage workers in accordance with the relevant provisions of the Labor Security Supervision Regulations, and hold employers legally responsible for their illegal behavior in accordance with the relevant provisions of the Labor Contract Law. Q: How to handle labor disputes between overage workers and employers? Answer: In case of disputes regarding labor remuneration, rest and vacation, labor safety and health, and work-related injury protection matters specified in the Interim Provisions, the parties may apply for mediation or arbitration. If they are dissatisfied with the arbitration award, they may bring a lawsuit to the people's court. For disputes over other matters, the parties may directly file a lawsuit with the people's court. The Ministry of Human Resources and Social Security will work with relevant departments to strengthen case guidance, guide mediation and arbitration institutions at all levels to unify the scope of acceptance, standardize legal application, improve service standards, and provide efficient and convenient rights protection services for over aged workers in accordance with the law. (Looking into the New Era)