Recent years saw the profound reform of China’s economic model, the continuing increase in the cost of living, and an aging population. The public opinion therefore is focusing ever greater attention on one social issue – employment of workers who are past the statutory retirement age.
As the current regulatory regime and judicial practice in China fail to address whether an employment relationship can form between a post-retirement age worker and an employer, there has been inconsistency in the resolution of disputes between such workers and employers. Among these, the one issue that stands out above all others is whether such a worker, in the event that he or she is injured or dies in the course of work, can have a determination of work-related injury made in accordance with the Work-Related Injury Insurance Regulations (the regulations) and be eligible for work-related injury insurance benefits.
Existing regulations
On 5 July 2007, 17 March 2010 and 25 November 2012, the Supreme People’s Court (SPC) issued three sets of response opinions on the application of the regulations to this issue. Pursuant to these opinions, if a rural-urban migrant who is past the mandatory retirement age is injured or dies due to work-related reasons during working hours, the regulations apply and a work-related injury insurance determination should be carried out regardless of whether his or her employer paid work-related injury insurance for him or her.
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Deng Youping is a partner and Zhao Bolun is a paralegal in the Beijing office of Jingtian & Gongcheng. They can be contacted on +86 10 5809 1033, or by email at deng.youping@jingtian.com or zhao.bolun@jingtian.com, respectively
