New regulations to protect the rights and interests of over-age workers have been implemented, and companies can no longer use "labor agreements" as a "shield"
Are overage injuries not considered work-related injuries? A new solution to the problem of work-related injuries among silver-haired migrant workers
Workers Daily reporter Zhang Jing
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Relying on the "Interim Provisions on the Protection of Basic Rights and Interests of Over-age Workers", the Suzhou Intermediate People's Court recently adjusted the cause of the work-related injury rights protection case of a 53-year-old retired female worker Cai, eliminating the dilemma that over-age workers need to confirm the labor relationship first to defend their work-related injury rights. Experts interviewed said that there are still practical difficulties in the implementation of the new regulations, and supporting details are still needed to improve guarantees.
Cai, a 53-year-old retired female worker, was injured when her finger was run over while operating a machine in the factory two years ago. After a labor ability assessment, she was found to be disabled at level 10, but her work-related injury insurance benefits have not been provided. Until a few days ago, the Intermediate People's Court of Suzhou City, Jiangsu Province made a final judgment, which not only supported her request for work-related injury benefits, but also adjusted the cause of the case from "dispute over work-related injury insurance benefits" to "dispute over employment of over-age workers."
In July this year, the "Interim Provisions on the Protection of the Basic Rights and Interests of Over-age Workers" (hereinafter referred to as the "Interim Provisions") were officially implemented. This judgment means that overage workers no longer have to go through the "confirmation of labor relationship" hurdle to claim their rights and interests due to work-related injuries. The dilemma of "overage does not count as a work-related injury" that has long plagued the silver-haired working group is facing a break at the institutional level.
After signing a labor agreement, you can also enjoy work-related injury benefits
Cai entered a chemical textile company in Wujiang District, Suzhou, Jiangsu Province in January 2024 as an operator. The "Retired Personnel Employment Agreement" signed when joining the company stipulates that Cai has retired and does not have the qualifications to be a subject of labor legal relations, and the labor remuneration is 2,490 yuan per month. On September 3, 2024, Cai was crushed on his right index finger while operating a machine and was hospitalized for 11 days.
After recovering from his injuries, the two parties failed to negotiate compensation. In May 2025, the Human Resources and Social Security Bureau of Wujiang District, Suzhou City made a work-related injury determination and determined that Cai's injuries were work-related injuries; in October of the same year, the Suzhou Labor Ability Appraisal Committee assessed his degree of disability as level ten. However, the company believes that the relationship between the two parties is a labor relationship, not a labor relationship, and they should not enjoy work-related injury insurance benefits.
With the work-related injury certificate in hand, Cai applied for labor arbitration, but because she exceeded the legal retirement age, the arbitration committee did not accept the application. She then filed a lawsuit in the Wujiang District People's Court of Suzhou City.
The court of first instance found that Cai’s actual average monthly salary before his injury was much higher than the 2,490 yuan agreed upon in the agreement, reaching 7,720.6 yuan. The court held that Cai had been identified as having a work-related injury and the company had not paid work-related injury insurance for him, so he should be liable for compensation in accordance with the standards stipulated in the "Work-related Injury Insurance Regulations". In the end, the court ruled that the company should pay a total of more than 84,000 yuan in one-time disability benefits, wages during the suspension period, medical expenses, and hospitalization food subsidies.
The company appealed against the verdict. After hearing the case, the Suzhou Intermediate People's Court first adjusted the cause of the case: this case was an "employment dispute for over-age workers" rather than a "work-related injury insurance benefit dispute."
In response to the core dispute between the two parties, the court of second instance responded: Cai has been identified as having a work-related injury and his disability level has been assessed, and he is entitled to work-related injury insurance benefits in accordance with the law; if the wage standard stipulated in the agreement does not match the actual performance, the actual performance should prevail. The final judgment dismissed the appeal and upheld the original verdict.
Such a result was not easy to achieve before.
People who continue to be employed after reaching the statutory retirement age are often called overage workers. As the aging of the population deepens, there are many workers in our country who are still employed beyond the legal retirement age. However, for a long time, due to the inability to identify labor relationships, the protection of the rights and interests of over-age workers has faced legal difficulties. Once a work-related injury occurs, it is often difficult to obtain effective relief.
From “recognizing identity” to “protecting rights and interests”
The family members of Gan Mousheng, a 63-year-old cleaning worker, have gone through a long and tortuous journey to defend their rights.
Mr. Gan signed a labor agreement with a college to engage in cleaning work. In October 2021, he was killed in a car accident on his way to work. The local social affairs department refused to accept the application for work-related injury recognition on the grounds that he had reached the legal retirement age and had a labor relationship with the school. His family’s appeals for work-related injury recognition were rejected by the first-instance and second-instance courts.
Mr. Gan’s family applied to the People’s Procuratorate of Jiujiang City, Jiangxi Province for supervision. The procuratorate reviewed and found that student Gan was governed by the college's rules and regulations, obeyed work arrangements, and received labor remuneration. His assessment management was directly controlled by the college, and both parties should determine that a labor relationship existed. Mr. Gan had a traffic accident on his way to work that he was not primarily responsible for, which met the standards for work-related injury identification. The social security administrative department should accept the accident and identify it as a work-related injury. In March 2025, the procuratorate lodged a protest with the court in accordance with the law.
During the retrial of the case, the procuratorate and the court visited the human resources and social security department and a certain college many times to explain the law. In the end, the college agreed to bear the main responsibility for the work-related injury, and the two parties reached a compensation agreement.
The implementation of the "Interim Provisions" provides a solution to such problems. Article 15 of it clearly states that if an over-age worker is injured in an accident due to work reasons, the work-related injury shall be determined in accordance with regulations and he shall enjoy corresponding work-related injury insurance benefits.
"The adjustment of the cause of action is not just an adjustment of the name, but also includes considerations such as trial logic and legal application." The person in charge of Cai's work-related injury case introduced that the new version of the "Regulations on Causes of Action for Civil Cases" implemented in January 2026 specifically added a third-level cause of action "employment disputes for over-age workers" under labor disputes. The core criterion for distinguishing labor disputes from labor disputes is whether the employee accepts the employer's dominant labor management.
"The Interim Provisions loosen the connection between labor relations and the protection of rights and interests. The fact that the victim has reached the legal retirement age is not a valid reason for the employer to evade liability." The person in charge of the case stated that this case clarifies that over-age workers who are injured due to work and are recognized as work-related injuries while accepting the employer's dominant labor management and engaging in paid labor arranged by the employer shall have the right to claim work-related injury insurance benefits from the employer in accordance with the law, and delineate the legal rights and interests of over-age workers, especially the boundaries of work-related injury insurance benefits.
The implementation of the system still needs to clear up the blocking points
"When an employer recruits over-age workers, it should protect the workers' basic rights and interests such as labor remuneration, rest and vacation, labor safety and health, and work-related injury protection. What is particularly important is that over-age workers should participate in work-related injury insurance and pay work-related injury insurance premiums, and should promptly declare work-related injury insurance in accordance with the law after the workers suffer work-related injuries." said the person in charge of Cai's work-related injury case.
Wang Tianyu, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, said that the "Interim Provisions" are my country's first departmental regulations that specifically regulate the protection of the rights and interests of over-age workers. The core breakthrough is to break the "rigid binding of labor rights and labor relations" and allocate four core basic rights and interests: labor remuneration, rest and vacation, labor safety and health, and work-related injury protection.
It is understood that since the "Interim Provisions" were implemented for more than four months, judicial and administrative departments in many places have begun to apply them in conjunction with them. In addition to the judgment of the Suzhou Intermediate People's Court, courts in Tianjin, Hangzhou and other places have also successively made judgments on the application of the new regulations. The over-age workers' injury insurance participation policies previously piloted in many places have gradually been integrated with the requirements of the new regulations.
However, the implementation of the system does not happen overnight, and there are still many obstacles that need to be cleared in practice.
The person in charge of the Cai case suggested that during the trial, over-age workers should be divided into two categories: over-age workers who are subject to dominant labor management by the employer and engage in paid labor arranged by the employer, and should be protected by the "Interim Provisions"; over-age workers who provide labor services but are not subject to dominant labor management should determine the corresponding rights and obligations according to the labor relationship. With the development of practice, we will explore the separate setting of over-age workers as an "over-age employment relationship" and improve the corresponding rights and obligations system.
Regarding the "last mile" of the implementation of the system, Wang Tianyu suggested that we should speed up the introduction of supporting implementation details, open up the insurance participation channels of social security agencies, clarify practical issues such as the work-related injury identification process, benefit calculation and payment standards, and the connection between disability allowance and pension insurance, so as to ensure that the entire process of insurance participation, identification, and benefits is smooth. At the same time, the insurance coverage of over-age workers will be included in the focus of labor inspection, forcing companies to standardize their employment.
"In the long run, we need to gradually expand the scope of security coverage and explore the inclusion of flexible employment over-age workers in the scope of occupational injury protection." Wang Tianyu said that although over-age workers and employers cannot form a typical labor relationship, by constructing a system for protecting the rights and interests of over-age workers, they can be protected by labor laws as an independent and specialized group.
