China

Impact date: 1 May 2026 On 27 March 2026, the Beijing Municipal People’s Congress promulgated the amended Measures of Beijing Municipality for the Implementation of the Trade Union Law of the People’s Republic of China (《北京市实施〈中华人民共和国工会法〉办法》, the “Beijing Measures”), which took effect on 1 May 2026.

Compared with the previous version, the Beijing Measures introduce a number of material changes aimed at strengthening trade union functions, expanding coverage to new forms of employment, and imposing more concrete compliance obligations on employers.

Key changes include:

1. enhanced procedural requirements for unilateral termination: the Beijing Measures now expressly require employers to notify the relevant trade union at least five working days in advance before unilaterally terminating an employment contract, including where no internal union is established (in which case the superior-level trade union must be notified). The trade union is empowered to review the proposed action, raise objections, and require the employer to reconsider and respond in writing
2. stronger protection of employees’ right to organize and join unions: the revised Measures explicitly prohibit employers from hindering union participation through measures such as termination, wage reduction, or failure to pay social insurance. Violations may trigger administrative penalties and credit record implications
3. expansion of union coverage to non-traditional employment models: the Measures introduce specific provisions requiring unions to be established in platform enterprises and platform service providers, and facilitating union membership for platform workers (e.g. delivery, transport and other gig workers) as well as dispatched employees
4. more detailed and flexible union establishment mechanisms: beyond traditional enterprise-level unions, the revised Measures allow for regional and industry-based unions (e.g. in buildings, business districts or industrial clusters), to expand union coverage in fragmented employment environments
5. introduction of more stringent legal and credit consequences: the amended Measures strengthen enforcement by linking non-compliance (e.g. obstructing union activities or failing to follow statutory procedures) with potential administrative penalties and inclusion in labour compliance or public credit records

Impact date: 1 July 2026 Pursuant to the ‘Interim Provisions on the Protection of the Basic Rights and Interests of Over-Age Workers’ (超龄劳动者基本权益保障暂行规定, the “Provisions”), jointly issued by five authorities including the Ministry of Human Resources and Social Security, China establishes a regulatory framework governing the rights and obligations of employers and individuals working beyond the statutory retirement age (SRA). The Provisions apply to employers in China engaging individuals who have exceeded the statutory retirement age and who remain subject to the employer’s management and perform remunerated work. Retired individuals who are re-employed may also be covered. Key highlights include:

1. under the Provisions, employers must enter into written engagement agreements with over-SRA workers setting out key terms, including working hours, remuneration, rest and leave arrangements, occupational protection, and social insurance arrangements. Employers are required to pay wages in full and on time, and remuneration must not fall below the applicable minimum wage standard
2. employers must arrange working hours and rest periods in accordance with statutory requirements, and should generally not arrange overtime work. Where overtime is required, it must comply with the relevant provisions of PRC labour laws. Employers must also assign appropriate roles based on workers’ physical condition and must not assign hazardous or unsafe work
3. the Provisions require employers to ensure workplace safety and provide occupational health and safety training. In addition, employers must enrol over-SRA workers in work-related injury insurance, with premiums fully borne by the employer. Over-SRA workers are entitled to work-related injury recognition, labour capability assessment, and insurance benefits in accordance with applicable national rules
4. with respect to social insurance, over-SRA workers who are already entitled to pension or medical insurance benefits continue to enjoy such benefits while working. Those who have not met statutory contribution thresholds may continue participating in pension and medical insurance schemes either individually or through arrangements with employers
5. for dispute resolution, disputes relating to remuneration, working hours and rest, occupational safety, and work-related injury protection fall within the scope of labour dispute resolution procedures. Other disputes may be submitted directly to the courts. Over-SRA workers may also lodge complaints with labour authorities where statutory obligations are not fulfilled