China employee retirement: age, flexible options and employer checks

1. Establish the employee’s individual statutory retirement date

Under the 2024 NPC Standing Committee decision and the approved State Council measures, statutory ages increase gradually rather than changing for everyone at once. For men and women whose previous statutory age was 55, the age increases by one month for every four-month interval; for women whose previous statutory age was 50, by one month for every two-month interval. The eventual ages are 63, 58 and 55 respectively. Use the official schedule for the person’s birth year and month and applicable category; do not substitute the eventual target age for today’s individual age.

Check identity and personnel records, the relevant employee category, contribution history and the competent social-insurance agency’s requirements. Resolve conflicting birth records or category questions before fixing a date. The Interim Measures for Implementing Flexible Retirement, Ren She Bu Fa [2024] No. 94, exclude people who had already reached the former statutory retirement age before 31 December 2024. Special early-retirement categories and public-sector management rules also need their own review.

2. Early retirement is the employee’s voluntary choice

Articles 1 and 2 of the Interim Measures allow an eligible employee who meets the applicable minimum contribution period to choose retirement up to 3 years before the individual statutory retirement age. It cannot be earlier than the former statutory floor: 60 for men, and 50 or 55 for women according to the applicable category. The employee must notify the employer in writing at least 3 months before the chosen retirement date. Keep the dated notice and evidence of receipt; a verbal discussion does not supply the required written notice.

Article 11 prohibits unlawful coercion or indirect coercion over the employee’s retirement-age choice. An employer cannot turn a headcount-reduction plan into an employee’s supposedly voluntary early-retirement request. Under Article 7, early retirement uses the minimum contribution period for the year of the chosen retirement date. The national minimum begins rising from 15 to 20 years in 2030, by 6 months each year; a 20-year minimum is not already universal in 2026. Check the applicable year and record rather than assuming eligibility.

3. Delayed retirement needs an advance written agreement

Under Article 4, retirement can be delayed by agreement between the employer and employee for no more than 3 years beyond the individual statutory retirement age. The parties must confirm the delayed retirement date and related matters in writing 1 month in advance. Once the delayed period is fixed, it cannot be extended again. Neither an overseas manager’s instruction nor an employee’s unilateral wish establishes the required agreement. Record the end date, role, pay, work arrangements and handling of retirement formalities consistently with mandatory rules.

Article 5 continues the employment relationship during flexible delayed retirement and requires timely, full social-insurance contributions. Do not relabel this period as consultancy merely to stop employment protections. Article 6 ends the relationship when the agreed delayed retirement date is reached; during that period, the parties may agree to end the delay and complete retirement formalities. Under Article 7, the minimum contribution period is tied to the year the employee reaches statutory retirement age. Article 10 excludes new flexible-retirement applications from people already receiving a basic pension.

4. Separate age, pension entitlement and the legal exit route

Labor Contract Law Article 44(2) refers to an employee starting to receive basic pension benefits according to law; Article 21 of its Implementing Regulation refers to reaching statutory retirement age. These provisions must be considered alongside the phased age schedule and Articles 5 and 6 of the flexible-retirement measures. If pension entitlement is unresolved, contributions are incomplete or work will continue outside a valid delayed-retirement arrangement, review the facts and applicable local adjudication and social-insurance practice before issuing the notice. Do not declare that every birthday automatically ends employment, or that every pension shortfall automatically requires continued employment.

Before retirement, Article 42(5) protects an employee who has worked continuously for the same employer for at least 15 years and is less than 5 years from statutory retirement age against dismissal under Articles 40 and 41. Both conditions matter. Article 45 also addresses extension when a fixed-term contract expires in a protected situation. This is not a blanket bar on every lawful exit, but a proposed redundancy or non-fault dismissal cannot simply ignore it. If the company wants to retain someone after retirement, separately assess the relationship and protections; a new label does not settle those questions.

For continued work outside the flexible delayed-retirement route, also check the Interim Provisions on Protecting the Basic Rights of Workers Beyond Statutory Retirement Age, five-department Order No. 56, effective 1 July 2026. Article 2 covers workers beyond statutory retirement age performing paid work under the employer’s management, and also eligible early retirees hired after retirement. Articles 5 and 6 require basic protections and a written work agreement; Article 23 separately preserves the labor-law framework during valid flexible delayed retirement. Retirement or a “consultant” label does not by itself remove basic pay, rest, safety and work-injury protections.

5. Build a retirement calendar and an evidence file

Articles 8 and 9 of the Interim Measures require the employer to submit the basic-pension application to the social-insurance agency no later than the month of the employee’s chosen retirement date, with truthful materials. Pension payment starts in the month following the retirement date approved on review; it is not necessarily the month after HR submits the application. Check local advance-processing steps, obtain the agency’s result and coordinate the final payroll, leave balance, certificate and handover. Keep the pension decision distinct from the company’s internal approval.

For an employer review, prepare the birth and category evidence, confirmed statutory date, pension contribution record, current contract and service history, the employee’s written choice, any delay agreement and the proposed last working day. Give overseas headquarters a calendar distinguishing the notice, agreement, retirement and pension-application dates. For an initial enquiry, send a non-confidential outline of the employing entity, city, relevant dates, contribution issue and whether the business wants continued service; avoid sending full identity documents before a secure intake process is agreed. Consultations are available in Chinese and English.