Ms. Zheng, born in 1969 with a high school education, left her state-owned enterprise during the downsizing wave and switched to sales. Now in her sixth year of receiving retirement benefits, she collects a stable monthly pension of 2,473 yuan. Her daughter, born in 1996, briefly worked at a consulting firm after graduating with a master's degree in Hong Kong and is now in Shanghai seeking employment in the financial sector, paying a monthly rent of 3,700 yuan. While her daughter prepares for second-round interviews by studying materials from dawn to dusk, Ms. Zheng has quietly started working at the supermarket downstairs: 7 AM to 3 PM shifts, earning 4,500 yuan monthly, and she can even bring home spare ribs to make soup for her daughter after work. She even received multiple job offers: "Sister Wang downstairs recommended me for a cleaning job, but I declined because it seemed too tiring."

With sufficient social and work experience coupled with more flexible employment arrangements, younger elderly individuals actually have considerable market value in the job sector. Multiple interviewees confirmed that finding work has been easier than they anticipated.

The heated elderly employment market is set to gain new momentum with the implementation of new social security judicial interpretations scheduled for September 1st.

The Supreme Court recently issued guidance stating that from September 1st, any agreement to "not pay social security" will be deemed invalid, and employers must provide economic compensation, sparking discussions about "mandatory social security." While many business owners remain cautious, large enterprises have already begun competing for retired talent.

McDonald's, which first drew attention, responded that the company employs flexible and diverse employment methods and has been recruiting retired employees since 2022. Beijing Universal Studios recently posted job openings for retail service personnel, specifically requiring formal retirees (those with retirement certificates). Shanghai establishments like Xiao Yang Sheng Jian and Kiessling have also posted notices recruiting retired personnel.

Given China's complex social security structure, will labor relations represented by "retirement rehiring" become a future employment trend? How should we balance flexibility and protection?

**"Converting Employees to Partners"**

Xu Xia once had a highly successful career. As the first college graduate from her village, she entered the banking system after graduation and worked her way up to deputy branch manager at a local branch. Due to organizational adjustments, Xu Xia processed early retirement six months ahead of schedule.

What should have been a happy occasion became disorienting as she suddenly transitioned from busy to idle retirement life. Her husband and friends hadn't reached retirement age yet, her children working in other cities had stable lives, and her parents remained healthy. All time became her own.

"I've never had this experience before - having so much personal time with no mandatory tasks, being able to arrange everything according to my wishes," Xu Xia explained.

After graduation, she found work, married, and had children, raising kids and handling household duties while building her career, only beginning to travel in recent years. On her first day of retirement, she woke at seven as usual, then spent the entire day playing mahjong at the community card room.

She traveled extensively with her father to Anhui, Shanxi, and Xinjiang, joined tour groups to Southeast Asia, researched Xinjiang-Ningbo transportation business, tried to convince community friends to open a group buying store together, attended senior university classes in "Happiness Psychology," and began introducing dating prospects to her daughter while eagerly anticipating grandchildren.

Still, she felt restless.

A friend introduced her to an insurance company position, and Xu Xia decided to try it. Before retirement, her annual salary was several hundred thousand yuan; after retirement, her monthly pension exceeded 10,000 yuan. Not needing money, Xu Xia chose to return to work "mainly to continue contributing value."

Family members questioned the insurance company's credentials and urged her to enjoy retirement and "live peacefully." But she applied her newly learned "Happiness Psychology": "I'm happy to join the insurance company, and I hope you'll support me. Mutual family support is most important."

Xu Xia didn't need the insurance company to provide social security. In fact, the company doesn't provide social security for most employees - they sign agency contracts, essentially establishing service relationships.

"Service contract relationships and labor contract relationships differ by only one character, but have vastly different legal implications," explained Chen Wenming, director of Zhejiang Xiaode Law Firm. Service relationships primarily involve property and economic relations between equal, independent parties, while labor contract relationships are fundamentally different.

He noted that service relationships primarily fall under Civil Code regulations, while labor contract relationships are governed by Labor Contract Law and Labor Law.

Xu Xia's agency model resembles the online joke about "converting employees to partners." A restaurant owner in Yunnan confirmed he's considering the feasibility of converting employees to partners.

"I have three stores with about twenty employees. Staff turnover is high, and not providing social security is common industry practice," he admitted. According to his calculations, providing social security for everyone would cost over 1,000 yuan more per person monthly.

"Restaurant profit margins are extremely thin; everyone's practically losing money for publicity. If we must provide social security, I'd probably have to close at least two of my three stores."

Regarding the partner conversion model, he sees it as risk mitigation to avoid closure, and hiring retired workers is also under consideration while he "observes the situation."

However, lawyer Zhang Xiuhong from Beijing Zhongdun Law Firm emphasized that labor relationships and partnership relationships are fundamentally different legally.

"Labor relationships emphasize 'subordination' - attendance management, performance evaluation, fixed salaries. Partnership relationships are based on 'equality.' If companies still require so-called partners to clock in, accept management, and receive monthly pay, the relationship remains essentially a labor relationship. Simply calling employees 'partners' doesn't eliminate social security obligations."

She explained that during disputes, labor arbitration and courts focus on actual employment practices rather than contract terminology. Companies may face recognition of de facto labor relationships, required social security back payments with penalties, plus work injury, overtime, and wrongful termination compensation risks.

"More seriously, if this model becomes widespread, workers' basic protections will be undermined, and the social insurance system will lose stability. 'Flexible employment' that becomes 'employment avoidance' actually erodes workers' security and social trust."

After ten days, facing strong family opposition, Xu Xia ended her insurance company employment - after purchasing a 100,000 yuan insurance policy for herself. At least the departure was flexible and easy.

After helping her father harvest peanuts back home, the self-described "workaholic" Xu Xia resumed her community group buying store business plan. She plans to recruit retired friends to operate together after opening: "We'd be idle at home anyway. Our wages won't be high, but everyone working together happily - how joyful!"

**534 Million Employee Pension Insurance Contributors**

Liu Qing's experience differs from Xu Xia's - she lacks traditional workplace experience. She and her husband operated a toy store for over twenty years. In 2019, they transferred management rights to others, and she enjoyed two years of home rest, renovating their house.

According to her plan, after two years' rest, her nearly thirty-year-old son would marry, and after arranging the wedding, she'd help raise grandchildren - a perfect life.

"I especially love children," Liu Qing shared.

But events didn't unfold as expected. Last year, Liu Qing received her first pension payment of just over 2,000 yuan, which "covers family porridge" according to her, though previous store savings prevented major financial problems. However, her son's marriage plans remain uncertain, and grandchild care remains distant.

"Square dancing friends constantly complain about being 'exhausted' caring for grandchildren, but their tone actually contains some boasting," Liu Qing confided. Young people have their own ideas.

During one argument, her son said: "If you love caring for children so much, go work at a kindergarten."

A nearby private kindergarten was indeed hiring women under sixty for 2,000 yuan monthly. Half in defiance, half for household income, "plus staying home just means scrolling phones," Liu Qing became the kindergarten's life assistant, mainly helping children with naps and meals.

"Social security definitely isn't provided - no questions asked. Here, everyone pays their own pension insurance, several thousand yearly, choosing their own tier," Liu Qing explained.

Her pension insurance is formally called Urban-Rural Residents Basic Pension Insurance, differing from the Employee Pension Insurance that Xu Xia and most company employees pay. Urban-rural pension contribution amounts vary by location.

In Zhejiang, starting January 1, 2024, Urban-Rural Residents Basic Pension Insurance offers eight contribution tiers ranging from 200-7,000 yuan annually, with the 200 yuan tier government-subsidized for low-income households, impoverished individuals, disabled persons, and other disadvantaged groups.

Employee pension insurance is paid monthly based on income ratios. Also in Zhejiang, contributions are based on the previous year's average monthly wage, adjusted within 60%-300% of local social average wages. Employer contributions are 16%, individual contributions 8%.

Medical insurance also differs. China integrated Urban Residents Basic Medical Insurance and New Rural Cooperative Medical Care in 2016, implementing combined individual contributions and fiscal subsidies. The 2025 New Rural Cooperative individual contribution standard is 400 yuan per person annually, plus at least 670 yuan in fiscal subsidies, totaling 1,070 yuan yearly. Urban Employee Medical Insurance is paid monthly based on the previous year's average monthly wage, with employers paying 10% and individuals 2%.

Recent data shows 534 million people participate in Urban Employee Basic Pension Insurance and 538 million in Urban-Rural Residents Basic Pension Insurance. For medical insurance, resident insurance participants significantly outnumber employee insurance participants: 950 million versus 380 million respectively.

Liu Qing noted that colleagues include several non-retired life assistants and cleaning staff who also don't receive employer-provided social security.

"People here basically buy their own pension insurance and New Rural Cooperative insurance rather than having employers pay. Getting wages directly feels more practical. Some talk about transferring between systems, but it's too complicated for us."

While common in practice, this approach exists in a legal gray area. According to Social Insurance Law and Labor Contract Law provisions, participating in social insurance and legally contributing social insurance fees is employers' statutory obligation, which cannot be modified or waived through employer-employee agreements, nor exempted because employees personally contribute to resident insurance.

Regarding transfer "complications," pension insurance account balances can actually be seamlessly transferred between systems, with online applications available through electronic social security cards.

Liu Qing shared tutorial videos her son sent with non-retired colleagues, but received no replies.

**Balancing Flexibility and Protection**

As population aging accelerates, more "new elderly" like Ms. Zheng, Xu Xia, and Liu Qing are re-entering workplaces, representing both flexible employment and testing existing social security systems.

Lawyers warn that hiring retired personnel or using "partner" or "service agreement" arrangements doesn't eliminate legal responsibilities. Zhang Xiuhong noted that while retired personnel receive pensions and aren't required to contribute to pension insurance, if companies provide unified management, attendance monitoring, and fixed compensation during rehiring, they may still be recognized as de facto labor relationships. Companies remain liable for work injuries or labor disputes.

"'Service agreements' aren't immunity certificates. Arbitration and courts focus on substance over form. While employment costs seem reduced, compliance risks multiply," Zhang Xiuhong explained.

According to National Bureau of Statistics data, flexible employment now exceeds 200 million people, including many retirement-age elderly. As flexible employment rapidly expands and retirement rehiring gains popularity, social security systems and labor regulations urgently need adaptation to new employment realities.

Chen Wenming views gig work as non-full-time employment under Labor Contract Law Article 68. While differing significantly from full-time employment in forms and rights/obligations, it still constitutes labor relations with worker protections. Current laws provide comprehensive protection regarding employment establishment/termination, working hours, and social insurance benefits. Workers should actively exercise their rights.

This website content (including but not limited to text, images, and audio/video), except reprints, is copyrighted. Unauthorized reproduction, linking, reposting, or other uses are prohibited. Violators will face legal action. For media, website, or individual reprint use, please contact news@time-weekly.com

Massive information and precise analysis available on Sina Finance APP