On-the-job employees generally do not include retired employees. The relationship between on-the-job employees and employers is generally a labor contract relationship, and the relationship between retired employees and employers is treated as a labor relationship.

Legal objectivity:

Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Labor Dispute Cases (1) Article 32 If an employer brings a lawsuit against an employee who enjoys pension insurance benefits or receives a pension according to law, the people's court shall handle it according to labor relations. Where an enterprise employee who leaves his post without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee who is waiting for a job, or an enterprise employee who has stopped production and vacation brings a lawsuit because of a labor dispute with a new employer, the people's court shall handle it in accordance with labor relations. "Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System" Article 13 When retirees who have enjoyed the pension insurance benefits are re-employed, the employer shall sign a written agreement with them to clarify the rights and obligations such as work content, remuneration, medical care and labor insurance benefits during employment.