[Q&A] The 'Managerial Position' Standard in Female Retirement

2025. 9. 12

Question: Under the Background of Delayed Retirement, How is the Statutory Retirement Age for Female Employees Defined According to the "Managerial Position" Standard?

Answer: Regarding the definition of a "managerial position", there is currently no precise or exhaustive definition provided in any national regulatory documents pertaining to retirement conditions, that refer to "managerial and non-managerial positions". The issue is only partially addressed in the Opinions on Deepening the Reform of the Internal Personnel, Labour, and Distribution Systems in State-Owned Enterprises issued by the State Economic and Trade Commission, the Ministry of Personnel, and the Ministry of Labour and Social Security. Specifically, Article 2 of these Opinions states: "Those working in managerial positions are administrative personnel. Administrative personnel refer to individuals within the enterprise who hold administrative leadership positions at various levels, staff working in functional management departments, and personnel dedicated full-time to managerial work within each production and operation unit." Consequently, the defining characteristic for identifying a "managerial position" is being "dedicated full-time to managerial work."

A current difficulty in defining these roles is whether employees who are "dedicated full-time to managerial work" but possess only limited managerial authority qualify as being in a "managerial position." Practical situations occur where, for example, a workshop team leader has certain managerial responsibilities (such as authority to approve leave, create schedules, or provide assessment recommendations). However, according to common understanding, the team leader’s position is not considered a "managerial position" solely by virtue of these duties. Therefore, regarding this issue, the prevailing tendency is to consider that "bearing a certain degree of managerial responsibility" should not be the sole factor in determining a "managerial position." A reasonable assessment and determination should comprehensively consider other factors, such as the nature of the work content (whether it has the dedicated function of management), the employer's internal regulations, the stipulations of the labour contract, and the extent of decision-making authority.

In this context, to minimise disputes between employers and employees regarding "position nature", employers may consider adopting the following methods to achieve clear stipulations:

1. Clearly specify the nature of the employee’s position within the labour contract, position agreement, or any variation agreement.
2. Clearly define the scope and identification standards for internal managerial/professional technical positions within company rules and regulations that have been established or revised lawfully through democratic and publicised procedures.
3. Clearly indicate the nature of the employee’s position within the employer’s management systems and internal documents.