Regarding Contracting with Retired Employees

Regarding this matter, Lawyer Tran Van Toan of Khanh Hung Law Office, Hanoi Bar Association, answers as follows:

According to Clause 1 and Clause 2, Article 166 of the 2012 Labor Code, an elderly worker is someone who continues working after the age of 60 for men and 55 for women. Elderly workers are entitled to reduced working hours daily or the application of part-time work policies.

The use of elderly workers is regulated by Article 167 of the Labor Code as follows: When there is a need, the employer can agree with the elderly worker who is in good health to extend the labor contract period or enter into a new labor contract.

When retired, if working under a new labor contract, in addition to the benefits being received under the pension scheme, elderly workers are still entitled to the benefits agreed upon in the labor contract.

Elderly workers must not be employed for heavy, hazardous, or dangerous jobs that negatively affect their health unless in special cases as stipulated by the Government of Vietnam.

Employers have a responsibility to care about the health of elderly workers at the workplace.

Elderly workers should only be employed if they are in good health.

Article 6 of Decree No. 05/2015/ND-CP dated January 12, 2015, of the Government of Vietnam stipulates that when the employer needs, and the elderly worker is in good health as concluded by a legally established and operating medical examination and treatment facility, the two parties may agree to extend the labor contract period or enter into a new labor contract. When the employer does not need or the elderly worker is not in good health, the two parties shall terminate the labor contract.

Article 11 of Decree 45/2013/ND-CP of the Government of Vietnam stipulates that the employment of elderly workers for heavy, hazardous, dangerous jobs is only allowed when the following conditions are met:

The elderly worker has experience and high skills with no less than 15 years of professional seniority; possesses a certificate or vocational qualification or is recognized as an artisan under the law; the elderly worker is in good health according to standards issued by the Minister of Health for the occupation or job; employment is on a temporal basis; no more than 5 years for each worker; must undergo periodic health checks at least twice a year; at least one non-elderly worker working alongside.

Based on these regulations, a company can enter into a labor contract with Mr. Nguyen Ngoc Hoang after the age of 60 if Mr. Hoang meets the conditions stipulated in Article 6 of Decree No. 05/2015/ND-CP and Article 11 of Decree 45/2013/ND-CP.

If Mr. Hoang has good health, expertise, experience, and high skills, and can simultaneously hold two managerial positions at two companies, one as a laboratory manager at one company and a chief construction supervisor at another company, Mr. Hoang may enter into labor contracts with both companies.

However, both jobs mentioned above are heavy and hazardous. Additionally, in the role of managing two units at two different workplaces, it requires Mr. Hoang to work with high labor intensity, working hours exceeding normal working hours, and frequently traveling between companies to fulfill duties under two labor contracts. Hence, this will not ensure his health, working hours, rest time, job quality, and fulfillment of contract obligations, thereby violating the agreed terms.

Therefore, according to the lawyer, Mr. Hoang should choose and enter into a labor contract with one company that has the most suitable job position matching his expertise and health, allowing appropriate working hours and rest for an elderly person.

According to the Government of Vietnam's electronic portal

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE