Who are the elderly employees in Vietnam? How many times are elderly employees allowed to enter into fixed-term employment contracts?
Who are the elderly employees in Vietnam?
Pursuant to Article 148 of the Labor Code 2019, regulations regarding elderly employees are specifically as follows:
Elderly employees
1. An elderly employee is a person who continues working after the age stipulated in Clause 2 Article 169 of this Labor Code.
2. Elderly employees are entitled to negotiate with their employer on reduction of reduce their daily working hours or to work on a part-time basis.
3. Employers are encouraged by the State to assign works that are suitable for elderly employees in order to uphold their right to work and ensure efficient utilization of human resources.
Reference to Clause 2, Article 169 of the Labor Code 2019 stipulates the retirement age as follows:
Retirement ages
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2. Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.
From 2021, the retirement ages of employees in normal working conditions shall be 60 yeas 03 months for males and 55 years 04 months for females, and shall increase by 03 months for males and 04 months for females after every year.
3. The retirement ages of employees who suffer from work capacity reduction; doing laborious, toxic or dangerous works; working in highly disadvantaged areas may be younger by up to 05 years than the retirement ages specified in Clause 2 of this Article, unless otherwise prescribed by law.
Accordingly, elderly employees are persons who continue to work after retirement age.
Accordingly, currently Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.
Who are the elderly employees in Vietnam? How many times are elderly employees allowed to enter into fixed-term employment contracts?
Vietnam: Can elderly employees do laborious, toxic or dangerous works?
According to the provisions of Article 149 of the Labor Code 2019, regulations on the employment of elderly employees are specifically as follows:
Employment of elderly people
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2. In case a person who is receiving retirement pension under the Law on Social Insurance enters into a new employment contract, he/she shall receive salary and other benefits prescribed by law and the employment contract in addition to the benefits to which they are entitled under the pension scheme.
3. Employer must not assign elderly employees to do laborious, toxic or dangerous works, or highly laborious, toxic or dangerous works that are harmful to their health, unless safety is ensured.
4. Employers are responsible for taking care of the health of elderly employees at the workplace.
Thus, based on the above regulations, employer must not assign elderly employees to do laborious, toxic or dangerous works, or highly laborious, toxic or dangerous works that are harmful to their health, unless safety is ensured.
How many times are elderly employees allowed to enter into fixed-term employment contracts in Vietnam?
Pursuant to Clause 1, Article 149 of the Labor Code 2019, regulations on the employment of elderly employees are specifically as follows:
Employment of elderly people
1. When an elderly person is employed, both parties may agree on conclusion of multiple fixed-term employment contracts.
2. In case a person who is receiving retirement pension under the Law on Social Insurance enters into a new employment contract, he/she shall receive salary and other benefits prescribed by law and the employment contract in addition to the benefits to which they are entitled under the pension scheme.
3. Employer must not assign elderly employees to do laborious, toxic or dangerous works, or highly laborious, toxic or dangerous works that are harmful to their health, unless safety is ensured.
4. Employers are responsible for taking care of the health of elderly employees at the workplace.
Thus, according to the above regulations, elderly employees are allowed to enter into multiple fixed-term employment contracts.
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