In case a person who is receiving retirement pension enters into a new employment contract, will he/she continue to receive retirement pension in Vietnam?
In case a person who is receiving retirement pension enters into a new employment contract, will he/she continue to receive retirement pension in Vietnam?
Pursuant to Article 149 of the Labor Code 2019, regulations on the employment of elderly people 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, if an employee has retired and is receiving pension, if they continue to work, the two parties can sign a new labor contract without affecting their monthly pension benefits. workers.
In case a person who is receiving retirement pension enters into a new employment contract, will he/she continue to receive retirement pension in Vietnam?
Vietnam: If a retired employee continues to work, how to calculate the salary?
According to the provisions of Article 90 of the Labor Code 2019, specific salary regulations are as follows:
Salaries
1. A salary is an amount the employer pays the employee under an agreement for a work performed by the latter. Salary equals (=) base salary plus (+) allowances and other additional amounts.
2. The base salary must not fall below the statutory minimum wages.
3. Employers shall pay salaries fairly without discrimination against genders of employees who perform equal works.
Thus, based on the above regulations, even though the employee has retired but continues to work, the salary must be determined as follows:
- A salary is an amount the employer pays the employee under an agreement for a work performed by the latter. Salary equals (=) base salary plus (+) allowances and other additional amounts.
- Employers shall pay salaries fairly without discrimination against genders of employees who perform equal works.
Note: The base salary must not fall below the statutory minimum wages.
What are the retirement ages for employees in Vietnam?
Article 169 of the Labor Code 2019 stipulates the retirement age as follows:
Retirement ages
1. An employee who has paid social insurance for an adequate period of time as prescribed by social insurance laws shall receive retirement pension when he/she reaches the retirement age.
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.
4. Retirement ages of skilled employees and employees in certain special cases may be older by up to 05 years than the retirement ages specified in Clause 2 of this Article, unless otherwise prescribed by law.
5. The Government shall elaborate this Article.
Accordingly, the current retirement age for male employees is 60 years and 9 months and for female employees, the retirement age is 56 years old.
From 2021, the retirement age for employees under normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees; After that, it shall increase by 03 months for males and 04 months for females after every year.
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