Does an employee who reaches the retirement age need to be informed in advance to terminate employment contract in Vietnam? Can I receive a pension if I retire before prescribed age in Vietnam?
Does an employee who reaches the retirement age need to be informed in advance to terminate employment contract in Vietnam? Can I receive a pension if I retire before prescribed age in Vietnam? What type of employment contract can be signed with retired employees in Vietnam?
Does an employee who reaches the retirement age need to be informed in advance to terminate employment contract in Vietnam?
If a company has a female employee who signed an employment contract with an indefinite term and is about to retire (full retirement age), does company need to notify her in advance to terminate the employment contract?
Answer: Point dd Clause 1, Point a Clause 2 Article 36 of the 2019 Labor Code stipulates:
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:
...
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;
2. When unilaterally terminating the employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employee in advance:
a) at least 45 days in case of an indefinite-term employment contract;
...
Thus, when the employee reaches the prescribed retirement age in Vietnam, the employer has right to unilaterally terminate the employment contract with the employee. However, the employer must notify the employee at least 45 days in advance for an indefinite-term employment contract.
Therefore, when an employee of your company reaches retirement age and the company wants to terminate the indefinite-term employment contract with this employee, it must give at least 45 days' notice.
Does an employee who reaches the retirement age need to be informed in advance to terminate employment contract in Vietnam? Can I receive a pension if I retire before prescribed age in Vietnam? (Image from the Internet)
What type of employment contract can be signed with retired employees in Vietnam?
Question: According to the law, what type of employment contract can be signed with retired employees in Vietnam? Hope to receive a response soon.
Answer: In Article 148 and Clause 1, Article 149 of the 2019 Labor Code, it is stipulated:
Article 148. 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.
Article 149. Employment of elderly people
1. When an elderly person is employed, both parties may agree on conclusion of multiple fixed-term employment contracts.
Thus, according to the above regulations in Vietnam, when signing employment contracts with retired employees, the company has right to sign fixed-term contracts multiple times.
Can I receive a pension if I retire before prescribed age in Vietnam?
I am only 49 years old and have paid social insurance for 18 years. Now, due to family reasons, I want to retire before my age, but I am not yet old enough, will I still receive a pension? I am a normal office worker.
Answer: The condition for an employee to retire before age is when they have paid social insurance for 20 years or more and fall into the case of Clause 1, Article 219 of the 2019 Labor Code amending and supplementing Articles 54 and 55 of Social Insurance Law 2014.
Comparing the above regulations, the retirement age of employees under normal working conditions is adjusted according to the roadmap until reaching 62 years old for male employees in 2028 and reaching 60 years old for female employees in 2035.
Currently, you are 49 years old and has 18 years of social insurance payment, which is not eligible for early retirement and is not enough to receive a monthly pension. Therefore, if for family reasons you want to resign, after 1 year if you do not continue to pay social insurance, you can go through the procedure to receive social insurance one time (Article 1 of Resolution 93/2015/QH13).
Best regards!
