Can elderly people be employed in Vietnam?
Can elderly people be employed in Vietnam? What employment contracts are signed with elderly employees in Vietnam?
I am an overseas Vietnamese with Australian nationality, but because I am old and want to return to Vietnam to continue working, can I still work in Vietnam at the age of 64? Is it allowed to employ elderly employees? What employment contracts are signed with elderly employees? Hope you can advise. Thank you.
Can elderly people be employed in Vietnam?
According to Article 149 of the 2019 Labor Code, regulations on employment of elderly people are as follows:
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, businesses will not be allowed to hire elderly employees to do laborious, toxic or dangerous works that have a negative impact on that person's health. However, if safe working conditions are ensured, businesses can still use elderly employees to do these jobs in Vietnam.
Can elderly people be employed in Vietnam? (Image from the Internet)
What employment contracts are signed with elderly employees in Vietnam?
Article 20 of the 2019 Labor Code stipulates the following types of employment contracts:
1. An employment contract shall be concluded in one of the following types:
a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;
b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.
2. If an employee keeps working when an employment contract mentioned in Point b Clause 1 of this Article expires:
a) Within 30 days from the expiration date of the employment contract, both parties shall conclude a new employment contract. Before such a new employment contract is concluded, the parties’ rights, obligations and interests specified in the old employment contract shall remain effective;
b) If a new employment contract is not concluded after the 30-day period, the existing employment contract mentioned in Point b Clause 1 of this Article shall become an employment contract of indefinite term;
c) The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term, except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of this Labor Code.
In addition, Clause 1, Article 149 of the 2019 Labor Code regulates employment of elderly people stating:
1. When an elderly person is employed, both parties may agree on conclusion of multiple fixed-term employment contracts.
Thus, when employing elderly employees, the employer can agree to sign multiple fixed-term employment contracts or sign employment contracts with an indefinite term depending on the needs of the parties in Vietnam.
