Can self-employed employees who do not receive a pension beyond the retirement age be considered elderly employees in Vietnam?

Can self-employed employees who do not receive a pension beyond the retirement age be considered elderly employees in Vietnam?

Pursuant to Article 148 of the 2019 Labor Code, the elderly employees are as follows:

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.

Besides, Article 169 of the Labor Code 2019 stipulates retirement ages as follows:

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.

Thus, according to current regulations in Vietnam, elderly employees are those who continue working after the retirement age. This does not refer to the case where the employee must be a pensioner. Therefore, when self-employed employees continue to work after the retirement age specified in Article 169, they are still considered elderly workers.

Is it possible to hire elderly workers to do hand wool weaving in Vietnam? 

According to the provisions of Article 149 of the Labor Code 2019, employment of elderly people is 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.

In addition, at number 20, Section X, List of arduous, hazardous and dangerous occupations and works, and extremely arduous, hazardous and dangerous occupations and works, promulgated together with Circular 11/2020/TT -BLDTBXH, stipulates:

Hand wool weaving is arduous and monotonous work; static working posture; working under impact of dust.

Accordingly, hand wool weaving is considered hard work so employers cannot hire workers to perform hand wool weaving in Vietnam.

Best Regards!