In case retired employees continue working, will they still receive pensions in Vietnam? What is representative organization of employees in Vietnam?

In case retired employees continue working, will they still receive pensions in Vietnam?

My father has retired and is enjoying his pension, but due to boring, he signed a new employment contract with a business and went to work again. So will my father still receive his pension?

Answer: Pursuant to Article 149 of the 2019 Labor Code, there are regulations on elderly employees 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.

Thus, according to the above regulations in Vietnam, retired employees still have the right to sign employment contracts. However, retired employees will still enjoy pensions and other benefits as prescribed by law.

In case retired employees continue working, will they still receive pensions in Vietnam? What is representative organization of employees in Vietnam? (Image from the Internet)

What is representative organization of employees in Vietnam?

I am in charge of human resources for a company specializing in garments in Tan Binh Industrial Park. Now according to the new labor law, I want to know what is representative organization of employees in Vietnam? Thank!

Answer: According to Clause 3, Article 3 of the 2019 Labor Code, there are regulations on representative organization of employees, as follows:

3. “representative organization of employees” means an internal organization voluntarily established by employees of an employer which protects the employees’ legitimate rights and interests in labor relations through collective bargaining or other methods prescribed by labor laws. Representative organizations of employees include internal trade unions and internal employee organizations.

What are rights and obligations of representative organization of employees in labor relations according to the new regulations in Vietnam?

Let me ask: What are rights and obligations of representative organization of employees in labor relations according to the regulations on 2019 Labor Code in Vietnam? Thank your very much.

Answer: Article 178 of the 2019 Labor Code has regulations on rights and obligations of the representative organization of employees in labor relations, as follows:

Rights and obligations of the representative organization of employees in labor relations

1. Enter into collective bargaining with the employer in accordance with this Labor Code.

2. Hold dialogues at work in accordance with this Labor Code.

3. Comment on the establishment; supervise the implementation of the pay scale, payroll, labor rates, regulations on salary payment, rewards, internal labor regulations, and other issue relevant to rights and interests of employees that are members of the organization.

4. Represent the employee during labor dispute settlement when authorized by the employee.

5. Organize and lead strikes in accordance with this Labor Code.

6. Provide technical assistance for legally registered organizations in Vietnam to improve their knowledge about labor laws, procedures for establishment of the representative organization of employees and performance of representative activities in labor relation after registration is granted.

7. Be provided a working location, information and other necessary facilities for operation of the representative organization of employees by the employer.

8. Other rights and obligations prescribed by law.

Best regards!