Recently, the National Assembly has unanimously enacted the 2019 Labor Code on November 20, 2019, and it came into effect on January 1, 2021.
Labor Code 2019 stipulates that when employing elderly workers, employers can repeatedly enter into fixed-term labor contracts with elderly workers instead of extending the duration of the labor contract or entering into a new labor contract as prescribed in Labor Code 2012.
It can be seen that currently, elderly workers are a segment of the workforce with many years of experience and are an effective human resource. Leveraging and promoting this value advantage, the new law provisions are beneficial to both employees and employers.
Illustrative image (source: internet)
In addition, Labor Code 2012 retains important provisions related to the employment of elderly workers as follows:
- When an elderly worker who is receiving a pension according to the provisions of the Law on Social Insurance works under a new labor contract, in addition to the benefits being received under the pension, the elderly worker is entitled to a salary and other benefits according to the law and the labor contract.
- It is prohibited to employ elderly workers in heavy, hazardous, or dangerous jobs or especially heavy, hazardous, or dangerous jobs that adversely affect the health of elderly workers, except in cases where work safety conditions are ensured.
- Employers are responsible for taking care of the health of elderly workers at the workplace.
See the full text of the regulation at Labor Code 2019 effective from January 1, 2021.
Thu Ba
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