Amendment to the 2017 Labor Code: Only Increase Retirement Age from January 1, 2021

This is one of the two options proposed by the Ministry of Labor, Invalids, and Social Affairs to collect opinions for the second draft of the amended Labor Code. In this draft, there are many changes compared to the first draft.

The draft proposes 02 retirement options as follows:

- Option 1 is to maintain the current retirement age as per the existing regulations. To be specific: the retirement age for ordinary workers working under normal working conditions is: men at 60 years old, women at 55 years old.- Option 2 is to increase the retirement age starting from January 1, 2021, and increase it gradually: the retirement age for ordinary workers working under normal working conditions is men at 60 years old, women at 55 years old. From January 1, 2021, onwards, the retirement age will increase by 06 months each year until men reach 62 years old and women reach 60 years old.

Thus, compared to the first draft, instead of applying the retirement age increase immediately when the law takes effect, the second draft proposes only to apply the retirement age increase from January 1, 2021. The time to increase the retirement age is also faster. Accordingly, from 2021, for workers in normal conditions, the retirement age will increase by 6 months each year (the first draft: 3 months each year) until men reach 62 years old and women reach 60 years old.

Additionally, the second draft has some differences compared to the first draft. To be specific:

- Female workers are still entitled to 30 minutes/day off during menstruation and 60 minutes/day off while nursing children under 12 months old (the first draft proposed to remove this regulation).- Increase the total overtime hours for workers to 400 hours/year compared to the existing regulation of 300 hours/year (the first draft proposed a total overtime of 600 hours/year).

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