Notable points on employment of elderly people in Vietnam

Notable points on employment of elderly people in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on elderly employees in Vietnam

Regulations on elderly employees under Article 148 of the Labor Code 2019 are as follows:

- An elderly employee is a person who continues working after the age stipulated in Clause 2 Article 169 of the Labor Code 2019.

+ 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.

- 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.

- 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.

2. Notable points on employment of elderly people in Vietnam

Notable points on employment of elderly people in Vietnam under Article 149 of Labor Code 2019 are as follows:

- When an elderly person is employed, both parties may agree on conclusion of multiple fixed-term employment contracts.

- 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.

- 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.

- Employers are responsible for taking care of the health of elderly employees at the workplace.

3. Rights and obligations of employees in Vietnam

According to Article 5 of the Labor Code 2019, the rights and obligations of employees are as follows:

- An employee has the rights to:

+ Work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;

+ Receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;

+ Establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer;

Receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;

+ Refuse to work if he/she finds that the work directly threatens his/her life or health;

+ Unilaterally terminate the employment contract;

+ Go on strike;

+ Exercise other rights prescribed by law.

- An employee has the obligations to:

+ Implement the employment contract, collective bargaining agreement and other lawful agreements;

+ Obey internal labor regulations, the lawful management, administration and supervision by the employer;

+ Implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.

Le Truong Quoc Dat

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