Currently, in enterprises, the number of elderly workers is very large, so what should employers pay attention to when signing labor contracts with elderly employees in Vietnam? Does the law allow elderly workers to work?
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According to the regulations in the Labor Code 2012, an elderly employee is one who continues to work after the ages of: Men at 60 years old, and women at 55 years old. Thus, it can be seen that an employee who has retired can continue working and sign employment contracts with enterprises after retiring.
According to the Labor Code 2012 and its guiding documents, it is clearly specified what needs to be done when signing contracts with elderly employees. These specific regulations are listed in the table below:
| Legal basis | Regulations to be noted |
| Labor Code 2012 | - When needed, the employer can negotiate with the elderly employee who is in good health to extend the duration of the labor contract or enter into a new labor contract; - Elderly employees are allowed to have shorter working hours daily or may be subject to part-time working policies; - Elderly employees must undergo health check-ups at least once every 6 months; - Upon retiring, if working under a new labor contract, besides the benefits they are receiving from the pension, elderly employees are still entitled to benefits agreed upon in the labor contract; - Employers have the responsibility to take care of the health of elderly employees at the workplace; - Besides paying wages for the work, employers are responsible for paying an additional amount equivalent to mandatory social insurance, health insurance, unemployment insurance, and annual leave payments along with the wage cycle to the elderly employees; - Elderly employees cannot be employed to perform heavy, toxic, or dangerous jobs that negatively affect their health, except in special cases as regulated by the Government of Vietnam. |
| Decree 148/2018/ND-CP amending Decree 05/2015/ND-CP guiding the Labor Code | - When the employer does not need or the elderly employee is not in good health, the two parties may agree to terminate the labor contract |
| Decree 45/2013/ND-CP guiding the Labor Code on working hours, rest hours, labor safety, and labor hygiene | The employment of elderly employees in heavy, toxic, or dangerous jobs is only allowed under the following conditions: - Elderly employees have experience, high skills with at least 15 years of professional seniority; are certified or have a vocational certificate, or are recognized as an artisan by law; - Elderly employees are healthy enough as per standards issued by the Minister of Health for the occupation or job; - Employment is temporary and does not exceed 5 years for each employee; - Health checks must be conducted periodically at least twice a year; - At least one non-elderly employee must work alongside the elderly employee. |
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