Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs in Vietnam

Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs in Vietnam (Internet image)

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

1. Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs in Vietnam

Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs according to Article 29 of Decree 39/2016/ND-CP are as follows:

- Only employ the elderly employees to perform the heavy, dangerous and hazardous trades and jobs which badly affect their health when meeting the following conditions:

+ The elderly employee must have experience with seniority of full 15 years or more in which there is at least 10 consecutive years of practice before the time of signing labor contract with the elderly employee;

+ The elderly employee must have high professional skills and certificate or be recognized as artisan according to the regulations of law; the employer must carry out the examination and testing before signing labor contract;

+ The elderly employees must be physically fit according to health standards issued by the Ministry of Health after the comments of the specialized ministry corresponding to the heavy, hazardous and dangerous trades and jobs and their health must be checked up at least 02 times 01 year;

+ Only employ each elderly employee for not more than 05 years;

+ There must be 01 employee who is not the elderly employee to work together with the elderly employee when performing work at a workplace;

+ The elderly employee has to submit application for voluntary work to the employer to review before signing labor contract.

- The employer has a need to employ the elderly employee for heavy, dangerous or hazardous trades and jobs must make a plan and send it to the Ministry having authority to manage the sector with the following basic contents:

+ Title of trades and jobs with the description of characteristics and working conditions of trades and jobs employing elder employees;

+ Recommendations and evaluation of each specific condition for employing elder employees specified in Paragraph 1 of Article 29 of Decree 39/2016/ND-CP.

- The line ministry stipulates the title of heavy, hazardous and dangerous trades and jobs which can employ elderly employees and specific conditions in the sectors and areas under its management.

- The employment of elderly people for heavy, dangerous or hazardous trades and jobs must follow the provisions in Paragraphs 1, 2 and 3 of Article 29 of Decree 39/2016/ND-CP like the employment of elderly employees for heavy, hazardous and dangerous trades and jobs.

2. Regulations on heavy, harmful or dangerous occupations in Vietnam

The regulations on heavy, harmful or dangerous occupations under Article 22 of the Law on occupational safety and hygiene 2015 are as follows:

- Heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations are classified according to their characteristics and particular working condition.

- The Minister of Labor, War Invalids and Social Affairs shall promulgate a List of heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations with the consent of the Ministry of Health; and regulations on classification standards for occupations according to working condition.

-. The employer shall provide adequate personal protective equipment and healthcare for employees who work heavy, harmful or dangerous occupations and extremely heavy, harmful or dangerous occupations as prescribed.

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