Notable points regarding employment of elderly people in Vietnam

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

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

How is the term "elderly employee" understood?

According to the provisions of Clause 1, Article 148 of the Labor Code 2019, 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.

Notable points regarding employment of elderly people in Vietnam

First: Regulations on employment of elderly people in Vietnam according to Article 149 of the 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.

Second: Regulations on working hours for the elderly employees in Vietnam

According to the provisions of Clause 2, Article 148 of the Labor Code 2019, 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.

In addition, according to Clause 2, Article 107 of the Labor Code 2019, an employer has the right to request an employee to work overtime when all of the following conditions are met:

- The employee agrees to work overtime;

- The number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month;

- The total overtime working hours do not exceed 200 hours in 01 year, except for the cases specified in Clause 3 of Article 107 of the Labor Code 2019.

Third: Regulations on social insurance contributions for elderly employees in Vietnam are as follows:

- There will be no need to pay social insurance for elderly employees if the employee on pension, social insurance allowance or monthly allowance who are working under signed labor contracts is not covered by compulsory social insurance according to Clause 9, Article 123 of the Law on Social Insurance 2014.

- The employer still have to pay social insurance if the employee does not fall into the above cases and the employment contract has a term of 1 month or more as prescribed in Clause 1, Article 2 of the Law on Social Insurance 2014.

Regulations on administrative sanctions for violation of regulations on employment of elderly people in Vietnam

Employers may be subject to administrative sanctions if they violate regulations on employment of elderly people in Vietnam, based on Clause 2, Article 31 of Decree 12/2022/ND-CP as follows:

A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for hiring elderly employees to perform arduous, hazardous and dangerous works or jobs, or extremely arduous, hazardous and dangerous works or jobs, which are harmful to their health, unless safe working conditions are ensured.

Hoang Danh Quyet

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE