Tiếng Việt
Table of Contents
1. Who is considered an elderly worker?
2. Regimes for elderly workers in 2024?
2.1 Ensuring gender equality for elderly workers in 2024
2.2 Shortening daily working hours, part-time working regime
2.3 Policy to ensure the right to work in accordance with health
2.4 Permission to sign multiple fixed-term contracts
2.5 Benefits on wages and allowances for elderly workers
2.6 Jobs that enterprises are not allowed to employ elderly workers
2.7 Responsibility to care for the health of elderly workers at the workplace
1. Who is considered an elderly worker?
Pursuant to Clause 1, Article 148 of the Labour Code 2019:
“1. An elderly worker is a person who continues working after the age stipulated in Clause 2 of Article 169 of this Code.”
Accordingly, Clause 2, Article 169 of the Labour Code 2019: “2. The retirement age for workers in normal working conditions shall be adjusted according to a roadmap of increments until reaching 62 years of age for male workers by 2028 and 60 years of age for female workers by 2035.
Commencing in 2021, the retirement age for workers in normal working conditions shall be 60 years and 03 months of age for male workers and 55 years and 04 months of age for female workers. From then onwards, the age of retirement shall increase by 03 months per year for male workers and by 04 months per year for female workers.”
2. What are the policies for elderly workers in 2024?
2.1 Ensuring gender equality for elderly workers in 2024
According to Clause 7, Article 4 of the Labour Code 2019: “To ensure gender equality and to stipulate labour and social policies to protect female workers, workers with disabilities, elderly workers, and minor workers.”
The State’s labour policy stipulates that enterprises employing elderly workers must ensure gender equality; regulating labour regimes and social policies to protect elderly workers.
2.2 Shortening daily working hours, part-time working regime
According to Clause 2, Article 148 of the Labour Code 2019: “2. Elderly workers are entitled to reach an agreement with the employer to reduce their daily working hours or to work on a part-time basis.”
2.3 Policy to ensure the right to work in accordance with health
According to Clause 3, Article 148 of the Labour Code 2019: “The State encourages the use of elderly workers to work in accordance with their health to ensure the right to work and effectively use human resources.”
2.4 Permission to enter into multiple fixed-term contracts
According to Clause 1, Article 149 of the Labour Code 2019: “1. When employing an elderly worker, the two parties may agree to enter into definite term employment contracts multiple times.”
2.5 Benefits on salary and allowances for elderly workers
According to Clause 2, Article 149 of the Labour Code 2019: “2. When a worker is receiving a pension as regulated by the Social Insurance Law and works under a new employment contract, the worker shall be entitled to receive wages and other rights and interests as stipulated in the law and in the employment contract in addition to the rights and benefits they receive under the pension scheme.”
2.6 Jobs that enterprises are not allowed to employ elderly workers
According to Clause 3, Article 149 of the Labour Code 2019: “3. It is prohibited to employ elderly workers in heavy, hazardous or harmful work or occupations or especially heavy, hazardous or harmful work or occupations that adversely affect the health of the elderly worker, except in cases where safe working conditions can be ensured.”
2.7 Responsibility to care for the health of elderly employees at the workplace
According to Clause 4, Article 149 of the Labour Code 2019: “4. The employer is responsible for taking care of the health of elderly workers at the workplace.”