Does working with the elderly need to sign a labor contract? Many companies continue to hire older workers based on their job readiness and professional readiness, which brings many benefits to companies. In order to continue employing older people, companies must pay attention to several aspects related to working conditions and working hours. Find out with Lawyer X about regulations on the employment of elderly workers in Vietnam.
Legal grounds
Labor Code 2019
Can elderly workers be employed?
According to Article 149 of the 2019 Labor Code, the employment of elderly employees is as follows:
- When employing elderly employees, the two parties may agree to enter into multiple definite-term labor contracts.
- When an elderly employee who is enjoying a pension according to the provisions of the Law on Social Insurance and works under a new labor contract, in addition to the benefits currently enjoying under the retirement regime, the elderly employee is entitled to money salary and other benefits as prescribed by law, labor contract.
- Elderly employees must not be employed in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs that adversely affect the health of elderly employees, except for ensure safe working conditions.
- Employers are responsible for taking care of the health of elderly employees at work.
Does working with the elderly need to sign a labor contract?
Article 149 of the Labor Code 2019 stipulates the employment of elderly employees as follows:
- When employing elderly employees, the two parties may agree to enter into multiple definite-term labor contracts.
- When an elderly employee who is enjoying a pension according to the provisions of the Law on Social Insurance and works under a new labor contract, in addition to the benefits currently enjoying under the retirement regime, the elderly employee is entitled to money. salary and other benefits as prescribed by law, labor contract.
- Elderly employees must not be employed in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs that adversely affect the health of elderly employees, except for ensure safe working conditions.
- Employers are responsible for taking care of the health of elderly employees at work.
Which labor contract is signed with the elderly employee?
Article 20 of this Code stipulates the following types of labor contracts:
- Labor contracts must be entered into in one of the following categories:
a) An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the validity of the contract;
b) A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within a period not exceeding 36 months from the effective date of the contract.
- When the labor contract specified at Point b, Clause 1 of this Article expires, but the employee continues to work, the following actions shall be taken:
a) Within 30 days from the date of expiration of the labor contract, the two parties must sign a new labor contract; during the time when a new labor contract has not been signed, the rights, obligations and interests of both parties shall be performed according to the signed contract;
b) If the time limit of 30 days from the date of expiration of the labor contract, but the two parties do not sign a new labor contract, the contract entered into under the provisions of point b, clause 1 of this Article becomes a labor contract indefinite term;
c) In case the two parties sign a new labor contract which is a definite-term labor contract, it is only allowed to sign one more time, after that, if the employee continues to work, he/she must sign a labor contract for an indefinite term, except for the labor contract for a person hired to act as a director in a state-owned enterprise and the cases specified in Clause 1, Article 149, Clause 2, Article 151, and Clause 4, Article 177 of this Code. .
In addition, Clause 1, Article 149 of the regulations on the employment of elderly workers states:
- When employing elderly employees, the two parties may agree to enter into multiple definite-term labor contracts.
What is the penalty for not signing a labor contract with the elderly?
According to Clauses 1 and 3, Article 9 of Decree 12/2022/ND-CP, violations of regulations on entering into labor contracts are as follows:
- A fine shall be imposed on the employer when there is one of the following acts: entering into an unwritten labor contract with the employee doing the job with a term of full 1 month or more; enter into a non-written labor contract with a person authorized to conclude a contract for a group of employees aged full 18 years or older who do seasonal work or certain jobs with a term of less than 12 months specified in Clause 1 of this Article. Clause 2, Article 18 of the Labor Code; entering into the wrong type of labor contract with the employee; entering into an incomplete labor contract with the main contents of the labor contract as prescribed by law at one of the following levels:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 for violations from 01 to 10 employees;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 for violations of between 11 and 50 employees;
c) A fine ranging from VND 10,000,000 to VND 15,000,000 for violations of between 51 and 100 employees;
d) A fine ranging from VND 15,000,000 to VND 20,000,000 for violations of between 101 and 300 employees;
dd) A fine ranging from VND 20,000,000 to VND 25,000,000 for violations of 301 employees or more.
- Remedial measures
a) Forcing the employer to enter into a written labor contract with the employee when entering into a non-written labor contract with the employee to do the job with a term of full 1 month or more. up to the provisions of Clause 1 of this Article;
Pursuant to Clause 1, Article 6 of Decree 12/2022/ND-CP stipulating fine levels:
- The fine level prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree is the fine level imposed on individuals, except for the cases specified in Clauses 1, 2, 3, 5. The 7th rule; Clauses 3, 4, 6 Article 13; Clause 2 Article 25; Clause 1 Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8 Article 39; Clause 5 Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine level for organizations is equal to 02 times the fine level for individuals.
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Frequently asked questions
In Article 167 of the Labor Code 2012, there are provisions:
Article 167. Employing elderly workers
When required, the employer may negotiate with the elderly employee who is healthy enough to extend the term of the labor contract or enter into a new labor contract under the provisions of Chapter III of the Ministry of Industry and Trade. this law.
Upon retirement, if working under a new labor contract, in addition to the benefits currently enjoyed under the retirement regime, the elderly employee still enjoys the benefits agreed upon under the labor contract.
Elderly employees must not be employed to do heavy, hazardous or dangerous jobs that adversely affect the health of elderly employees, except for special cases as prescribed by the Government.
Pursuant to Article 149 of the 2019 Labor Code, the employment of elderly employees is as follows:
When employing elderly employees, the two parties may agree to enter into multiple definite-term labor contracts.
When an elderly employee who is enjoying a pension according to the provisions of the Law on Social Insurance works under a new labor contract, in addition to the benefits he is currently enjoying under the retirement regime, the elderly employee is entitled to a salary and benefits. other benefits as prescribed by law, labor contract.
Elderly employees are not allowed to do heavy, hazardous or dangerous occupations or jobs, or especially heavy, toxic or dangerous jobs that adversely affect the health of the elderly workers, except in the case of insurance. ensure safe working conditions.
Employers are responsible for taking care of the health of elderly employees at work
Conclusion: So the above is Regulations on the employment of elderly workers in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
