1. Regulations on older workers:

According to the 2019 Labor Code and Decree 135/2020/ND-CP, important regulations related to elderly workers and retirement age have been introduced, with future retirement age adjustments. Currently, in 2023, the age considered an elderly worker is 60 years and 9 months for men and 56 years for women, and this age will gradually increase according to the roadmap.

This issue raises a series of important aspects:

- Protect workers' rights Elderly: It is necessary to ensure that elderly workers are treated fairly and without discrimination in the working environment. Regulations on the status of elderly workers need to be properly implemented.

– Work adjustments and health protection: Heavy and dangerous work can especially affect elderly workers. Appropriate regulations and protections are needed to ensure their health and safety.

– Proper management: There needs to be proper management on the part of employers and the government to ensure that regulations on retirement age and heavy work are implemented properly. It is important to check and ensure compliance with these regulations.

– Training and career change: For older workers, training and support for career change can be a way for them to adapt to changes in the working environment.

– Social policy: There needs to be social policies to support elderly workers, including social insurance and medical support appropriate to their condition.

In summary, ensuring the rights and health of elderly workers in a changing labor environment requires continuous attention and adjustment from management agencies and employers to ensure Everyone is treated fairly and safely in the workplace.

2. Conditions for using elderly workers in occupations and heavy jobs:

According to Article 29 of Decree 39/2016/ND-CP, to employ elderly workers for heavy, toxic and dangerous jobs, the following conditions must be met:

– Elderly workers need to have at least 15 years of work experience in the related field, of which at least 10 years must be continuously worked before signing a labor contract.

– They need to possess high skills and have a certificate or vocational certificate, or be recognized as an artisan according to the law. Before signing a labor contract, the employer must conduct inspections and tests.

– Elderly workers need to meet health standards issued by the Ministry of Health, after receiving opinions from specialized ministries corresponding to heavy, toxic and dangerous work. They need to have regular health checks at least twice a year.

– The period of employment of elderly workers must not exceed 5 years for each person.

– It is necessary to arrange at least 01 employee who is not an elderly employee to work in the same job position as the elderly employee.

– Elderly workers must voluntarily work and submit a job application for the employer to review before signing a labor contract.

– Employers wishing to employ elderly workers need to prepare a plan and send it to the Ministry with authority to manage the industry, including information about specific jobs and working conditions, proposals and assessments. Evaluate the conditions for using elderly workers.

– The industry management ministry will regulate occupational titles, specific jobs and conditions for using elderly workers in industries and fields under its management authority.

All of these regulations are established to ensure the safety and rights of elderly workers when participating in particularly heavy, hazardous and dangerous jobs in difficult and dangerous working environments. muscle.

3. Working hours of the elderly:

According to Clause 2 of Article 148 of the 2019 Labor Code, elderly employees have the right to agree with the employer on shortening daily working hours or applying a part-time working regime. . However, it is important that this is approved by the employer.

As of the effective date of the 2019 Labor Code, this regulation emphasizes respect for the autonomy of elderly workers in deciding on working hours. This means that they have the right to propose and agree with the employer to work fewer hours without being forced. However, another important thing is that there needs to be consensus between both parties, which means the employer also needs to agree to the elderly employee's request.

This issue demonstrates respect for the choice and health of elderly workers, while ensuring that working time adjustments are suitable for both parties and do not significantly affect the production process. production and business of the employer.

4. Labor contract for elderly employees:

Currently, the Labor Law does not have regulations limiting the type of contract signed with elderly employees, but only stipulates that if the employee is healthy enough according to the conclusion of the medical examination and treatment facility, both parties will refund the contract. It is possible to extend the labor contract without any time limit as possible terminate the labor contract When the employee no longer ensures health as prescribed in Article 6 of Decree 05/2015/ND-CP:

Labor contracts with elderly employees are valid when the employer has a need and the elderly employee is healthy enough according to the conclusion of a medical examination and treatment facility established and operating according to regulations. of the law, the two parties can agree to extend the term of the labor contract or sign a new labor contract. When the employer does not need the employee or the elderly employee is not healthy enough, both parties will terminate the labor contract.

Thus, when the employer has a need and the elderly employee is healthy enough according to the conclusion of a medical examination and treatment facility established and operating in accordance with the law, the two parties can agree to extend the term of the labor contract or sign a new labor contract.

When the employer does not need the employee or the elderly employee is not healthy enough, both parties will terminate the labor contract.

5. Penalties for administrative violations in employing elderly workers:

Pursuant to Clause 2, Article 31 of Decree 12/2022/ND-CP, stipulating a fine of from 10,000,000 VND to 15,000,000 VND for employers who commit acts of using elderly workers for work, Heavy, toxic, dangerous or especially heavy, toxic or dangerous work that adversely affects the health of elderly workers, unless safe working conditions are guaranteed.

Furthermore, the 2019 Labor Code stipulates that employers and employees must participate in mandatory social insurance, health insurance, and unemployment insurance. During the time the employee is off work and receiving social insurance benefits, the employer does not need to pay the employee a salary, unless otherwise agreed. For employees who are not subject to compulsory social insurance, health insurance, or unemployment insurance, the employer needs to pay an additional amount equivalent to the mandatory social insurance premium. compulsory health insurance, unemployment insurance according to the provisions of law.

In summary, employing elderly workers in heavy, hazardous, and dangerous jobs requires compliance with regulations on social insurance, health insurance, and unemployment insurance, and the employer Employers need to ensure the safety of elderly workers to avoid fines.

 List of legal documents used:

– Labor Code 2019;

– Decree 39/2016/ND-CP guiding the Law on Occupational Safety and Hygiene

– Decree 12/2022/ND-CP on sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts