Working age is one of the important bases for defining whether employees are eligible for signing the labor contract or not. In accordance with current regulations, how old are the working ages in Vietnam?
1. How old are the working ages in Vietnam?
In accordance with Clause 1, Article 3, Labor Code 2019, Employee means a person who works for an employer as agreed upon between the two parties. He/she is paid a wage and is managed, directed, and supervised by the employer.
For the working age, Clause 1, Article 3, Labor Code 2019 points out clearly that:
The minimum working age prescribed for an employee is full 15 years, except in the cases prescribed in Section 1, Chapter XI of this Code.
Within that, the minimum working age of occupations and jobs is 15 years old. For some easy occupations and jobs on the list promulgated by the Minister of Labor, Invalids and Social Affairs, employers are allowed to use employees aged from full 13 years to under full 15 years (In accordance with Clause 3, Article 143, Labor Code 2019).
Employers may not recruit and employ persons aged under full 13 years, except the jobs in the fields of arts and physical training and sports, provided that such jobs are not harmful to the physical, intellectual, and personality development of these persons, and shall get the consent of specialized agencies in charge of labor under provincial-level People’s Committees (In accordance with Clause 3, Article 145, Labor Code 2019).
The Labor Code 2019 only limits the minimum working age, not limits the maximum working age. Therefore, if the employee is not healthy enough to do the job, and at the same time, the employer has a demand for using the employee, two parties can sign the agreement to do the job.
2. What should pay attention to when using minor workers?
In accordance with Clause 1, Article 143, Labor Code 2019, the minor worker is a worker under full 18 years old.
Pursuant to Section 1, Chapter XI, Labor Code 2019, the employer must pay attention to the problems in the recruitment process as follows:
* Agreed jobs:
- Employees aged from full 15 years to under full 18 years may not perform the jobs or work in the places which are prohibited for employees aged under full 18 years.
- Employees aged from full 13 years to under full 15 years may only perform the easy jobs on the list promulgated by the Minister of Labor, Invalids, and Social Affairs.
- Employees aged under full 13 years may only perform the jobs in the fields of arts and physical training and sports, provided that such jobs are not harmful to physical, intellectual, and personality development.
* Labor contract:
- Entering into a labor contract with an employee aged between full 15 years and under full 18 years, with the written consent of his/her at-law representative;
- Entering into a labor contract with an employee aged under full 15 years and his/her at-law representative.
* Working conditions:
- Arrange a working time that does not affect the school hours of an employee aged under full 15 years;
- Obtain a health certificate issued by a competent health establishment stating that the health of this person is suitable to his/her job, and organize health checks at least once every 6 months for an employee aged under full 15 years.
- Ensure working conditions and occupational safety and health are suitable to the age of this employee.
- Working time for the employee aged under 15 years old: Must not exceed 4 hours per day and 20 hours per week; no overtime or night work is allowed.
- Working time for the employee aged between full 15 years and under full 18 years: Must not exceed 8 hours per day and 40 hours per week, may work overtime or at night for the occupations and jobs.
3. What should pay attention to when employing elderly workers?
In accordance with Clause 1, Article 148, Labor Code 2019, elderly workers can continue working after the age defined for retirement.
Pursuant to Section 2, Chapter XI, Labor Code 2019, the employer must pay much attention to the regulations when employing elderly workers as follows:
- Elderly workers may reach an agreement with employers to reduce their daily working time or apply the regime of part-time work.
- Parties can sign many definite-term labor contracts, but must not sign indefinite labor contracts.
- Must not pay social insurance, health insurance, or unemployment insurance for elderly workers. Instead, additionally, pay him/her an amount equivalent to the number of compulsory insurance premiums payable by the employer for the employee at the time of salary payment.
- The employer may not employ elderly workers in heavy, hazardous, or dangerous occupations or jobs or extremely heavy, hazardous, or dangerous occupations or jobs that are harmful to their health unless it/he/she can guarantee safe working conditions.
Here is the information on working ages in Vietnam and some attached notes.