Explore the legal framework and guidelines surrounding older workers in the employment sector. Delve into the specific regulations, retirement age policies, and rights of older employees in the workforce. Stay informed about how businesses and individuals can navigate these regulations effectively for a smooth transition into retirement and beyond.
Question: Every 60+ years old considered an elderly worker?
Not every 60+ are elderly workers.
Answer: The age used as the basis for determining an elderly employee is that person’s retirement age according to labor law.
After the retirement age, if he/she continues to work, he/she is considered an elderly employee. From 2021, the retirement age for employees under normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees;male employees”
Elderly employees have the right to agree with the employer on shortening daily working hours or applying a partial-time working regime.
The State encourages the use of elderly workers to work in accordance with their health to ensure labor rights and effective use of human resources.
(Article 148 of the 2019 Labor Code)
Question: From a employee
I applied to work as a parking security guard for a supermarket near my house. I signed a 1-year labor contract. They saw that I was doing well, they continued to sign the labor contract. I want to sign a 1-year labor contract but the supermarket manager said that according to current law, they can only sign a fixed-term contract once, followed by an indefinite-term contract.
Answer:
What the supermarket manager said is not correct in your case. According to regulations, he has retired and continues to work. For elderly workers, you and the supermarket can agree to enter into multiple, fixed-term labor contracts.
Also the law also stipulates that Elderly employees are not allowed to do heavy, hazardous or dangerous occupations or jobs, or especially heavy… that adversely affect workers’ health.
(Article 149 Labor Code 2019)
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