Retired but still working overtime, will my pension be cut?

Will retired people who work extra have their pension cut?

Regarding this issue, according to Clause 2, Article 149 of the 2019 Labor Code, the employment of elderly workers is regulated as follows:

1. When employing elderly workers, the two parties may agree to enter into multiple fixed-term labor contracts.

2. When an elderly employee who is receiving a pension according to the provisions of the Law on Social Insurance works under a new labor contract, in addition to the benefits currently enjoyed under the pension regime, the elderly employee is entitled to receive salary and other benefits according to the provisions of law and the labor contract.

3. Elderly workers must not be employed in heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs that have adverse effects on the health of elderly workers, except in cases where safe working conditions are ensured.

4. Employers are responsible for taking care of the health of elderly employees at the workplace.

Based on the regulations, when an elderly employee is receiving 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 enjoyed under the pension regime, the elderly employee is entitled to receive salary and other benefits according to the provisions of law and labor contract.

In fact, it is very common for retired workers to continue working. The law allows the use of older workers to work but also requires employers to be responsible for taking care of the health of older workers in the workplace.

The State also encourages the employment of elderly workers in jobs suitable to their health to ensure labor rights and effective use of human resources.

How do retired people sign labor contracts?

According to Article 13 of the 2019 Labor Code, if an employer and a retired employee have an agreement on paid employment and working conditions, rights and obligations of each party, before accepting the employee to work, the employer must enter into a labor contract with that employee.

The parties may sign a fixed-term or indefinite-term labor contract. In the case of a fixed-term labor contract, the employee and the employer may agree to sign multiple fixed-term contracts.

Therefore, depending on the labor needs of the enterprise, the employer can choose to sign the appropriate type of labor contract.

For retired workers who receive monthly pensions, due to limited health conditions and short working time, the optimal solution when signing a labor contract with these people is to sign a fixed-term labor contract.

If the contract expires and both parties still have needs, a new labor contract will be signed.

Minh Hoa (t/h)

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