Many advantages from older workers

However, in response to life's demands, people over 40 years old are still constantly trying to find suitable jobs.

Desire to work

Ms. Nguyen Thi Lanh (45 years old, living in Bien Hoa ward, Dong Nai province) said: Because she needed a job to ensure her life, she did not hesitate to apply for a job at a garment enterprise in Tan Trieu ward, Dong Nai province according to the company's recruitment notice. So she was accepted to work, with a fairly simple job of cutting thread, which made her excited.

Lawyers from the Dong Nai Province Bar Association (left cover) provide legal advice on rights and obligations for workers. Photo: D.Phu.

Ms. Pham Thi Be (42 years old, living in An Loc ward, Dong Nai province) shared: When she found a new job, her thinking was completely different from when she was young, that everything needed to be simplified to be in harmony with the reality of her own circumstances such as: not being picky about the job when assigned, working regime, rest time, wages, salaries... Especially during the working process, older workers like her do not want to lose their jobs or have their labor contracts terminated due to unnecessary mistakes. Therefore, she is very focused on her work, complies with labor regulations, strictly works hours, and is ready to accept work assignments according to the manager's requirements. Those are the advantages of older workers. Mr. Hoang Van Cong, in charge of recruitment for a business in Thanh Phu Industrial Park, Tan Trieu ward, said: The company's need to recruit workers over 40 years old only accounts for a small proportion compared to the need to recruit young workers. However, once working, this group of workers is less likely to change, is committed to their jobs long-term, has a good attitude and work responsibility, and especially does not require as many requirements as young workers.

According to Mr. Cong, because older workers want to keep a stable job for a long time until they receive their pension, they work very hard, despite always facing obstacles in health, capacity, keeping up with the pace, the need to eliminate to recruit new workers when changing technology, rearranging the business's workforce, etc.

Although there is a relatively large difference in age, health, skills, experience... between young workers and workers over 40 years old, when the employer signs a labor contract, workers over 40 years old also fully comply with the rights and obligations in accordance with labor laws like young workers.
Lawyer NGUYEN VAN GIAP, Dong Nai Provincial Bar Association

Respect for older workers

Also because of the psychology of wanting to work, keep a job, and have difficulty finding a new job, in reality, there are still cases where workers over 40 years old are treated unfairly compared to younger workers by employers such as: finding ways to terminate labor contracts before the term, transferring to other jobs, paying salaries and wages not in accordance with regulations...

Lawyer Pham Dinh Duc (Dong Nai Province Lawyers Association) said: Workers over 40 years old are not considered elderly workers and are therefore not regulated by the 2019 Labor Code. This means that workers over 40 years old will not be allowed to sign multiple fixed-term labor contracts; they must accept to do heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs as assigned by the employer.

At the same time, when employees over 40 years old are hired, the employer still applies the same general labor laws as young employees. For example, the two parties can sign an indefinite-term labor contract, or sign a labor contract with a fixed term of no more than 2 times; apply the probationary regime according to Article 24 of the 2019 Labor Code; and receive severance and unemployment benefits according to the provisions of Articles 46 and 47 of the 2019 Labor Code.

According to lawyer Pham Dinh Duc, when workers over 40 years old have their labor contracts terminated, are transferred to other jobs, or are paid benefits such as salaries, bonuses, overtime, etc. that are not in accordance with regulations, they have the right to report to the Trade Union organization where they work for support, or to file a complaint with the state labor management agency, or to file a lawsuit in court.

Sharing the same opinion with lawyer Pham Dinh Duc, lawyer Nguyen Van Giap, Dong Nai Province Bar Association, added: Each employee has different strengths and weaknesses. The advantages of employees over 40 years old will compensate for the lack of experience, the ease of compromise, not accepting all circumstances and working conditions, the lack of discipline and order of young employees, or on the contrary, the ease of "job hopping", quitting jobs, and demanding of young employees will be rarely found in employees over 40 years old.

However, employees over 40 years old also need to clearly express their views when their rights are violated and need to speak up promptly when they are discriminated against between employees over 40 years old and younger employees in the application of salary regimes, policies on rest, increased working hours; unreasonable transfers to other jobs; and work assignments not in accordance with the signed labor contracts.

Doan Phu

Source: https://baodongnai.com.vn/xa-hoi/202510/nhieu-uu-diem-tu-lao-dong-lon-tuoi-e786562/