Do people who work after retirement get severance pay?

With the experience accumulated after many years in the job, many retirees still choose to work and contribute. So, are benefits for these people different from others in their working age?

1. Some notes when using workers who are old enough to retire

According to Article 166 of the Labor Code No. 10/2012 / QH13, an employee who has reached the retirement age is also called an elderly employee. Because these are people who continue to work after 60 years of age for men and 55 years of age for women.

When the elderly employee has good health, and the employer needs to use them, these two parties can negotiate with each other to extend the term of the labor contract or sign a new one.

During this period, the elderly employee may be shortened daily working hours (or applied to the part-time working type) and provided health care in the workplace.

In particular, employers are not allowed to assign and arrange elderly employees to do heavy, toxic, and dangerous jobs that adversely affect health in any case.

2. Do people who work after retirement get severance pay?

Clause 2, Article 167 of the 2012 Labor Code, states that retired employees are entitled to benefits under the retirement regime and under the agreement of the new employment contract.
Under the current Labor Code and the guiding documents on the payment of severance pay, there is no distinction between retired and non-retired employees.

Therefore, if the employee is old enough to retire, be on a pension, and work for the employer from 12 months or more under the labor contract, when the labor contract terminates properly (comply with advance notice period and reason for leaving the job – if any) will receive severance allowance.

Each year they work, they receive half a month’s salary. Specifically:

– The working time used to calculate severance pay is the total time the employees have worked minus the time they have participated in unemployment insurance and the time they have been paid severance pay.
– The salary used to calculate severance pay is the average salary in the employment contract of the preceding six months before the employees resign.