In case the employee continues to work after 60 years for men or 55 years for women, Toan Thinh Steel Structure Joint Stock Company (in Long An Province) agrees with employees to amend and supplement labor contracts. According to Article 5 of Circular No. 47/2015 / TT-BLĐTBXH. The Toan Thinh Steel Structure Joint Stock Company specializes in manufacturing steel structures (fixing steel bars into big components to make pre-engineered steel houses). The company has an employee over 60 years old, who will expirethe contract in January 2019, but the employee wants to continue working.

Through the receiving and responding system to recommendations of the company, Ms. Hoang Ngoc Nhu Quynh would like to ask, if her company continues to sign a labor contract, what procedures do they need redo the labor contract with an elderly nature?

Regarding this issue, Bureau of Labor Relations and Wages, Ministry of Labor, War Invalids and Social Affairs gives the following opinions:

According to Article 166 of the Labor Code, elderly employee is a person who continues to work after the age defined in Article 187 of this Code.

Clause 1, Article 167 of the Labor Code provides when necessary, an employer may reach agreement with an elderly employee who has sufficient health conditions on the extension of the labor contract or the conclusion of a new labor contract in accordance with the provisions of Chapter III of this Code..

According to Clause 2 and Clause 3, Article 5 of Circular No. 47/2015 / TT- BLDTBXH dated November 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs,The elderly employee and the employer shall agree to amend the labor contract in accordance with legislation on labor applicable to elderly employees.

3. The labor contract concluded with the elderly employee must conform to regulations in Clauses 2 and 3 of Article 166 and Clauses 2, 3 and 4 Article 167 of the Labor Code.

Based on the above provisions and compared with the content of Ms. Hoang Ngoc Nhu Quynh's question, in case the employee continues to work after 60 years of age for men or 55 years for women, the Company agrees with the person. employees to amend and supplement labor contracts as prescribed in Article 5 of Circular No. 47/2015 / TT-BLĐTBXH above.