Legal Consulting Department of Lao Dong Newspaper answers:
Current law does not define what a pension is, but through the provisions of law, it can be understood that a pension is the amount of money paid monthly to employees when they reach the age and the number of years of social insurance (SI) contributions according to the provisions of law.
According to the provisions of current social insurance laws as well as the 2024 Social Insurance Law, the fact that employees who are receiving pensions continue to participate in labor contracts and return to work is not lost or temporarily suspended from receiving monthly pensions.
Article 75 of the 2024 Law on Social Insurance clearly stipulates cases of temporary suspension and termination of enjoying monthly pensions and social insurance allowances.
Accordingly, the cases of temporary suspension of pension benefits (specified in Clause 1, Article 75 of the 2024 Law on Social Insurance) include the following cases: Illegal exit; being declared missing by the Court; When the information of the beneficiary cannot be verified according to Point c, Clause 2, Article 11 of the 2024 Law on Social Insurance (Periannually, the beneficiary of social insurance benefits through a personal account opened at a bank is responsible for coordinating with the social insurance agency or service organization authorized by the social insurance agency to verify information that meets the conditions for enjoying social insurance benefits - PV).
Regarding cases of termination of pension benefits specified in Clause 2, Article 75 of the 2024 Law on Social Insurance, including the following cases: A person currently receiving a pension dies or is declared dead by the Court; A person currently receiving a pension refuses to receive a pension or monthly social insurance allowance in writing; The conclusion of a competent authority on enjoying social insurance is not in accordance with the provisions of law.
According to Point a, Clause 7, Article 2 of the 2024 Law on Social Insurance, cases not subject to compulsory social insurance include: People who are receiving pensions, social insurance allowances, monthly allowances.
In addition, Clause 3, Article 168 of the 2019 Labor Code stipulates: For employees who are not subject to compulsory social insurance, health insurance (BHYT), unemployment insurance (BHTN), employers are responsible for paying an additional amount at the same time as the payout period to employees equivalent to the level that employers pay compulsory social insurance, health insurance, unemployment insurance to employees according to the provisions of law on social insurance, health insurance, unemployment insurance.
In comparison with the above regulations, the fact that people who are receiving pensions continue to sign labor contracts to go to work does not fall into any cases of being suspended or terminated from receiving monthly pensions and are still receiving full pensions.
At the same time, when concluding a new labor contract, employees both receive the agreed salary and receive an additional amount equivalent to the social insurance, health insurance, and unemployment insurance contributions that the employer is responsible for contributing, combined into the monthly salary payment period.
