Currently, many people after retirement still continue to work to increase their income, while promoting their experience and expertise.
Therefore, an issue that many people are concerned about is whether people who are receiving pensions when signing new labor contracts must continue to pay social insurance or not?
Answering this information, Vietnam Social Security (BHXH) said that this is clearly stipulated in the 2024 Social Insurance Law (effective from July 1, 2025) and the 2019 Labor Code.
According to the provisions of point a, clause 7, Article 2 of the 2024 Law on Social Insurance, people currently receiving pensions are not subject to compulsory social insurance participation.
Thus, when a person has retired and is receiving a monthly pension and signs a new labor contract, both the employee and the employer are not required to pay compulsory social insurance contributions (including pensions, death benefits, sickness, maternity, occupational accidents, occupational diseases) for this additional working period.
However, Vietnam Social Security said that although they do not have to pay social insurance, employees who are receiving pensions are still guaranteed financial benefits for these insurance premiums by law.
Clause 3, Article 168 of the 2019 Labor Code, for employees who are not subject to compulsory social insurance, health insurance, and unemployment insurance, employers are responsible for paying an additional amount equivalent to the level of social insurance, health insurance, and unemployment insurance contributions at the same time as the payout period as prescribed.
This means that, instead of having to deduct and deposit into the social insurance, health insurance, and unemployment insurance funds, employees will directly receive the corresponding amount of money into their monthly income, helping to increase income.
In addition, elderly workers who are receiving pensions when continuing to work also simultaneously enjoy many benefits such as:
Receiving monthly pensions according to the pension regime; being fully paid salary, allowances and benefits according to the new labor contract; continuing to use health insurance cards issued by the social insurance agency, without having to pay additional fees at the new workplace.
At the same time, employees can negotiate with employers about shortening working hours or working part-time in accordance with their health.
The law also stipulates that employers are not allowed to arrange for elderly workers to do heavy, hazardous, dangerous jobs or have factors that adversely affect their health, unless they ensure sufficient safe working conditions as prescribed.
