If employees have disease during their personal leave, are they entitled to sickness benefits in Vietnam?
Who is eligible for the coverage of the sickness benefits in Vietnam?
Pursuant to the provisions of Article 24 of the Law on Social Insurance 2014, it is stipulated as follows:
Coverage of the sickness benefits
The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.
Clause 1, Article 2 of the Law on Social Insurance 2014 stipulates as follows:
Subjects of application
1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;
c/ Cadres, civil servants and public employees;
d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;
dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
e/ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
g/ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;
h/ Salaried managers of enterprises and cooperatives;
i/ Part-time staffs in communes, wards and townships.
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Thus, based on the above regulations, subjects eligible for sickness benefits include:
- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under labor contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense workers, public security workers and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Salaried managers of enterprises and cooperatives.
If employees have disease during their personal leave, are they entitled to sickness benefits in Vietnam? (Picture from internet)
What are the conditions to enjoy the sickness benefits in Vietnam?
Pursuant to the provisions in Clause 1, Article 3 of Circular 59/2015/TT-BLDTBXH, the regulations are as follows:
Conditions to enjoy the sickness benefits
1. The employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2, Article 2 of Decree No. 115/2015/ND-CP shall enjoy the sickness benefits in the following cases:
a) The employees have disease or accident which is not work accident or treatment of injury or disease recurred due to work accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.
b) The employees must take leave to take care of their sick children under 07 years of age with certification of the competent medical facility.
c) Female employees return to their work befire the expiration of maternity leave subject to one of the case specified under Point a and b of this Clause.
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Accordingly, employees in the above cases are entitled to sickness benefits according to regulations.
If employees have disease during their personal leave, are they entitled to sickness benefits in Vietnam?
Pursuant to the provisions at Point c, Clause 2, Article 3 of Circular 59/2015/TT-BLDTBXH, the regulations are as follows:
Conditions to enjoy the sickness benefits
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2. The employees are not entitled to sickness benefits in the following cases::
a) The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor under the List issued with Decree No. 82/2013/ND-CP 19/07/ 2013 of the Government issuing the list of drug and drug precursor and Decree No. 126/2015/ND-CP dated 09/12/2015 of the Government amending and adding the list of drug and drug precursor issued with Decree No. 82/2013/ND-CP dated 19/7/2013 of the Government issuing the list of drug and drug precursor.
b) The employees take sick leave for the first treatment due to work accident or occupational disease.
c) The employees have disease or accident which is not work accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance.
Thus, based on the above regulations, employees who are sick during their personal leave time as prescribed will not be entitled to sickness benefits.
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