Vietnam: Are employees entitled to sickness benefits if they have a traffic accident during their annual leave?
- Vietnam: Are employees entitled to sickness benefits if they have a traffic accident during their annual leave?
- What are the allowance levels of the sickness benefits for employees working under normal conditions in Vietnam?
- How long is the period of enjoying the sickness benefits for employees working under normal conditions in Vietnam?
Vietnam: Are employees entitled to sickness benefits if they have a traffic accident during their annual leave?
Pursuant to the provisions of Article 3 of Circular 59/2015/TT-BLDTBXH regulating conditions for enjoying sickness benefits as follows:
Conditions for enjoying 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, employees who suffer from illness or accident that is not a work accident while on annual leave are not eligible for sickness benefits.
Therefore, employees who have a traffic accident while on annual leave may not be entitled to sickness benefits according to regulations.
Vietnam: Are employees entitled to sickness benefits if they have a traffic accident during their annual leave?
What are the allowance levels of the sickness benefits for employees working under normal conditions in Vietnam?
Pursuant to Article 28 of the Law on Social Insurance 2014, regulations on sickness benefits are as follows:
Allowance levels of the sickness benefits
1. Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
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Thus, the sickness benefit for employees working under normal conditions is 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
How long is the period of enjoying the sickness benefits for employees working under normal conditions in Vietnam?
Pursuant to the provisions of Clause 1, Article 26 of the Law on Social Insurance 2014, regulations on the period of enjoying the sickness benefits are as follows:
Period of enjoying the sickness benefits
1. The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:
a/ For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;
b/ For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.
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Thus, the sickness benefit period for employees working under normal conditions is prescribed as follows:
- 30 days, if they have paid social insurance premiums for under 15 years.
- 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years.
- 60 days, if they have paid social insurance premiums for full 30 years or more.
Note: The above sickness benefit period does not apply to the following subjects:
- Employees leave work due to illness on the List of diseases requiring long-term treatment issued by the Ministry of Health (as prescribed in Clause 2, Article 26 of the Law on Social Insurance 2014)
- Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People's Public Security; People who do cipher work are paid the same as soldiers (according to the provisions of Clause 3, Article 26 of the Law on Social Insurance 2014)
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