How long is the period of convalescence and health rehabilitation in Vietnam? Proposal to change sickness benefits in Vietnam?
How long is the period of convalescence and health rehabilitation according to current regulations?
According to the provisions of Article 29 of the 2014 Law on Social Insurance in Vietnam as follows:
Convalescence and health rehabilitation after sickness
1. An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of this Law, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days in a year for convalescence and health rehabilitation.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period which lasts from the end of a year to the following year shall be counted for the previous year.
2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:
a/ 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;
b/ 7 days at most, for employees whose health has not yet recovered after undergoing an operation;
c/ 5 days, in other cases.
3. The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the statutory pay rate.
Thus, according to current regulations, the period for convalescence and health rehabilitation is from 05 days to 10 days in a year.
In addition, the number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:
- 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;
- 7 days at most, for employees whose health has not yet recovered after undergoing an operation;
- 5 days, in other cases.
How long is the period of convalescence and health rehabilitation in Vietnam? Proposal to change sickness benefits in Vietnam?
Proposal to change sickness benefits in Vietnam?
This proposal is stated in Article 50 of the Draft Law on Social Insurance (amended) on convalescence and health rehabilitation benefits after sickness as follows:
- An employee who has taken leave from work to enjoy the sickness benefit for full 30 days or more in a year, if the employee's health has not yet recovered during the first 30 days from this date, he or she is entitled to a maximum of 10 days of convalescence and health rehabilitation in a year.
(Currently, Article 29 of the 2014 Law on Social Insurance in Vietnam stipulates the period of convalescence and health rehabilitation from 05 days to 10 days in a year)
The period of convalescence and recovery is continuous, including public holidays, New Year holidays, and weekly rest days.
In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, that time off shall be counted for the previous year.
- The number of days of convalescence and health rehabilitation shall be decided by the employer and the grassroots trade union executive committee, in case the employer has no grassroots trade union, it shall be decided by the employer.
The number of days of convalescence and rehabilitation is prescribed as follows:
+ Up to 10 days for employees whose health has not yet recovered from sickness due to sickness requiring long-term treatment;
+ Up to 07 days for employees whose health has not yet recovered after being sick due to surgery;
+ Up to 5 days for other cases.
(Currently, Point c, Clause 2, Article 29 of the 2014 Law on Social Insurance in Vietnam stipulates that it is equal to 05 days)
- The level of convalescence and health rehabilitation after being sick for a day is equal to VND 540,000.
(Currently, Clause 3, Article 29 of the 2014 Law on Social Insurance in Vietnam stipulates that 30% of the statutory pay rate is 30% of the statutory pay rate for convalescence and health rehabilitation after being sick one day).
The level of convalescence and health rehabilitation after being sick for one day is adjusted on the basis of the consumer price index according to the Government's regulations.
Proposal to amend regulations on monthly survivorship allowance in Vietnam?
Relatives of the people specified in Clause 1, Article 91 of the Draft Law on Social Insurance (amended), who are entitled to a monthly survivorship allowance in Vietnam, include:
- Children under 18 years old; children aged full 18 years or older if their working capacity is reduced by 81% or more; the child is born when the father dies while the mother is pregnant;
- Husband and wife are of legal age; an underage husband or wife whose working capacity is reduced by 81% or more;
- Biological parents, biological parents-in-law, if from full 61 years old 3 months or more for male, from full 56 years old 8 months or more for female;
- Biological parents, biological parents-in-law, if under 61 years old 3 months for male, under 56 years of age 8 months for female and has reduced ability labor capacity of 81% or more.
Relatives specified at Points b, c and d, Clause 2, Article 91 of the Draft and relatives who are children aged full 18 years or older if their working capacity decreases by 81% or more does not apply to people who are receiving salary and participating in compulsory insurance; people who are enjoying their monthly pension, working capacity loss allowance, monthly allowance equal to or higher than 02 times the monthly survivorship allowance, excluding allowances prescribed by law on incentives for people with meritorious services to the revolution.
According to the above proposal, there is a change in the beneficiaries of the survivorship allowance as follows:
+ The age of relatives who are husband and wife according to the provisions of the 2019 Labor Code is full 61 years and 3 months for husband and full 56 years and 8 months for wife.
+ Remove regulations on beneficiaries being other family members whom social insurance participants are obliged to nurture in accordance with the law on marriage and family.
+ Adding and specifying the subjects that are not eligible to receive monthly allowances:
Persons who are receiving salary and participating in compulsory insurance;
Persons who are enjoying monthly pension, loss of working capacity, monthly allowance equal to or higher than 02 times the monthly survivorship allowance.
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