If an employee whose health has not yet recovered after taking treatment of occupational diseases returns to work, will he or she be entitled to convalescence?
- If an employee whose health has not yet recovered after taking treatment of occupational diseases returns to work, will he or she be entitled to convalescence?
- Does the convalescence period of an employee suffering from an occupational disease include public holidays and weekends?
- Are employees whose health have not yet recovered after taking treatment of occupational diseases after returning to work assigned with work suitable for their health?
If an employee whose health has not yet recovered after taking treatment of occupational diseases returns to work, will he or she be entitled to convalescence?
This content is prescribed in Article 54 of the 2015 Law on Occupational Safety and Hygiene of Vietnam as follows:
“Article 54. Convalescence and health rehabilitation after injury or disease treatment
1. An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.
If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of this Article if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.
2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:
a) Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;
b) Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;
c) Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;
3. The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of this Article shall equal 30% of the base salary.”
Thus, an employee whose health has not yet recovered after taking treatment of occupational diseases or injuries is entitled to a leave of between 5 days and 10 days.
The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer according to the above regulations.
If an employee whose health has not yet recovered after taking treatment of occupational diseases returns to work, will he or she be entitled to convalescence? (Image from the Internet)
Does the convalescence period of an employee suffering from an occupational disease include public holidays and weekends?
This content is specified in Article 9 of Decree 88/2020/ND-CP of Vietnam as follows:
“Article 9. Days of leave for convalescence and health rehabilitation after injury or disease treatment
1. The number of days of leave for convalescence and health rehabilitation after injury or disease treatment specified in Article 54 of the Law on Occupational Safety and Health includes public holidays and weekends prescribed by the labor laws.
2. If an employee does not take leave, he/she is not entitled to the benefits for convalescence and health rehabilitation after injury or disease treatment.”
Thus, the number of days of leave for convalescence and health rehabilitation after injury or disease treatment includes public holidays and weekends prescribed by the labor laws.
Are employees whose health have not yet recovered after taking treatment of occupational diseases after returning to work assigned with work suitable for their health?
According to the provisions of Clause 8 Article 38 of the 2015 Law on Occupational Safety and Hygiene of Vietnam, an employee suffering from an occupational disease and returning to work after receiving treatment will be entitled to work arrangements suitable to his/her health, as follows:
"Article 38. Responsibilities of employers to employees suffering from occupational accidents or occupational diseases
Each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:
…
8. Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
…”
And employees will be supported to change jobs for employees suffering from occupational diseases to return to work according to the provisions of Article 55 of the 2015 Law on Occupational Safety and Hygiene of Vietnam as follows:
“Article 55. Support for career change of victims when returning to work.
1. The employer shall assign new works for the victims as prescribed in Clause 8 Article 38 of this Law; the employee shall be supported tuition fees if the training courses for change in occupations are required.
2. The support does not exceed 50% of tuition fees and 15 times more than the base salary; each employee shall be entitled to up to 2 times of supports and once a year.”
LawNet
