What are the allowance levels of the sickness benefits for employees working under normal conditions in Vietnam?
- What are the allowance levels of the sickness benefits for employees working under normal conditions in Vietnam?
- What are the conditions for enjoying the sickness benefits in Vietnam?
- What is the leave period for convalescence and health rehabilitation for employee who has taken leave under the sickness benefits in Vietnam?
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, it is stipulated 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.
2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;
b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;
c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.
3. For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.
4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.
Thus, when employees working under normal conditions 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.
What are the allowance levels of the sickness benefits for employees working under normal conditions in Vietnam?
What are the conditions for enjoying the sickness benefits in Vietnam?
Pursuant to Article 25 of the Law on Social Insurance 2014, it is stipulated as follows:
Conditions for enjoying the sickness benefits
1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.
2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
According to the above regulations, employees will be entitled to sickness benefits due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations. Employees will also be entitled to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
What is the leave period for convalescence and health rehabilitation for employee who has taken leave under the sickness benefits in Vietnam?
Pursuant to Article 29 of the Law on Social Insurance 2014, it is stipulated 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.
According to the above regulations, an employee who has taken leave under the sickness benefits, 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.
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