Employee Dies Due to Occupational Disease: How Much Financial Support Will Be Provided by the Trade Union? Who Will Receive the Support?
How much does the union support when the employee dies due to an occupational disease?
Based on point 2.3, clause 2, Article 4 of the Regulations on standards and spending norms in union agencies issued together with Decision 4291/QD-TLD of 2022 on visiting and social activity allowances as follows:
Direct expenditure on taking care of, protecting, and training union members and employees
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2. Visiting and allowances
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2.3. Social activity expenditure
a) Visiting and encouraging union members, workers, public employees, and laborers facing difficulties due to occupational accidents, occupational diseases, natural disasters, epidemics, severe illnesses, visiting war invalids, victims affected by Agent Orange on War Invalids and Martyrs Day, as follows:
- The General Confederation; provincial and city-level labor unions and their equivalents: up to 1,000,000 VND/person/visit.
- Superior unions directly under the grassroots: up to 500,000 VND/person/visit.
The number of people visited and the visit expenditure level shall be decided by the head of the estimating unit.
b) For union members and laborers at agencies, units, enterprises paying union fees who die due to occupational accidents, occupational diseases, natural disasters, epidemics, severe illnesses, their relatives shall be supported with a maximum of 3,000,000 VND/person.
c) Leaders of various union levels visiting and encouraging military units, workers, public employees, laborers at the border, islands, visiting war invalid camps, orphanages, etc., the expenditure level shall be considered and decided by the head of the estimating unit.
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Laborers at agencies, units, enterprises paying union fees who die due to occupational diseases shall have their relatives supported with a maximum of 3,000,000 VND/person.
How much does the union support when the employee dies due to an occupational disease? Who will receive the support?
What is the procedure for supporting occupational disease examination expenses?
According to Article 19 of Decree 88/2020/ND-CP, the procedure is as follows:
Procedure for resolving support for occupational disease examination expenses
1. For cases meeting the conditions specified in Article 16 of this Decree, employers shall submit one set of dossiers as prescribed in Article 18 of this Decree to the Department of Labor, Invalids, and Social Affairs.
2. Within 05 working days from the date of receipt of a valid dossier, the Department of Labor, Invalids, and Social Affairs shall appraise the dossier, decide on the support according to Form 06 in the Annex of this Decree, and send the decision (together with the list of supported individuals) to the social insurance agency. In case of non-support, a written response shall be given to the employer or the submitting employee, stating the reasons.
3. Within 05 working days from the receipt of the support decision from the Department of Labor, Invalids, and Social Affairs, the social insurance agency shall be responsible for disbursing the support expenses for occupational disease examination to the employer or employee according to the support decision. In case of non-payment, a written response shall be given to the Department of Labor, Invalids, and Social Affairs, stating the reasons.
Thus, the procedure for supporting occupational disease examination expenses is carried out as prescribed above.
Furthermore, the dossier requesting support for occupational disease examination expenses includes the following documents:
- A written request for support for occupational disease examination expenses according to Form 05 in the Annex of this Decree.
- Certified copies of the occupational disease medical records from the occupational disease examination and treatment facility.
- Certified copies of payment vouchers for the occupational disease examination expenses as prescribed.
What are the policies for convalescence and health recovery after treatment for illnesses?
Based on Article 54 of the Law on Occupational Safety and Health 2015, the provisions are as follows:
Convalescence and health recovery after treatment for injuries and illnesses
1. Employees, after completing treatment for injuries caused by occupational accidents or illnesses due to occupational diseases, whose health has not recovered within the first 30 days of returning to work, shall be entitled to convalescence and health recovery from 05 to 10 days per episode of occupational accident or occupational disease.
In case the medical assessment conclusion of the labor capacity reduction by the Medical Assessment Council is not received within the first 30 days of returning to work, the employee shall still be entitled to convalescence and health recovery policy after treatment for injuries, illnesses according to clause 2 of this Article, if the Medical Assessment Council concludes that the labor capacity reduction qualifies for the occupational accident, occupational disease insurance policy.
2. The number of days for convalescence and health recovery as prescribed in clause 1 of this Article shall be decided by the employer and the grassroots union executive committee; in case the employer unit has not established a grassroots union, the employer shall decide. The time for convalescence and health recovery is specified as follows:
a) Up to 10 days for cases of occupational accident or occupational disease with a labor capacity reduction rate of 51% or more;
b) Up to 07 days for cases of occupational accident or occupational disease with a labor capacity reduction rate of 31% to 50%;
c) Up to 05 days for cases of occupational accident or occupational disease with a labor capacity reduction rate of 15% to 30%.
3. Employees as specified in clause 1 of this Article shall be entitled to 01 day's pay at 30% of the statutory pay rate.
Thus, the convalescence and health recovery policies after treatment for illnesses are implemented according to the above regulations.
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