To increase the attendance benefit for employees suffering a working capacity decrease in Vietnam from July 1, 2023?
To increase the attendance benefit for employees suffering a working capacity decrease in Vietnam from July 1, 2023?
According to the provisions of Article 52 of the Law on Occupational Safety and Hygiene 2015 on benefits for employees suffering a working capacity decrease as follows:
Attendance benefit
If an employee suffering a working capacity decrease of 81% or more, such as rachioplegia, total blindness, paraplegia, amputation of two legs or a mental disease, he/she is entitled to not only the benefit specified in Article 49 of this Law but also a monthly attendance benefit equivalent to the statutory pay rate.
Accordingly, the attendance benefit for employees suffering a working capacity decrease is equivalent to the statutory pay rate.
In addition, according to Clause 1, Article 3, Resolution 69/2022/QH15 regarding implementation of salary policies as follows:
Regarding implementation of salary policies
1. General reform of salary policies according to Resolution No. 27-NQ/TW dated May 21, 2018 of the 7th Meeting of the 12th Central Executive Committee is not yet implemented in 2023. From July 1, 2023, raise statutory pay rate of officials, public officials, and public employees to 1,8 million VND/month; increase pension and social insurance allowance by 12,5% for beneficiaries of state budget allowance and provide additional support for persons retiring before 1995 with low benefit level; increase standard allowance level for persons with meritorious services no lower than the poor household standard in urban areas and increase expenditure on social security policies associated with statutory pay rate by 20,8%. From January 1, 2023, raise professional allowance of preventive and center-based healthcare workers according to Conclusion No. 25-KL/TW dated December 30, 2021 of the Politburo.
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The statutory pay rate increases from 1,490,000 VND/month to 1,800,000 VND/month from July 1, 2023.
Accordingly, the subsidy level for employees suffering a working capacity decrease of 81% or more such as rachioplegia, total blindness, paraplegia, amputation of two legs or a mental disease from July 1, 2023 will is 1,800,000 VND/month.
To increase the attendance benefit for employees suffering a working capacity decrease in Vietnam from July 1, 2023?
How much is the monthly benefit for employees suffering a working capacity decrease in Vietnam?
Article 49 of the Law on Occupational Safety and Hygiene 2015 stipulates the monthly benefit for employees suffering a working capacity decrease as follows:
Monthly benefit
1. Each employee suffering a working capacity decrease of at least 31% is entitled to a monthly benefit.
2. Monthly benefit levels:
a) Each employee suffering a 31% working capacity decrease is entitled to benefit equivalent to 30% of the statutory pay rate, 2% of the statutory pay rate shall be added to each additional 1% working capacity decrease;
Apart from the benefit levels prescribed in Point a of this Clause, each employee is entitled to receive a monthly additional benefit determined according to the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.
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Accordingly, only employee suffering a 31% working capacity decrease is entitled to benefit and the level is calculated as follows:
- Each employee suffering a 31% working capacity decrease is entitled to benefit equivalent to 30% of the statutory pay rate, 2% of the statutory pay rate shall be added to each additional 1% working capacity decrease, calculated according to the following formula:
Benefit level = Statutory pay rate x 30% + [(Working capacity decrease - 31%) x 2% x Statutory pay rate]
- Each employee is entitled to receive a monthly additional benefit determined according to the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment;
- In case employees have a work accident in the first month of participating in the fund or have an intermittent period of participation and then return to work, the salary used as the basis for calculating this benefit is the salary of that month.
How to calculate the time for benefit receipt in Vietnam?
Article 50 of the Law on Occupational Safety and Hygiene 2015 stipulates the time for benefit receipt as follows:
- Time for benefit receipt prescribed in Article 48, 49 and 52 of Law on Occupational Safety and Hygiene 2015 shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient; with regard to thorough assessment of decreased work capacity prescribed in Clause 2 Article 47 of Law on Occupational Safety and Hygiene 2015, the time for benefit receipt shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital regarding the last occupational accident or occupational disease or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient.
If it fails to determine the time for which the employee’s health become stable or he/she is discharged from the hospital, the time for benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council; if the employee is infected with HIV/AIDS due to occupational accidents, the time for benefit receipt shall be determined from the month in which the employee receive a Certificate of HIV/AIDS infection due to occupational accidents.
- If the employee undergoes medical assessment of decreased work capacity prescribed in Point b Clause 1 and Clause 2 Article 47 of Law on Occupational Safety and Hygiene 2015, the time for new benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council.
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