What are the cases in which occupational accident benefit are rejected by employers in Vietnam?
- What are the cases in which occupational accident benefit are rejected by employers in Vietnam?
- What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
- What are the rules for provision of benefit for victims covered by Insurance fund for occupational accidents and occupational diseases in Vietnam?
What are the cases in which occupational accident benefit are rejected by employers in Vietnam?
Pursuant to Article 40 of the Law on Occupational Safety and Hygiene 2015, cases in which occupational accident benefit are rejected by employers are as follows:
Cases in which occupational accident benefit are rejected by employers
1. An employee shall not receive occupational accident benefits prescribed in Article 38 and Article 39 of this Law from the employer if the accident is caused by one of the following reasons:
a) Conflict between the employee and the person causing the accident not relating their works or tasks;
d) The employee deliberately ruins their own health;
c) The employee uses drugs or other narcotic substances against of law.
2. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on this Article.
An employee shall not receive occupational accident benefits from the employer if the accident is caused by one of the following reasons:
- Conflict between the employee and the person causing the accident not relating their works or tasks;
- The employee deliberately ruins their own health;
- The employee uses drugs or other narcotic substances against of law.
What are the cases in which occupational accident benefit are rejected by employers in Vietnam? (Image from the Internet)
What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
Pursuant to Article 38 of the Law on Occupational Safety and Hygiene 2015:
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:
1. Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
2. Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
a) Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
b) Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
c) Full payment for treatment for the employee if the employee has not heath insurance;
3. Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
4. The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
a) At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
b) At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
5. Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;
6. Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
7. Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;
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;
9. File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;
10. The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of this Article shall include salary, allowances and additional payments as prescribed in legislation on labor.
11. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clauses 3, 4, and 5 of this Article.
Thus, employers shall take following responsibilities to employees suffering from occupational accidents or occupational diseases.
What are the rules for provision of benefit for victims covered by Insurance fund for occupational accidents and occupational diseases in Vietnam?
Pursuant to Article 41 of the Law on Occupational Safety and Hygiene 2015, rules for provision of benefit for victims covered by Insurance fund for occupational accidents and occupational diseases are as follows:
- Insurance fund is a sub-fund of the Social insurance fund; insurance premiums and payout, management and use of this Fund shall comply with the Law on Occupational Safety and Hygiene 2015 and Law on social insurance.
- Insurance premium rates shall be determined according to monthly salary of each employee and paid by their employer.
- Benefit level for a victim shall be determined according to his/her decreased work capacity, premium rate and payment period to the Insurance fund.
- The insurance must be purchased and used simply, conveniently, promptly with full rights and interests for the insured.
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