When is the time for benefit receipt for employees with occupational accidents in Vietnam?
- Vietnam: Are employees entitled to receive occupational accident benefits if accidents are caused by unintentional faults of employees?
- What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
- When is the time for benefit receipt for employees with occupational accidents in Vietnam?
Vietnam: Are employees entitled to receive occupational accident benefits if accidents are caused by unintentional faults of employees?
According to the provisions of Article 40 of the Law on occupational safety and hygiene 2015, 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.
Thus, according to regulations, if accidents are caused by unintentional faults of employees, they are still entitled to receive occupational accident benefits but the case of deliberately ruining their own health.
When is the time for benefit receipt for employees with occupational accidents in Vietnam?
What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
Responsibilities of employers to employees suffering from occupational accidents or occupational diseases are as follows (stipulated in Article 38 of the Law on occupational safety and hygiene 2015):
- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ 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;
+ Full payment for treatment for the employee if the employee has not heath insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- 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:
+ 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% ;
+ 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;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of Article 38 of the Law on occupational safety and hygiene 2015 if the accident is entirely his/her fault;
- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
- 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;
- 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;
- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;
- 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 Article 38 of the Law on occupational safety and hygiene 2015 shall include salary, allowances and additional payments as prescribed in legislation on labor.
When is the time for benefit receipt for employees with occupational accidents in Vietnam?
Time for benefit receipt for people with occupational accidents is specified in Article 50 of the Law on occupational safety and hygiene 2015 as follows:
- Time for benefit receipt prescribed in Article 48, 49 and 52 of the 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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