Are employees working in hazardous and toxic conditions in Vietnam entitled to receive in-kind allowance up to 32,000 VND/day?
Are employees working in hazardous and toxic conditions in Vietnam entitled to receive in-kind allowance up to 32,000 VND/day?
Based on Clause 1, Article 4 of Circular 24/2022/TT-BLDTBXH, the levels of in-kind allowance for employees in hazardous and toxic environments as follows:
In-Kind Allowance Levels
1. In-kind allowance is calculated on a daily basis and is evaluated in monetary terms according to the following levels:
a) Level 1: 13,000 VND;
b) Level 2: 20,000 VND;
c) Level 3: 26,000 VND;
d) Level 4: 32,000 VND.
The in-kind allowance for employees in hazardous and toxic environments is calculated daily and valued in monetary terms up to a maximum of 32,000 VND.
Are employees working in hazardous and toxic conditions in Vietnam entitled to receive in-kind allowance up to 32,000 VND/day? (Image from the Internet)
What are specific allowance levels for each occupation and job in hazardous and toxic environments in Vietnam?
According to Clause 2, Article 4 of Circular 24/2022/TT-BLDTBXH:
In-Kind allowance Levels
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2. For employees meeting the conditions stipulated in Article 3 of this Circular, the specific allowance levels for each occupation and job are specified in Appendix I issued with this Circular and applied according to corresponding working hours as follows:
a) If working 50% or more of the normal working hours of the day, the employee is entitled to the full allowance level;
b) If working less than 50% of the normal working hours of the day, the employee is entitled to half the allowance level;
c) In the case of overtime work, the in-kind allowance is increased proportionally to the overtime hours according to the above principle.
The specific allowance levels for each occupation and job in hazardous and toxic environments are based on working hours as follows:
- If working 50% or more of the normal working hours of the day, the employee is entitled to the full allowance level;
- If working less than 50% of the normal working hours of the day, the employee is entitled to half the allowance level;
- In the case of overtime work, the in-kind allowance is increased proportionally to the overtime hours according to the above principle.
Based on Appendix I issued with Circular 24/2022/TT-BLDTBXH, the table for determining in-kind allowance levels according to the characteristics of the working conditions is as follows:
Download the table for determining in-kind allowance levels according to the working conditions' characteristics: Here.
What are conditions for employees in hazardous and toxic environments to receive in-kind allowance in Vietnam?
Under Article 3 of Circular 24/2022/TT-BLDTBXH, the conditions for employees in hazardous and toxic environments to receive in-kind allowance are specified as follows:
- Engaging in occupations or jobs listed in the category of especially heavy, toxic, or dangerous and heavy, toxic, dangerous work issued by the Minister of Labor, Invalids and Social Affairs.
- Working in an environment with at least one of the following two factors:
+ At least one hazardous or harmful factor exceeding hygiene standards or regulations as defined by the Ministry of Health.
+ Exposure to at least one factor rated at 4 points or higher in the group of criteria “Exposure to infectious disease sources according to the Law on Prevention and Control of Infectious Diseases” (ordinal number 10.1, Section A, Appendix I issued with Circular 29/2021/TT-BLDTBXH, which defines labor classification standards according to working conditions).
What are employers' responsibilities towards employees in hazardous and toxic environments in Vietnam?
Based on Article 6 of Circular 24/2022/TT-BLDTBXH, employers' responsibilities towards employees in hazardous and toxic environments are outlined as follows:
- Must implement technical measures and increase safety and labor hygiene equipment to improve working conditions; if unable to completely eliminate hazardous and harmful factors, employers must organize in-kind allowance to prevent diseases and ensure employees' health.
- Based on the evaluation results of conditions per Article 3 of Circular 24/2022/TT-BLDTBXH to determine corresponding in-kind allowance levels for each specific occupation and job.
- For occupations and jobs with complex working conditions that cannot immediately determine in-kind allowance levels according to Appendix I issued with Circular 24/2022/TT-BLDTBXH, employers must compile a list of job titles and occupations that require in-kind allowance and submit to relevant ministries, central authorities, or provincial and city People's Committees for consolidation and recommendations to the Ministry of Labor, Invalids and Social Affairs for review and decision on allowance levels.
- When implementing measures to improve working conditions or when working conditions change, allowance levels must be adjusted based on new working condition results per Articles 3 and 4 of Circular 24/2022/TT-BLDTBXH. Regularly promote the purpose and meaning of in-kind allowance policies and disseminate the contents of this Circular to employees.
- Direct occupational health departments or consult nutrition experts to develop a suitable in-kind allowance structure that enhances detoxification and immunity according to allowance levels, suitable for each job position, and the health conditions of employees.
- Ensure serious organization of in-kind allowance, guaranteeing full and accurate policy compliance as stipulated in this Circular.
Circular 24/2022/TT-BLDTBXH comes into effect on March 1, 2023.
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