Do employees, who are absent from work during the treatment and health rehabilitation period due to occupational accident in Vietnam, receive full salary?

What are cases in which occupational accident benefit are rejected by employers in Vietnam?

Pursuant to Article 40 of the Law on occupational safety and hygiene in 2015 stipulating cases in which occupational accident benefit are rejected by employers:

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.

As regulated above, 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.

Do employees, who are absent from work during the treatment and health rehabilitation period due to occupational accident in Vietnam, receive full salary? - image from internet

What are obligations of employers in terms of occupational safety and hygiene in Vietnam?

Pursuant to Clause 2 Article 7 of the Law on occupational safety and hygiene in 2015, every employer has the following obligations:

- Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;

- Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;

- Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;

- Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;

- Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;

- Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.

- Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.

Do employees, who are absent from work during the treatment and health rehabilitation period due to occupational accident in Vietnam, receive full salary?

Pursuant to Article 38 of the Law on occupational safety and hygiene in 2015 stipulating responsibilities of employers to employees suffering from occupational accidents or occupational diseases:

Responsibilities of employers to employees suffering from occupational accidents or occupational diseases

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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;

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As regulated above, employees, who are absent from work during the treatment and health rehabilitation period due to occupational accident in Vietnam, are eligible to receive full salary.