What is the monthly allowance for workers who suffer from occupational accidents or occupational diseases in 2024 in Vietnam?

What is the monthly allowance for workers who suffer from occupational accidents or occupational diseases in 2024 in Vietnam?

Pursuant to Article 49 of the Law on Occupational Safety and Hygiene in 2015 stipulating monthly benefit 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;

b) 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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As regulations above, the monthly allowance for workers who suffer from occupational accidents or occupational diseases in 2024 in Vietnam is 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;

The amount of allowance = 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 the case of an occupational accident occurring in the first month of participation in the fund or if there was a period of interrupted participation and then returning to work, the basis for calculating this allowance is the salary for that particular month.

What is the monthly allowance for workers who suffer from occupational accidents or occupational diseases in 2024 in Vietnam? - Image from Internet

What are conditions for receipt of assistance in career change for victims of occupational accidents and diseases upon their returning to work in Vietnam?

Pursuant to Article 12 of the Decree 88/2020/ND-CP stipulating conditions for receipt of assistance in career change for victims of occupational accidents and diseases upon their returning to work in Vietnam as follows:

Conditions for receipt of assistance in career change for victims of occupational accidents and diseases upon their returning to work

An employer shall be provided with financial assistance in career change training for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

1. The employee suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

2. The employer offers the employee a new job under the management of the employer suitable for the employee’s health and expectation but the job requires vocational training before the change;

3. The employee is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

As regulations above, an employer shall be provided with financial assistance in career change training for an employee if the employee satisfies the following conditions:

- The employee suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

- The employer offers the employee a new job under the management of the employer suitable for the employee’s health and expectation but the job requires vocational training before the change;

- The employee is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

What is the amount of compensation paid by the employer for the employee suffering from occupational accident that is not entirely his/her fault in Vietnam?

Pursuant to Clause 4 Article 48 of the Law on Occupational Safety and Hygiene in 2015, 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;

Best regards!