Will I be entitled to occupational accident allowance if I go to deliver documents to my company and have an accident in Vietnam?
Will I be entitled to occupational accident allowance if I go to deliver documents to my company and have an accident in Vietnam? If I have paid social insurance for enough year, can I receive occupational accident allowance in Vietnam? Will I be entitled to occupational accident allowance if I change my job and suffer an occupational accident in Vietnam?
Will I be entitled to occupational accident allowance if I go to deliver documents to my company and have an accident in Vietnam?
Please ask: I'm working in the accounting department of Lily's company. Because my boss asked me to deliver documents to the customer, on the way, I had an accident and broke my left arm. So, is my case considered an occupational accident and eligible to enjoy the occupational accident regime? I go to deliver documents during office hours of the company.
Reply:
According to Clause 8, Article 3 of the 2015 Law on Occupational Safety and Hygiene, it stipulates:
8. Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.
According to Article 45 of the 2015 Law on Occupational Safety and Hygiene, requirements for receiving occupational accident benefit are as follows:
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
1. He/she has an accident:
a) At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
c) On the route between home and work within a reasonable period of time and route;
2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;
3. The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law:
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.
Based on the above regulations in Vietnam, the case where you have an accident and break your left hand on the way to deliver the file to the client during working hours is considered a occupational accident.
And if you further meet the condition of having a working capacity decrease of 5% or more due to a broken arm, you will be entitled to the occupational accident regime in Vietnam.
If I have paid social insurance for enough year, can I receive occupational accident allowance in Vietnam?
Question: I am a worker in a sugar factory, I have only paid insurance for 6 months, then my health declines by 18% due to a occupational accident. If I have paid social insurance for less than 1 year, how do I enjoy the occupational accident allowance? I am closing at a base salary of 4.6 million.
Reply:
According to the provisions of Article 45 of the 2015 Law on Occupational Safety and Hygiene, requirements for receiving occupational accident benefit are as follows:
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
1. He/she has an accident:
a) At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
c) On the route between home and work within a reasonable period of time and route;
2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;
3. The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law
Thus, based on the above regulations in Vietnam, you have an 18% decrease in working capacity, so you are eligible for the occupational accident regime.
On the other hand, according to Clause 1, Article 48 of the 2015 Law on Occupational Safety and Hygiene, it stipulates:
1. Each employee suffering a working capacity decrease of between 5% and 30% is entitled to a lump-sum benefit.
2. Lump-sum benefit levels:
a) Each employee suffering a 5% working capacity decrease is entitled to a benefit which is five times more than the statutory pay rate, a half of the statutory pay rate shall be added to each additional 1% working capacity decrease;
b) Apart from the benefit level prescribed in Point a of this Clause, each employee is entitled to an additional benefit determined according to the payment period of the insurance premiums 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 month’s 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; if the employee suffers from the occupational accident in the first month he/she pays premium or discontinued payment of premium until returning to work, the salary of such month shall be the basis for determination of that benefit.
Current law stipulates that employees with a working capacity decrease of 5% to 30% are entitled to a lump-sum allowance. Thus, in your case, you have a labor accident and have a decrease of 18% of your working capacity, according to the regulations in Vietnam, you are entitled to a lump-sum allowance even if you have paid insurance for less than 1 year.
- Regarding the level of lump-sum occupational accident allowance:
Pursuant to the provisions of Clause 2, Article 48 of the 2015 Law on Occupational Safety and Hygiene:
Each employee suffering a 5% working capacity decrease is entitled to a benefit which is five times more than the statutory pay rate, a half of the statutory pay rate shall be added to each additional 1% working capacity decrease;
The current base salary is 1,490,000 VND.
Therefore, if you have a working capacity decrease of 18%, you should be entitled to a lump-sum allowance. Benefit level = 5 x 1,490,000 + (18 – 5) x 0.5 x 1,490,000 = VND 17,135,000.
Based on the time of premium payment: from one year or less, it is calculated as 0.5 months, then for each additional year of paying social insurance premiums, an additional 0.3 months' salary and wages for social insurance premium payment of the preceding month before taking leave for treatment in Vietnam.
Benefit level = 0.5 x 4,600,000 = VND 2,300,000.
Your lump-sum occupational accident allowance is: 17.135,000 + 2,300,000 = 19,435,000 VND.
Will I be entitled to occupational accident allowance if I change my job and suffer an occupational accident in Vietnam?
Question: If an employee has paid social insurance premiums at another company for 8 years, transferred to a new company and was notified of an increase in this August (nearly 2 months ago), the employee has a occupational accident when working on the occupational accident regime, in this case can I get money from another company? Looking forward to the answer
Reply:
Pursuant to Article 45 of the 2015 Law on Occupational Safety and Hygiene, requirements for receiving occupational accident benefit are as follows:
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
1. He/she has an accident:
a) At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
c) On the route between home and work within a reasonable period of time and route;
2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;
3. The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law.
Article 40 of the Law on Occupational Safety and Hygiene 2015 stipulates that 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.
Thus, employees participating in occupational accident insurance and meeting the above conditions are entitled to the accident insurance regime in Vietnam.
Article 43 of the 2015 Law on Occupational Safety and Hygiene stipulates that the beneficiaries of the occupational accident and occupational disease insurance regime are as follows:
1. The employees receiving the insurance benefits prescribed in this Section are employees subject to compulsory social insurance as prescribed in Point a, b, c, d, dd, e and h Clause 1 Article 2 and employers as prescribed in Clause 3 Article 2 of the Law on social insurance.
2. If an employee concludes labor contracts with multiple employers, each employer shall pay insurance premiums for the labor contract concluded with the employee who is subject to compulsory social insurance. When an employee has an occupational accident or suffers from an occupational disease, he/she shall receive the insurance benefit as prescribed by the Government.
Thus, when participating in compulsory social insurance and meeting the conditions for enjoying the occupational accident regime as mentioned above, you will be paid by the social insurance agency the amount of work accident benefit in Vietnam.
According to the information you provided, the employee has participated in social insurance at the previous company for 8 years and the employee who transferred to this company was notified of an increase in labor this August in Vietnam.
=> When the employee moves to a new company, the new company is responsible for reporting the increase in labor and at the time of signing the contract and later, the employee and the employer are responsible for paying insurance in Vietnam.
Conditions for enjoying the occupational accident regime require that the employee has participated in compulsory social insurance. So, when the employee has an occupational accident, he/she is entitled to the regime when he has joined the compulsory social insurance (after signing the contract).
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