In Vietnam: Can an employee, who has an accident due to drunkenness and has to quit work before the Tet holiday, is entitled to sickness benefits?

In Vietnam: Can an employee, who has an accident due to drunkenness and has to quit work before the Tet holiday, is entitled to sickness benefits?

Pursuant to Article 25 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the sickness benefits in Vietnam as follows:

Conditions for enjoying the sickness benefits

1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.

2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

Pursuant to Article 3 of the Circular 59/2015/TT-BLĐTBXH stipulating as follows:

Conditions to enjoy the sickness benefits

1. The employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2, Article 2 of Decree No. 115/2015/ND-CP shall enjoy the sickness benefits in the following cases:

a) The employees have disease or accident which is not work accident or treatment of injury or disease recurred due to work accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.

b) The employees must take leave to take care of their sick children under 07 years of age with certification of the competent medical facility.

c) Female employees return to their work befire the expiration of maternity leave subject to one of the case specified under Point a and b of this Clause.

2. The employees are not entitled to sickness benefits in the following cases::

a) The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor under the List issued with Decree No. 82/2013/ND-CP 19/07/ 2013 of the Government issuing the list of drug and drug precursor and Decree No. 126/2015/ND-CP dated 09/12/2015 of the Government amending and adding the list of drug and drug precursor issued with Decree No. 82/2013/ND-CP dated 19/7/2013 of the Government issuing the list of drug and drug precursor.

b) The employees take sick leave for the first treatment due to work accident or occupational disease.

c) The employees have disease or accident which is not work accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance.

As regulations above, the employee, who has an accident due to drunkenness and has to quit work before the Tet holiday, is not entitled to sickness benefits.

In Vietnam: Is Tet holiday included in the period of enjoying the sickness benefits?

Pursuant to Article 26 of the Law on Social Insurance in 2014 stipulating as follows:

Period of enjoying the sickness benefits

1. The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, Tet holidays and weekends, and is specified as follows:

a/ For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;

b/ For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.

2. For employees who take leave due to diseases on the Ministry of Health-issued list of diseases requiring long-term treatment, the period of enjoying the sickness benefits is specified as follows:

a/ 180 days at most in a year, including public holidays, New Year holidays and weekends;

b/ If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.

3. The period of enjoying the sickness benefits for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.

As regulations above, Tet holiday is not included in the period of enjoying the sickness benefits.

What are regulations on allowance levels of the sickness benefits in Vietnam?

Pursuant to Article 28 of the Law on Social Insurance in 2014 stipulating regulations on allowance levels of the sickness benefits in Vietnam as follows:

- Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.

An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.

- For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:

+ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;

+ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;

+ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.

- For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.

- The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.

Best regards!