In occupational accidents, employees can only change occupations while participating in occupational accident insurance in Vietnam

In occupational accidents, employees can only change occupations while participating in occupational accident insurance in Vietnam (Internet image)

Article 7 of Decree 37/2016/ND-CP stipulates that rmployees shall receive tuition support for attending training courses for change in occupations after they have had occupational accidents or suffered from occupational diseases as regulated in Article 55 of the Law on occupational safety and hygiene if all of the following conditions are satisfied:

- The level of working capacity decrease upon occupational accidents or occupational diseases is at least 31%;

- Employees need to attend training courses for holding new job positions which are appointed by employers in conformity with the health and expectations of employees.

However, Decree 88/2020/ND-CP adds additional conditions for supports for career change of victims of occupational accidents and occupational diseases when they return to work, which is that:

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.

So from September 15, 2020, in order for employees to receive supports for career change of victims of occupational accidents and occupational diseases when they return to work, they must meet the above 3 conditions.

In addition, this Decree also stipulates the level of career change support for employees after suffering from labor accidents or occupational diseases as follows:

- The maximum support amount shall not exceed 50% of tuition and 15 times the statutory pay rate.

- Each employee may get support for cost of occupational health rehabilitation up to 02 times but in 02 different years.( According to Decree 37/2016/ND-CP, the maximum number of times of support for employees in this case is not specified).

Application for supports for career change according to Decree 88/2020/ND-CP includes:

-  The written request for tuition support for attending training course for career change of employee who suffer from occupation accident or occupational disease, made by the employer according to Form No. 03 in the Appendix to Decree 88/2020/ND-CP.

- Certified copy of written record on medical assessment of decreased working capacity made by the Medical Assessment Council;(According to Decree 37/2016/ND-CP, a certified copy of written record on medical assessment of decreased working capacity is not required).

- Certified copies of documents for payment of training costs according to regulations. (According to Decree 37/2016/ND-CP, authentication of copies of payment documents is not required).

More details can be found in Decree 88/2020/ND-CP which comes into force from September 15, 2020, replace Decree 37/2016/ND-CP.

Le Hai

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