What benefits for family members of employees entitled to when the employees pass away due to occupational accidents in Vietnam?

What benefits for family members of employees entitled to when the employees pass away due to occupational accidents in Vietnam? (Illustrative photo)

When is it determined to be a occupational accident?

A occupational accident is an accident that causes injury to any part or function of the body or results in the worker's death, which occurs during the labor process, associated with the performance of work or labor duties.

Therefore, based on the provisions of Article 45 of the Law on Occupational Safety and Hygiene 2015 and Article 43 of the Law on Social Insurance 2014, employees are entitled to occupational accident policies when the following conditions are met:

- The employee suffers a occupational accident at the workplace, including while fulfilling necessary living needs at the workplace or during working hours as permitted by the Labor Code and the internal regulations of the production or business establishment;

- The employee suffers a occupational accident outside the workplace or outside working hours when performing tasks required by the employer or by someone authorized in writing by the employer to directly manage the labor;

- On the way from the residence to the workplace or from the workplace back to the residence within a reasonable time and route.

At the same time, the employee's work capability must be reduced by 5% or more due to an accident in the aforementioned cases.

Thus, based on the above regulations, employees participating in occupational accident and occupational disease insurance (Social Insurance) who suffer an accident leading to a reduction of work capability by 5% or more in one of the aforementioned cases will be entitled to occupational accident policies. However, employees will not be entitled to occupational accident insurance policies if they suffer accidents due to any of the following three causes (according to Clause 1, Article 40 of the Law on Occupational Safety and Hygiene 2015):

- Due to personal conflicts with the person causing the accident that are not related to the performance of work or labor duties;

- Due to the employee's intentional self-destruction of health;-

Due to the use of drugs or other addictive substances contrary to the provisions of law.

What benefits for family members of employees entitled to when the employees pass away due to occupational accidents in Vietnam?

In the event that the employee dies due to a occupational accident, the relatives of the employee will be entitled to the following policies:

First: Relatives of the employee are entitled to compensation paid by the enterprise in Vietnam

According to Clauses 3 and 4 of Article 145 of the Labor Code 2012, if an employee suffers a fatal occupational accident, the company must compensate as follows:

- Compensation of at least 30 months' salary as per the labor contract if the occupational accident was not the employee's fault.- An allowance of at least 40% of 30 months' salary (12 months' salary) as per the labor contract if the occupational accident was the employee's fault.

Second: Relatives of the employee are entitled to occupational accident compensation according to the provisions of the Social Insurance Law in Vietnam

According to Article 53 of the Law on Occupational Safety and Hygiene 2015, the relatives of the employee are entitled to a one-time allowance equal to 36 times the statutory pay rate (currently the statutory pay rate is 1,490,000 VND) in the month the employee dies if under one of the following cases:

- The employee dies while working due to a occupational accident or occupational disease;- The employee dies during the first treatment period due to a occupational accident or occupational disease;- The employee dies during the treatment period of injury or disease when they have not yet been evaluated for a reduction in work capability.

Third: Relatives of the employee are entitled to a funeral allowance

According to Article 66 of the Law on Social Insurance 2014, the relatives of the employee who dies due to a occupational accident or dies during the treatment of an injury from a occupational accident will be entitled to a funeral allowance equal to 10 times the statutory pay rate (currently the statutory pay rate is 1,490,000 VND) in the month the employee dies.

Fourth: Relatives of the employee are entitled to a monthly survivor benefit in Vietnam

According to Article 68 of the Law on Social Insurance 2014, the monthly survivor benefit for each relative is 50% of the statutory pay rate. In cases where the relative has no direct caregiver, the monthly survivor benefit is 70% of the statutory pay rate. However, it should be noted that if an employee dies due to a occupational accident and meets the statutory requirements, the number of relatives entitled to the monthly survivor benefit shall not exceed four people. If two or more people die, their relatives will be entitled to compensation twice as per regulations.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE