How do Rehired Employees Enjoy Occupational Accident and Disease Policies?

FOR ENTERPRISES ENGAGED IN LABOR LEASING

Payment of Medical Expenses (From first aid, emergency to stable treatment)

- For employees participating in health insurance: Payment of the co-payment portion and costs not covered by the health insurance;

For employees not participating in health insurance: Payment of all medical expenses;- Payment for assessment fees of labor capacity reduction for cases where it concludes a labor capacity reduction of under 5% as the employer introduces the employee to the medical examination board for labor capacity reduction assessment.

Full Salary Payment During Leave Period

Employees suffering from work-related accidents (WRA) or occupational diseases (OD) that need to take time off for treatment and functional rehabilitation are still fully paid by the employer during that period.

Compensation Not Attributed to Employee’s Fault:

Decree 39 stipulates: The employer is responsible for compensating employees suffering from WRA or OD not entirely due to their fault or when the person responsible for the fault is not identified (including cases where employees suffer WRA while performing a task or following the direction of the employer outside the office, enterprise, organization, cooperative, due to someone else’s fault or unidentified fault) with the following levels:

- At least 1.5 months’ salary if suffering a labor capacity reduction from 5% - 10%; then for each additional 1%, an extra 0.4 months’ salary will be added if suffering a labor capacity reduction from 11% - 80%.- At least 30 months’ salary for employees suffering a labor capacity reduction of 81% or more, or for their relatives if the employee dies due to WRA or OD.

In cases where employees suffer WRA due to their own fault or while on commute from home to work and vice versa via reasonable route and time due to someone else’s fault or unidentified fault, they are entitled to an allowance of at least 40% of the above-mentioned regulation.

(The above-mentioned salary includes the base salary, salary allowances, and other supplements as per labor law regulations).

Arranging Suitable Work

Employees suffering from WRA or OD, after treatment and functional rehabilitation, if they continue to work, will be assigned suitable work by the employer according to their health condition.

Additional Payment of Accident Insurance Benefits

- In cases where the employer has purchased accident insurance for employees suffering from WRA at insurance service businesses, the WRA-affected employees are entitled to the payments according to the signed contract with the insurance service business.- If the payment received is less than the compensation and allowance as stipulated, the employer must pay the remaining amount so that the total amount received by the WRA-affected employees or their relatives is at least equal to the stipulated compensation and allowances.- If the employer does not pay WRA and OD insurance for employees who are subject to mandatory social insurance as per the Law on Social Insurance, besides compensating and providing allowances as mentioned above, the employer must pay an amount equal to the policies of WRA and OD insurance according to the Law on Occupational Safety and Hygiene; payment can be made once or monthly as agreed by the parties, or as requested by the employee if no agreement is reached.

FOR THE LABOR LEASING PARTY

- No discrimination against leased employees in comparison to their own employees, promptly providing first aid and emergency for affected employees;- Ensure WRA and OD insurance is paid for employees;- Equip with full, safe, and hygienic labor tools and means;- Conduct health care, and occupational disease diagnosis;- Do not force employees to continue working or return to a workplace with a high risk of work-related accidents threatening their lives or health;- Organize safety and labor hygiene training for leased employees.

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