To increase levels of compensation in kind for employees working in dangerous and hazardous conditions in Vietnam

To increase levels of compensation in kind for employees working in dangerous and hazardous conditions in Vietnam (Internet image)

The Minister of Labor, War Invalids and Social Affairs of Vietnam promulgates Circular 24/2022/TT-BLDTBXH dated November 30, 2022 providing for in-kind compensation for employees in conditions with dangerous and harmful factors. Whereby:

1. Increase the level of compensation in kind for employees working in dangerous and toxic conditions in Vietnam

According to Article 4 of Circular 24/2022/TT-BLDTBXH, compensation in kind is calculated on a daily basis and has monetary value according to the following levels of compensation:

- Level 1: 13,000 VND;

- Level 2: 20,000 VND;

- Level 3: 26,000 VND;

- Level 4: 32,000 VND.

(Currently, Circular 25/2013/TT-BLDTBXH stipulates the level of compensation in kind as follows:

- Level 1: 10,000 VND;

- Level 2: 15,000 VND;

- Level 3: 20,000 VND;

- Level 4: 25,000 VND.)

Note:

For employees who fully meet the conditions as prescribed in Article 3 of Circular 24/2022/TT-BLDTBXH, the specific allowances for each profession and job are specified in Appendix I to this Circular and is applied according to the corresponding working time as follows:

- They are also entitled to compensation if they work 50% or more of the normal working time of the working day.

- They will be entitled to half of the allowance if they work less than 50% of the normal working time of the working day.

- In case the employee works overtime, the allowance in kind will be increased in proportion to the number of overtime hours according to the above principle.

2. Conditions for receiving compensation in kind in Vietnam

Article 4 of Circular 24/2022/TT-BLDTBXH stipulates that employees are entitled to compensation in kind when fully meeting the following two conditions:

- Performing occupations and jobs on the Minister of Labor, War Invalids, and Social Affairs' list of particularly heavy, hazardous, and dangerous occupations and jobs, as well as heavy, toxic, and dangerous occupations and jobs.

- Working in a working environment with at least one of the following two factors:

+ There is at least one of the dangerous or harmful factors that does not meet the permissible standards and regulations on hygiene as prescribed by the Ministry of Health.

+ Being exposed to at least 01 factor with a score of 4 or more in the group of criteria "Exposure to sources of infectious disease according to the Law on Prevention and Control of Infectious Diseases" (No. 10.1 Section A, Appendix I issued together with Circular 29/2021/TT-BLDTBXH).

The factors specified in Clause 2 and Article 4 of Circular 24/2022/TT-BLDTBXH must be determined by an organization that is legally qualified to conduct working environment monitoring activities.

3. Principles of organizing training in kind in Vietnam

Principles of organizing training in kind are specified in Article 5 of Circular 24/2022/TT-BLDTBXH, according to which:

- The organization of training in kind must be done in shifts, working days, ensuring convenience, safety and food hygiene.

In case employees do mobile jobs, scattered, few people, or other jobs with unstable labor organization but cannot organize on-the-spot concentrated training, the employer must provide in-kind for employees so that employees are responsible for self-improvement according to regulations.

In this case, the employer must create a list of allocations that must be signed and received by the employees, as well as regularly inspect the implementation of employee training.

- Not paid in cash or salary (including salary unit price) in lieu of compensation in kind.

- Encourage employers to consider and decide on the implementation of compensation in kind at the level of 1 (13,000 VND) for employees who do not do occupations and jobs on the list of occupations and jobs that are particularly arduous, hazardous, or dangerous as prescribed by the Minister of Labor - Invalids and Social Affairs but are working in working conditions with at least one of the dangerous and harmful factors as prescribed in Clause 2, Article 3 of Circular 24/2022/TT-BLDTBXH.

- Expenses for fostering in kind shall be accounted into regular operating expenses and production and business expenses in accordance with law.

Circular 24/2022/TT-BLDTBXH takes effect from March 1, 2023 and replaces Circular 25/2013/TT-BLDTBXH.

Nhu Mai

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