Vietnam: Occupational accident and disease insurance benefits for employees signing contracts with multiple employers

Specifically, according to Article 4 of Decree No. 88/2020/ND-CP of Vietnam’s Government, occupational accident and disease insurance benefits for employees signing contracts with multiple employers are specified as follows:

1. If employer who signs an employment contract with multiple employers as prescribed in Clause 2 Article 43 of the Law on Occupational Safety and Health 2015 of Vietnam and is a victim of an occupational accident or occupational disease, he/she will be provided with the following benefits by the Insurance Fund:

- The benefits for the employees participating in compulsory insurance, including: Costs of assessing his/her occupational injury or disease; monthly or lump sum benefits; attendance benefits; assistance in living aids or orthopedic devices; convalescence and health rehabilitation benefits; insurance benefits in connection with his/her death due to the occupational accident; payment of health insurance premiums for the employee who takes leave and receives monthly occupational accident or occupational disease benefits;

- Assistance in career change; occupational examination and treatment; occupational rehabilitation; provision of occupational safety and health training as specified in this Decree.

2. The salary as the basis for calculation of monthly or lump sum occupational accident or occupational disease benefits is the sum of the salaries as basis for payment of insurance premiums to the Insurance Fund of all employment contracts in the month preceding the month of the last occupational accident or occupational disease but not exceeding 20 times the statutory pay rate.

3. Applications, conditions and procedures for receiving occupational accident and disease insurance benefits for employees signing contracts with multiple employers are as follows:

- Applications, conditions and procedures for receiving the benefits for the employees participating in compulsory insurance are specified in the Law on Occupational Safety and Health 2015;

- Conditions, applications and procedures for receiving the benefits for assistance in career change; occupational examination and treatment; occupational rehabilitation; provision of occupational safety and health training are specified in Chapter III hereof.

4. The Ministry of Labor, War Invalids and Social Affairs shall provide specific guidelines for the method of calculating occupational accident or occupational disease benefits upon the first assessment, re-assessment and general assessment of the injury or disease caused by an occupational accident or occupational disease to an employee signing employments contract with multiple employers.

More details can be found in Decree No. 88/2020/ND-CP of Vietnam’s Government, which takes effect from September 15, 2020.

Ty Na

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