Occupational accidents are a social insurance benefits that participants in social insurance will be entitled if all conditions are met. However, if the employee falls into the following categories, they will not be entitled to the occupational accident benefits in Vietnam.
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Cases employees ineligible for occupational accident benefits in Vietnam (Source: internet)
According to the regulations of Clause 1, Article 40, Clause 3, Article 45 of Vietnam's Law on occupational safety and hygiene 2015, an employee shall not receive occupational accident benefits from employers or Vietnam Occupational accident and disease insurance fund if the accident is caused by one of the following reasons:
- Conflict between the employee and the person causing the accident not relating their works or tasks;
- The employee deliberately ruins their own health;
- The employee uses drugs or other narcotic substances against of law.
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An employee buying the insurance shall receive occupational accident insurance benefit in Vietnam if the following requirements are satisfied: - He/she has an accident: + At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in Vietnam Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene; + Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer; + On the route between home and work within a reasonable period of time and route; + He/she suffers a working capacity decrease of at least 5% caused by an accident; - The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons above |
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