Rights and obligations of employees and employers in terms of occupational safety and hygiene in Vietnam

Rights and obligations of employees and employers in terms of occupational safety and hygiene in Vietnam (Internet image)

1. What is occupational safety and hygiene?

- Occupational safety means preventive measures for dangerous factors to avoid injuries or deaths to employees during the course of work.

- Occupational hygiene means preventive measures for harmful factors that cause diseases or health declining of employees during the course of work.

(Article 3 of the Law on occupational safety and hygiene 2015)

2. Rights and obligations of employees in terms of occupational safety and hygiene in Vietnam

Rights and obligations of employees in terms of occupational safety and hygiene are prescribed in Article 6 of the Law on occupational safety and hygiene 2015 as follows:

(1) Employee with labor contracts

- Every employee with labor contracts has rights to:

+ Obtain assurance of equal, safe and hygienic working conditions; request his/her employer to ensure safe and hygienic working conditions during the course of work at the workplace;

+ Receive adequate information about dangerous or harmful factors at workplace and prevention measures; receive training in occupational safety and hygiene;

+ Receive benefits in terms of personal protective equipment, healthcare, occupational disease check-ups; have premiums of insurance against occupational accidents and occupational diseases (hereinafter referred to as the insurance) paid by his/her employer; receive the insurance benefits for victims;

Receive payment for assessment fees for injuries or diseases caused by occupational accidents and occupational diseases; proactively take medical assessment of decreased work capacity and receive payment for assessment fees in case the employee is entitled to an increase in benefit occupational accident benefit and occupational disease benefit according to the assessment results;

+ Request his/her the employer to assign him/her appropriate works when their health condition becomes stable after treatment;

+ Refuse works or quit the workplace but still receive full salary without consideration as violations against labor discipline if he/she clearly recognize the hazards of occupational accidents that seriously threaten their life and heath, provided that he/she immediately informs their senior manager; and keep working when the senior manager and the person in charge of occupational safety and hygiene coped with the hazards;

+ Make complaints, denunciation or take legal proceedings as prescribed.

- Every employee with labor contracts has obligations to:

+ Conform to internal regulations, process and measures for occupational safety and hygiene at the workplace; stick to agreements on occupational safety and hygiene in his/her labor contract or collective bargaining agreement;

+ Use and preserve his/her personal protective equipment; occupational safety and hygiene equipment at the workplace;

+ Report hazards of safety threat, occupational accidents and occupational diseases; proactively give emergency aid, cope with breakdowns, or occupational accidents according to the plan for responses to breakdowns and emergency rescue or emergency respond or under orders from the employer or a competent agency.

(2) Employee without labor contracts

- Every employee without labor contracts has the rights to:

+ Have safe and hygienic working conditions; be enabled by the State, society, and families to safe and hygienic working conditions;

+ Receive information and education in occupational safety and hygiene; receive training in occupational safety and hygiene when he/she does work having strict safety and hygiene requirements;

+ Purchase and claim on voluntary insurance for occupational accidents prescribed by the Government.

According to socio-economic development condition, government budget in each period, the Government shall provide guidance on support for voluntary insurance for occupational accidents;

+ Make complaints, denunciation or take legal proceedings as prescribed.

- Every employee without labor contracts has obligations to:

+ Take responsibility for occupational safety and hygiene of their works as prescribed.

+ Ensure occupational safety and hygiene for relevant persons during the course of work;

+ Inform local governments about actions threatening occupational safety and hygiene in order for they to take actions against such violations.

3. Rights and obligations of employers in terms of occupational safety and hygiene in Vietnam

Rights and obligations of employers in terms of occupational safety and hygiene in Vietnam are specified in Article 7 of the Law on occupational safety and hygiene 2015 as follows:

- Every employer has the right to:

+ Request employees to conform to internal regulations, process and measures for occupational safety and hygiene at the workplace;

+ Commend employees for good observance of labor discipline and take disciplinary actions against employees committing violations against occupational safety and hygiene.

+ Make complaints, denunciation or take legal proceedings as prescribed;

+ Mobilize employees in emergency rescue and responses to breakdowns or occupational accidents.

- Every employer has the following obligations:

+ Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;

+ Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;

+ Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;

+ Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;

+ Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;

+ Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.

+ Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.

Diem My

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