Classification of labor according to working conditions in Vietnam

Classification of labor according to working conditions in Vietnam​ (Image from the Internet)

1. Classification of labor according to working conditions in Vietnam

According to Article 3 of Circular 29/2021/TT-BLDTBXH, the classification of labor based on working conditions is as follows:

- Types of Working Conditions

+ Occupations and jobs that are especially laborious, hazardous, and dangerous are classified as working conditions type V, VI.

+ Occupations and jobs that are laborious, hazardous, and dangerous are classified as working conditions type IV.

+ Occupations and jobs that are not laborious, hazardous, or dangerous are classified as working conditions type I, II, III.

- Principles for Classification of Labor by Working Conditions

The classification of labor by working conditions must be based on the evaluation results of determining the working conditions according to the methods specified in Circular 29/2021/TT-BLDTBXH.

2. Purposes of classifying labor by working conditions in Vietnam

According to Article 4 of Circular 29/2021/TT-BLDTBXH, the classification of labor based on working conditions issued with Circular 29/2021/TT-BLDTBXH is used for the following purposes:

- Building, amending, supplementing, or removing from the List of laborious, hazardous, and dangerous occupations and jobs, and especially laborious, hazardous, and dangerous occupations and jobs (hereinafter referred to as the Occupational List).

- Classifying labor by working conditions for laborious, hazardous, and dangerous occupations and jobs, and especially laborious, hazardous, and dangerous occupations and jobs which are the responsibility of the employer to implement labor protection and health care policies for employees as stipulated in Clause 3, Article 22 of the Law on Occupational Safety and Hygiene 2015.

3. Rights and obligations regarding occupational safety and hygiene of employees in Vietnam

The rights and obligations regarding occupational safety and hygiene of employees according to Article 6 of the Law on Occupational Safety and Hygiene 2015 are as follows:

* Employees working under labor contracts have the following rights:

- To be ensured fair, safe, and hygienic working conditions; to request the employer to ensure safe, hygienic working conditions during the labor process at the workplace;

- To be fully informed about dangerous, harmful factors at the workplace and preventive measures; to be trained on occupational safety and hygiene;

- To be covered by labor protection and health care policies, occupational disease detection check-ups; to be insured by the employer against occupational accidents and diseases; to enjoy full benefits for occupational accident victims, occupational disease sufferers; to have medical examination fees for assessment and diagnosis of injury or disease caused by occupational accidents paid; to be proactive in having assessment exams to determine the decrease in working capacity and to have examination fees paid if the assessment results qualify for an increase in occupational accident and disease benefits;

- To request the employer to arrange suitable work after stable treatment due to occupational accidents or diseases;

- To refuse to perform work or leave the workplace while still receiving full wages and not be considered a disciplinary breach if there is a clear risk of an occupational accident seriously threatening their life or health, but they must immediately report to their direct manager to have handling plans; only return to work when the direct manager and the person responsible for occupational safety and hygiene have rectified the risks to ensure safety and hygiene;

- To complain, denounce, or file a lawsuit according to the law.

* Employees working under labor contracts have the following obligations:

- To comply with regulations, processes, and safety and hygienic measures at the workplace; to adhere to safety and hygienic agreements in labor contracts, collective labor agreements;

- To use and preserve provided personal protective equipment; to maintain safety and hygiene devices at the workplace;

- To promptly report to the responsible person when discovering potential technical incidents causing loss of safety and hygiene, occupational accidents, or diseases; to proactively participate in rescue and incident rectification according to handling and emergency response plans or orders from the employer or competent state agencies.

* Employees working without labor contracts have the following rights:

- To work in safe and hygienic conditions; to be facilitated by the State, society, and family to work in a safe and hygienic environment;

- To receive information, propaganda, education on occupational safety and hygiene; to be trained on occupational safety and hygiene when performing jobs demanding strict safety and hygiene requirements;

- To participate in and benefit from occupational accident insurance on a voluntary basis prescribed by the Government of Vietnam.

Based on socio-economic development conditions and state budget capabilities in each period, the Government of Vietnam stipulates details on support for voluntary occupational accident insurance contributions;

- To complain, denounce, or file a lawsuit according to the law.

* Officials and public employees, persons of the people's armed forces have rights and obligations regarding occupational safety and hygiene similar to those of employees prescribed in Clauses 1 and 2 of Article 6 of the Law on Occupational Safety and Hygiene 2015, except where specific legal documents apply otherwise to this group.

* Trainees and apprentices working for employers have rights and obligations regarding occupational safety and hygiene similar to those of employees prescribed in Clauses 1 and 2 of Article 6 of the Law on Occupational Safety and Hygiene 2015.

* Foreign employees working in Vietnam have rights and obligations regarding occupational safety and hygiene similar to those of employees prescribed in Clauses 1 and 2 of Article 6 of the Law on Occupational Safety and Hygiene 2015; the participation in occupational accident and disease insurance is implemented under the regulations of the Government of Vietnam.

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