Regulations on convalescence and health rehabilitation after injury or disease treatment in Vietnam

Regulations on convalescence and health rehabilitation after injury or disease treatment in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on convalescence and health rehabilitation after injury or disease treatment in Vietnam

According to Article 54 of the Law on occupational safety and hygiene 2015, regulations on convalescence and health rehabilitation after injury or disease treatment in Vietnam are as follows:

- An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.

If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of Article 54 of the Law on occupational safety and hygiene 2015 if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.

- The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:

+ Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;

+ Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;

+ Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;

- The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of Article 54 of the Law on occupational safety and hygiene 2015 shall equal 30% of the statutory pay rate.

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 according to Article 6 of the Law on occupational safety and hygiene 2015 are as follows:

- 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.

- 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.

- Officials, civil servants, and people’s armed forces have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of Article 6 of the Law on occupational safety and hygiene 2015, unless otherwise prescribed by legislative documents applicable to these entities.

- Probationers or apprentices have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of Article 6 of the Law on occupational safety and hygiene 2015.

- Foreign workers working in Vietnam have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of Article 6 of the Law on occupational safety and hygiene 2015; and their purchase of the insurance shall comply with regulations of the Government.

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