What are the cases of employees refusing work or quitting the workplace but still receiving full salary under the law in Vietnam?

What are the cases of employees refusing work or quitting the workplace but still receiving full salary under the law in Vietnam? (Internet image)

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

1. What are the cases of employees refusing work or quitting the workplace but still receiving full salary under the law in Vietnam?

According to Clause 1 of Article 6 of the Law on Occupational Safety and Hygiene 2015, 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.

Thus, employees have the right to 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

However, the employee must 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.

2. What are obligations of employers in ensuring occupational safety?

According to Clause 2, Article 7 of the Law on Occupational Safety and Hygiene 2015, 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.

3. What are the penalties for employers forcing their employees to work inconsistently with law when there is risk of occupational accident in Vietnam?

According to Clause 10 of Article 22 of Decree 12/2022/ND-CP, a fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Forcing their employees to work inconsistently with law when there is any risk of occupational accident likely to seriously endanger their health or life;

- Forcing their employees to not to leave their workplace inconsistently with law when there is any risk of occupational accident likely to seriously endanger their health or life;

- Forcing their employees to keep working inconsistently with law when such risks of occupational accident likely to seriously endanger their health or life have not been controlled.

In case the employer is an organization: The fine will be 2 times the fine for individuals according to Clause 1, Article 6 of Decree 12/2022/ND-CP.

Nguyen Ngoc Que Anh

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