What are the rights of employee without labor contracts in terms of occupational safety and hygiene in Vietnam?

What are the rights of employee without labor contracts in terms of occupational safety and hygiene in Vietnam? (Internet image) 

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

1. What are the rights of employee without labor contracts in terms of occupational safety and hygiene in Vietnam?

According to Clause 3, Article 6 of the Law on Occupational Safety and Hygiene 2015, 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.

Thus, employee without labor contracts have the right regarding occupational safety and hygiene as above.

2. What are the obligations of employee without labor contracts in terms of occupational safety and hygiene in Vietnam?

According to Clause 4, Article 6 of the Law on Occupational Safety and Hygiene 2015, 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

Pursuant to Article 7 of the Law on Occupational Safety and Hygiene 2015, the rights and obligations of employers in terms of occupational safety and hygiene are stipulated 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.

Nguyen Ngoc Que Anh

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