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LABOR ACCIDENT REGIME: LITTLE KNOWN RIGHTS

There are always hidden risks for employees when working. Labor accident regime is the best way to protect employees’ rights and interests.

1. What is the labor accident?

“Labor accident is an accident that causes injury to any bodily part and function of an employee or causes death, and occurs during the performance of work and in connection with the performance of a job or task.”

(According Clause 8, Article 3 of the Law on Occupational safety and hygiene 2015)

2. Conditions for enjoying the labor accident regime 2020

Employees are only entitled to the labor accident regime when fully satisfying the following conditions:

  • Accident:

+ At the workplace and during the working hours;

+ Outside the workplace or beyond working hours while performing tasks assigned by their employers;

+ On a route to and from residence and workplace within a rational time and on a rational route.

  • Suffering a working capacity decrease of 5% or more after getting accidents

(According Article 43 of the Law on Social Insurance 2014)

 3. Levels of social insurance allowances

From the Labor accident insurance fund:

  • Lump-sum allowance (decrease of between 5% and 30%):

+ Employees suffering a 5% working capacity decrease are entitled to an allowance equaling 5 times the basic salary, which shall be added with half of the basic salary for each additional 1% working capacity decrease;

+ Employees are entitled to an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

  • Monthly allowance (decrease of 31% or more):

+ For employees suffering a 31% working capacity decrease, the monthly allowance must equal 30% of the basic salary, which shall be added with 2% of the basic salary for each additional 1% working capacity decrease;

+ Employees are entitled to receive every month an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

  • Convalescence and health rehabilitation after treatment

+ Employee’s health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation.

  • 10 days at most if the working capacity decrease of 51% or more;
  • 7 days at most if the working capacity decrease of between 31% and 50%;
  • 5 days at most if the working capacity decrease of between 15% and 30%.

+ The per day allowance:

  • 25% of the basic salary if if convalescence and health rehabilitation take place at home;
  • 40% of the basic salary if convalescence and health rehabilitation take place at health establishments.

(Section 3, Chapter III of the Law on Social Insurance 2014)

From the employer:

In addition to the above-mentioned insurance regimes, employee who has labor accident is also entitled some interests from the employer:

  • Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:

+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5%;

+ Full payment for treatment for the employee if the employee has not heath insurance.

  • Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
  • Pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

+  At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is b At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies etween 11% and 80%;

+ Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in above provisions if the accident is entirely his/her fault.

  • Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working.

(Article 38 of the Law on Occupational safety and hygiene)

4. Time for regime

Time for regime shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient.

If the employee is infected with HIV/AIDS due to occupational accidents, the time for benefit receipt shall be determined from the month in which the employee receive a Certificate of HIV/AIDS infection due to occupational accidents.

(Article 50 of the Law on Occupational safety and hygiene 2015)

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

 

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