Occupational accidents and occupational diseases are unforeseen risks that workers (employees) may encounter during their work, especially in hazardous and toxic industries. In many cases, the consequences can be permanent disability, prolonged medical expenses, or even the loss of a primary source of income, placing the employee and their family in financial distress.
To protect employees’ rights and support them in overcoming these difficulties, Vietnamese law has established specific regulations regarding compensation and allowance schemes. Below are the key provisions related to employee protection in the event of an occupational accident or occupational disease.
1. Legal Basis
Compensation and allowance schemes for employees suffering from occupational accidents or occupational diseases are governed by:
2. Applicable Subjects
The compensation and allowance schemes apply to:
3. Compensation for Occupational Accidents and Diseases
a. Cases Eligible for Compensation
Employees are entitled to compensation if:
Note: Employees are not eligible for compensation if the accident occurs entirely due to their fault, such as intentionally violating safety regulations or self-inflicting injury.
b. Compensation Levels
Compensation is calculated based on the degree of work capacity reduction:
4. Occupational Accident and Disease Allowance
a. Cases Eligible for Allowance
Employees are entitled to an allowance if they suffer an occupational accident that results in at least a 5% reductionin work capacity or if their relatives are affected by a fatal occupational accident. The accident must not have been entirely caused by the employee’s fault, as determined by the occupational accident investigation report.
b. Allowance Levels
Allowance levels are determined as follows:
5. Basis for Compensation and Allowance Calculation
The salary used as a basis for compensation and allowance calculation depends on the employee’s working period:
6. Payment Deadline for Compensation and Allowance
Employers are required to pay compensation and allowances to employees or their relatives within 5 working daysfrom the issuance of the decision. Delays in payment may result in legal liability or administrative penalties for the employer.
7. Employers’ Responsibilities
To ensure employees’ rights and minimize risks, employers must:
8. Conclusion
The regulations on compensation and allowance for occupational accidents and diseases not only protect employees’ legal rights but also reflect society’s responsibility toward the workforce. Employees should be aware of their entitlements and ensure that their employers fulfill their obligations.
If legal assistance or dispute resolution is required, employees can contact relevant authorities such as the Department of Labor, War Invalids, and Social Affairs, labor unions, or law offices for advice and support.
Contact Information
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