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.
Table of Contents/Mục lục
1. Legal Basis
Compensation and allowance schemes for employees suffering from occupational accidents or occupational diseases are governed by:
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The Law on Occupational Safety and Hygiene 2015: This is the most fundamental legal document that clearly stipulates employees’ rights, employers’ responsibilities, and safety assurance measures.
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Decree No. 88/2020/ND-CP dated July 28, 2020: Provides detailed regulations on mandatory insurance for occupational accidents and diseases.
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Circular No. 28/2021/TT-BLDTBXH dated December 28, 2021: Specifies compensation levels, allowances, and the implementation process.
2. Applicable Subjects
The compensation and allowance schemes apply to:
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Employees working under labor contracts: Including indefinite-term contracts, fixed-term contracts, seasonal contracts, or contracts for specific tasks.
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Officials, civil servants, and public employees: Those working in government agencies and state organizations.
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Members of the armed forces: Professional soldiers, officers, non-commissioned officers, and soldiers.
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Other subjects: Freelancers or informal workers may also be considered if they participate in occupational accident and disease insurance.
3. Compensation for Occupational Accidents and Diseases
a. Cases Eligible for Compensation
Employees are entitled to compensation if:
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They suffer an occupational accident: An accident occurring during work due to external factors, resulting in a reduction of at least 5% of their work capacity or death.
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They contract an occupational disease: A long-term health condition caused by exposure to hazardous work environments, leading to at least a 5% reduction in work capacity or death.
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:
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5% – 10% reduction: At least 1.5 months’ salary.
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11% – 80% reduction: An additional 0.4 months’ salary per 1% reduction.
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81% reduction or death: The employee or their relatives receive at least 30 months’ salary.
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:
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81% work capacity reduction or death: At least 12 months’ salary.
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5% – 10% reduction: At least 0.6 months’ salary.
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11% – 80% reduction: An additional 0.1 months’ salary per 1% reduction.
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:
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Employees working for at least 6 consecutive months: The average salary of the 6 months preceding the accident or diagnosis of an occupational disease.
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Employees working for less than 6 months: The average salary for the entire working period before the accident or occupational disease diagnosis.
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:
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Make full and timely compensation and allowance payments: In accordance with legal regulations.
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Organize regular health check-ups: Particularly for employees working in hazardous environments.
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Improve working conditions: Ensure a safe and healthy workplace to minimize occupational accidents and diseases.
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Pay mandatory occupational accident and disease insurance: This is a legal obligation to protect employees’ rights.
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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