Today, society is developing more and more, leading to an increasing demand for labor. In labor law, labor is a very important issue. So how is this regime regulated by law? So about the matter “An occupational accident under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Social Insurance 2014
- Law on occupational safety and health 2015
What is an occupational accident?
An occupational accident is a sudden and dangerous incident that occurs during the working process, causing damage to workers’ health and life, associated with the performance of jobs and labor obligations. Occupational accidents are always an indispensable content in the labor laws of most countries. In Vietnam, it is considered an occupational accident in the following cases: an accident occurring during working hours, at the workplace; accidents occur outside working hours, outside the workplace when performing work at the request of the employer; accidents occur on the way to and from the place of residence to the workplace of the employee. The causes of occupational accidents are mainly due to unsafe work or dangerous sources in production, the consequences of which are reduced working capacity or death of employees. Therefore, the employer must always be responsible for preventing, compensating, paying emergency expenses, treatment and wages during the treatment period for employees suffering from occupational accidents. Employees suffering from occupational accidents are entitled to social insurance regimes according to the provisions of law.
In addition, according to Clause 8, Article 3 of the 2015 Law on Occupational Safety and Health, the concept of occupational accident is defined as follows:
8. Occupational accident means an accident that causes injury to any part or function of the body or causes death to an employee, occurring during the working process, associated with the performance of work, labor duties.
Classification of occupational accidents
An occupational accident that kills an employee (hereinafter referred to as a fatal occupational accident) is an occupational accident in which an employee dies in one of the following cases:
+ Died at the place of the accident;
+ Died on the way to the emergency room or during the emergency period;
+ Died during the treatment period or death due to recurrence of an injury caused by an occupational accident according to the conclusion in the forensic examination report;
The employee is declared dead according to the court’s conclusion for the missing case.
Occupational accident causing serious injury to the employee (hereinafter referred to as serious occupational accident) is an occupational accident that causes the employee to suffer at least one of the injuries specified in Appendix II issued together with the following: under this Decree.
An occupational accident that causes minor injuries to an employee (hereinafter referred to as a minor occupational accident) is an occupational accident that does not fall into the cases specified in Clauses 1 and 2 of this Article.
An occupational accident under Vietnam law
Determining what is an occupational accident is a problem that has existed for many years, there have been conflicts over concepts and ways of dealing with cases of occupational accidents. Therefore, the regulations on occupational accidents in Clause 1, Article 142 of the current Code inherit the definition of occupational accidents in the 1994 Labor Code and have slightly modified and clarified. In the spirit of the provisions on occupational accidents in the Code, there are a number of points to note as follows:
– In terms of form: Occupational accidents are defined as all types of accidents that cause injury to any part or function of the body or cause death to employees, it is necessary to clearly distinguish between levels caused by occupational accidents (from injury to death) with the guarantee of benefits for people suffering from occupational accidents. A person who has had a work accident may suffer bodily injury but it is unlikely that he will be entitled to this benefit because the extent of the injury is not great. On the other hand, it is also important to note the case that the appearance does not appear to be hurt, but in fact it is a labor accident (in case of smoke inhalation or acute poisoning leading to death).
– In terms of scope: Occupational accidents have a wide scope, not only limited to the “border” of the enterprise, it is necessary to clearly identify where the accident occurred (where), the employee was injured. accident while performing labor obligations or tasks requested or assigned by the employer or not. If the factor “in the working process, associated with the performance of work and labor tasks” is satisfied, it is determined as an occupational accident.
For example, having an accident while moving from home to the employer and vice versa (on the necessary road); on the way to move from the enterprise to the place of work; perform a completely new task assigned by the employer (for example, while doing charity work of an accident business).
– Subjects: Regulations on occupational accidents are applied to both apprentices, trainees and probationers. Thus, the determination of occupational accidents is not only limited to employees who have a formal employment relationship, but also applies to those who do not have an employment relationship with a formal labor contract. may have just started working.
According to the regulations, all occupational accidents, occupational diseases and serious incidents at the workplace must be declared, investigated, recorded, made statistics and periodically reported in accordance with the Government’s regulations. government, in order to avoid concealing, making false declarations, evading responsibility, and infringing upon the interests of employees.
What is the responsibility of the employer when an occupational accident occurs?
According to the provisions of the 2015 Law on Occupational Safety and Health, the employer has the following responsibilities when an occupational accident occurs (these responsibilities correspond to the rights of the employee suffering an occupational accident). dynamic):
– To declare the occupational accident to the competent state agency;
– Timely first aid and first aid for employees, advance first aid, emergency and treatment expenses for employees suffering from occupational accidents;
– Payment of medical expenses from first aid and emergency treatment to stable treatment for occupational accident victims;
– Paying full wages to employees suffering from occupational accidents and having to leave work during the period of treatment and rehabilitation;
– Compensation or allowances for employees suffering from occupational accidents according to the provisions of law;
– To introduce workers who have suffered occupational accidents to receive medical assessment to determine the degree of working capacity decline, to receive treatment, nursing, and occupational rehabilitation in accordance with the law;
– To arrange work suitable for health according to the conclusion of the Medical Assessment Council for employees who have occupational accidents after treatment or rehabilitation if they continue to work;
– Together with the employees and their families complete the application to enjoy social insurance.
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Please see more
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- Performance of labor contracts in accordance with Viet Nam legal regulations
- How many times does the law of Vietnam allow to sign a labor contract?
Frequently asked questions
Article 50 of the Law on Occupational Safety and Health specifies the time to enjoy a lump-sum allowance or a monthly allowance due to an occupational accident and a service allowance as follows:
(i) From the month the employee has completed stable treatment, is discharged from the hospital or from the month of the conclusion of the Medical Assessment Council in the case of no inpatient treatment.
(ii) In case it is not possible to determine the time of completion of stable treatment and discharge from the hospital: From the month of the conclusion of the Medical Assessment Council.
(iii) In case of being infected with HIV/AIDS due to an occupational accident: From the month the employee is granted a Certificate of HIV/AIDS infection due to an occupational accident
An employee whose health is still weak after stable treatment for an injury or illness due to an occupational accident or occupational disease shall be entitled to convalescence and health rehabilitation from 5 to 10 days, depending on the level of disability. labor; benefits are as follows:
+ 25% of the general minimum salary/day (if staying at home).
+ 40% of the general minimum salary/day (if concentrated leave).
Conditions for enjoying the occupational accident regime are specified in Article 45 of the 2015 Law on occupational safety and sanitation
Employees participating in occupational accident and occupational disease insurance are entitled to the occupational accident regime when fully meeting the following conditions:
First, having an accident in one of the following cases
(i) At work and during working hours, even when performing essential daily needs at work or during working hours such as breaks, meals between shifts, etc.
(ii) Outside the workplace or outside working hours when performing work at the request of the employer…
(iii) On the route from the place of residence to the place of work or from the place of work to the place of residence within a reasonable time and route.
Secondly, Working capacity decrease of 5% or more due to accidents in the above 03 cases.
Thus, a traffic accident can be entitled to the occupational accident regime if it occurs in the three cases mentioned above.
However, employees will not be entitled to the occupational accident regime when an accident occurs in one of the following cases:
(i) The accident is caused by the victim’s own conflict with the person causing the accident, which is not related to the performance of work or labor duties.
(ii) Accidents caused by employees intentionally destroying their own health.
(iii) Accidents caused by being drunk, beer or using drugs, drug precursors.
Conclusion: So the above is An occupational accident under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
