“According to the law of our country, there are many kinds of allowances and allowances; however, perhaps hazardous and dangerous allowances are reserved for workers working in arduous, hazardous, and dangerous environments. Because this is a worthy compensation for the employees who have put in their efforts, their health is devoted to the work, but it seems that the allowance alone is not enough for the job. Therefore, the law has provided for the mode of fostering in kind. So what is the mode of fostering in kind?“. To better understand this, today, LSX Lawfirm will give you an article about “What is compensation in kind according to Vietnamese law?“, as follows:
Legal grounds
Circular 25/2013/TT-BLDTBXH
Circular No. 26/2016/TT-BYT
Consulting content
Employee health care is one of the policies showing progress; The State’s concern for employees in the process of working to create wealth for the society. In particular, the regimes show concern for workers working in a heavy environment; toxic; hazardous; including compensation in kind.
What is compensation in kind?
The mode of fostering in kind is the adoption of a number of artifacts with high nutritional value; to reduce the consequences of harmful factors that employees face in the working environment with hazardous factors; toxic. These fostering artifacts are usually eggs; milk, fruit, etc.
These products are easy to use and have good effects in increasing the resistance of workers’ bodies; prevent occupational diseases.
This is a highly humane provision of the current labor law; this regulation not only contributes to the protection of workers’ health; but also creates conditions for employers to have the opportunity to care for; pay more attention to their employees through simple but meaningful actions.
What are the conditions for enjoying the allowance in kind?
Pursuant to Article 2 of Circular 25/2013/TT-BLDTBXH; An employee is entitled to the allowance in kind when fully meeting the following conditions:
Do occupations; jobs on the list of occupations; particularly arduous and hazardous work; dangerous and arduous, toxic; danger issued by the Ministry of Labor, War Invalids and Social Affairs in Circular 15/2016/TT-BLDTBXH; Working in a working environment with at least one of the dangerous factors; toxic and do not meet the allowable hygiene standards; according to regulations of the Ministry of Health or directly in contact with sources of infectious disease. The determination of the factors specified in this shall be carried out by the qualified measuring unit; Check the working environment.
The measurement of microclimate values in the working environment shall comply with the provisions of Circular No. 26/2016/TT-BYT on the National Technical Regulation on microclimates – Permissible values for microclimates in the locality work.
How much is the allowance in kind?
Compensation level: Pursuant to Article 2 of Circular 25/2013/TT-BLDTBXH;
Compensation in kind is calculated on a daily basis and has the corresponding monetary value at the following levels:
- Level 1: 10,000 VND;
- Secondly, Level 2: 15,000 VND;
- Thirdly, Level 3: 20,000 VND;
- Finally, Level 4: 25,000 VND
The specific allowance for each employee is determined as follows:
- Firstly, For employees who fully meet the prescribed conditions; if working 50% or more of the normal working time of the working day; they are also entitled to the allowance for fostering; if working less than 50% of the normal working hours of the working day; they are entitled to half of the allowance as prescribed in Appendix 1 issued together with this Circular;
- Secondly, In case the employee works overtime; The rate of compensation in kind increased in proportion to the number of overtime hours according to the above principle;
- Thirdly, Employers consider and decide to provide in-kind training at the rate of 1 (10,000 VND) for employees who do jobs, not on the list of occupations; particularly arduous and hazardous work; dangerous and arduous, toxic; danger issued by the Ministry of Labor, Invalids and Social Affairs; but are working in a working environment with at least one of the dangerous factors; hazardous substances that do not meet allowable hygiene standards or come into direct contact with sources of infectious disease.
What is the principle of compensation in kind?
Accordingly to Article 3 of Circular 25/2013/TT-BLDTBXH; have the following principles:
- The organization of training in kind must do in shifts or on working days; to ensure convenience and hygiene. Not paid in cash; shall not include in the salary (including included in the salary unit price) instead of in-kind compensation.
- The level of enjoyment of the allowance in kind done as described above
- In case of an unstable labor organization; it is not possible to organize centralized training on the spot (for example, mobile work, scattered, few people); the employer must provide in kind for the employee so that the employee is responsible for self-improvement according to regulations. In this case; the employer must make a list of allocations; signed by the employee; regularly inspect the implementation of training of employees then.
- Expenses for fostering in-kind accounted into regular operating expenses; production and business costs of the labor establishment and is a reasonable cost when calculating tax; pay corporate income tax of the labor establishment according to the current provisions of the law on corporate income tax; specifically for students; students doing internships and apprenticeships; Under the management of any agency, such agency shall provide funding then.
- Employees working in industries; specific occupations entitled to a quantitative diet according to the Government’s regulations; will not entitled to compensation in kind according to this regulation
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Related questions
The mode of fostering in kind is one of the protection regimes; health care workers. This regime is understood as the adoption of some artifacts with high nutritional value; to reduce the consequences of harmful factors that employees face in the working environment with hazardous factors; toxic.
Wage refers to any remuneration received by an employee for work regardless of salary; allowance; bonuses or any other means to pay them by the day, hour, month, or product then.
Every month; employees must pay 1% of their salary for unemployment insurance. When unemployed; the employee’s monthly salary = 60% of the average salary for the 6 consecutive months before quitting, but must not exceed the maximum benefit.
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