The Ministry of Labor, War Invalids, and Social Affairs issues Circular No. 28/2021/TT-BLDTBXH dated 28 December 2021 on detailing and guiding the implementation of several articles of the Law on Occupational Safety and Health regarding benefits for employees suffering from occupational accidents or diseases. This Circular has the following main contents:
- Cases of compensation for occupational accidents or diseases
- The employee suffers an occupational accident that reduces his working capacity by 5% or more; or dies due to an occupational accident that is not entirely due to the fault of this employee, except for cases of occupational accident allowance.
- The employee suffers from an occupational disease that reduces his working capacity by 5% or more or dies due to an occupational disease while working for the employer, or before retirement, before retiring, before moving to work for another employer (excluding cases of occupational diseases caused by working for other employers).
- Compensation principles
- Once an occupational accident occurs, compensation shall be made for that time, without accumulating accidents that have occurred from previous times.
- Compensation for employees suffering from occupational diseases is made as follows:
- The first time is based on the level (%) of working capacity decrease (body injury rate) in the first visit; and
- From the second time onwards, based on the increase (%) of working capacity decrease to compensate for the difference (%) of working capacity decrease compared with the results of the assessment of the previous time.
- Compensation level
- At least equal to 30 months’ salary for employees whose working capacity is reduced by 81% or more; or for employees’ relatives who die due to occupational accidents or diseases.
- At least equal to 1.5 months’ salary for employees whose working capacity is reduced from 5% to 10%; if having a working capacity decrease from 11% to 80%, for every 1% increase, 0.4 month’s salary will be added.
- Occupational accident allowance
An employee who suffers from an occupational accident that reduces his working capacity by 5% or more or the relative of an employee who dies due to an occupational accident is entitled to the occupational accident allowance regime, if the cause of the occupational accident is entirely due to the fault of the injured employee himself (based on the conclusion of the occupational accident investigation report).
- Salary as a basis for compensation and allowance: Being calculated on average of 6 consecutive months before the occurrence of an occupational accident or before the occupational disease. If the working, apprenticeship, the probationary period is less than 6 months, the salary used as the basis for making compensation and benefits is the average salary of the months preceding the time of the occupational accident or at the time of being diagnosed with an occupational disease.
For further information, please contact:
Minh Ngo Nhat, Managing Partner, BLawyers
minh.ngo@blawyersvn.com
