CONDITIONS FOR BENEFITS OF OCCUPATIONAL ACCIDENT INSURANCE

Occupational accident insurance is an important part of social security policy, ensuring the rights and health of employees during work. However, to enjoy this policy, employees need to fully meet all conditions prescribed by law.

The employees must participate in occupational accident insurance according to regulations

Employees are entitled to occupational accident benefits if they participate in occupational
accident and disease insurance. This type of insurance is mandatory for subjects in the following cases:

– Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

– Persons working under labor contracts with a term of between full 1 month and under 3 months;

– Cadres, civil servants and public employees;

– Defense workers, public security workers and persons doing other jobs in cipher organizations;

– Officers and professional army men of the people’s army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people’s public security; and persons engaged in cipher work and enjoying salaries like army men;

– Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

– Salaried managers of enterprises and cooperatives.

The employees have an accident in one of the prescribed cases

Getting accidents in one of the following cases:

– At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;

– Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;

– On the route between home and work within a reasonable period of time and route;

The employees suffer a working capacity decrease exceeding the specified threshold

The employees suffer a working capacity decrease of at least 5% caused by an accident in the above mentioned cases.

Cases where the employee is not entitled to occupational accident insurance

An employee shall not receive benefits of occupational accident insurance if the accident is caused by one of the following reasons:

– Conflict between the employee and the person causing the accident not relating their works or tasks;

– The employee deliberately ruins their own health;

– The employee uses drugs or other narcotic substances against of law.

>> OCCUPATIONAL ACCIDENT COMPENSATION AND BENEFIT IN SPECIAL CASES https://linconlaw.vn/occupational-accident-compensation-and-benefit-in-special-cases/

>> MATERNITY REGIME OF MALE EMPLOYEES https://linconlaw.vn/maternity-regime-of-male-employees/