EMPLOYEES SUFFERING A WORKING CAPACITY DECREASE OF BETWEEN 5% AND 30% ARE ENTITLED TO A LUMP-SUM ALLOWANCE

Pursuant to Decision No. 1107/QD-LDTBXH issued by the Ministry of Labor – Invalids and Social Affairs issued and coming into effect on September 16, 2020:

– Accordingly, employees who fully meet the following conditions are entitled to the labor accident regime:

(i) Getting accidents in one of the following cases:

• At the workplace and during working hours, even when performing the necessary living needs at the workplace and during working hours permitted by Labor Code and the rules of production and production establishment, including breaks, meals between shifts, eating and fostering in kind, cleaning menstrual bathing, breastfeeding, toileting.
• Outside the workplace and beyond working hours when performing tasks assigned by their employees;
• On a route and from residence and workplace within a rational time and on a rational route;

(ii) Suffering a working capacity decrease of 5% or more after getting accidents specified in the aforementioned cases;

(iii) Employees are not entitled to the benefits provided by the Labor accident Insurance Fund, occupational disease pay if it falls into one of the reasons specified in Clause 1, Article 40 of the Law on occupational safety and sanitation.

– Employees are entitled to the occupational disease regime when fully satisfying the following conditions:

(i) Suffering from an occupational disease mentioned in the List of occupational diseases issued by the Minister of Health;

(ii) Suffering a working capacity decrease of at least 5% caused by a disease specified in the aforementioned List of occupational diseases;

(iii) If an employee has retired or no longer does the job posing risks. Employees who have retired or no longer working at risk of occupational disease and are found to have an occupational disease will be assessed.

– In addition, employees with a working capacity decrease of 5-30% are entitled to a lump-sum allowance, from 31% or more, are entitled to a monthly allowance.

– The relative’s employees are entitled to a lump-sum allowance equal to 36 times of the base salary in the month on which employees die and are entitled to the survivorship allowance in one of the following cases.

(i) Employees who die of a labor accident or an occupational disease while working;

(ii) Employees who die during the period of first-time medical treatment due to a labor accident or an occupational disease;

(iii) Employee who die during the treatment of injury or disease without assessment of their working capacity decrease.

Best regards,