Do I have to pay social insurance while treating occupational diseases in Vietnam? Is the treatment of occupational diseases paid for by the company outside of the health insurance coverage in Vietnam? If persons are treating occupational diseases, can the company unilaterally terminate their contract in Vietnam?
Hello. I work at a coal mining company, recently, my health was not good, so I went to the doctor and found out that I had an occupational disease and I am currently taking a month off for treatment. So, do I have to pay social insurance during the treatment leave?
Please advise. Thankyou.
Article 42 of Decision 595/QD-BHXH in 2017 provides as follows:
1. An employee who signs at least 2 labor contracts with different employers shall pay social insurance contributions and unemployment insurance premiums according to the first labor contract, pay health insurance premiums according to the labor contract with highest salary and pay premiums of occupational accident and occupational disease according to each labor contract.
2. An employee who works under a labor contract (excluding employees working under labor contracts without definite prescribed in the Government's Decree No. 68/2000/ND-CP dated November 17, 2000 on labor contracts for certain jobs in administrative authorities and public service providers) in an administrative authority or a public service provider shall pay insurance contributions or premiums according to his/her salary specified in his/her labor contract.
3. An employer that is allowed to suspend the payment to the retirement and death benefit fund shall still make payment to the sickness and maternity fund, occupational accident and occupational disease fund, health insurance fund and unemployment insurance fund. When the period of suspension from payment of insurance contributions and premiums has expired, the employer shall continue paying insurance contributions and premiums according to the registered payment method and paying premiums for period of suspension from payment to the retirement and death benefit fund. The insurance contributions and premiums in the period of suspension shall not be subject to the late payment interest.
Within the period of suspension, if an employee take leave, moves or wishes to receive social insurance benefits, his/her employer shall pay sufficient insurance contributions and premiums and late payment interest (if any) for this employee to confirm his/her social insurance book.
4. An employee who does not work or receive salary for at least 14 working days in a month is not required to pay social insurance contributions in this month. This period shall not be included in the payment period of social insurance contributions.
5. An employee who takes leave due to sickness for at least 14 working days in a month in accordance with regulations of law on social insurance is not required to pay insurance contributions and premiums but still receives benefits from health insurance.
6. If an employee who takes leave due to maternity for at least 14 working days in a month, both he/she and his/her employer are not required to pay social insurance contributions and premiums of unemployment insurance, occupational accident and occupational disease; this period will be included in the payment period of social insurance contributions and his/her health insurance premiums will be paid by the social insurance authority.
The maternity leave period shall be specified in his/her social insurance book according to the monthly salary as the basis for paying social insurance of the month preceding the leave month. In the leave period, if his/her salary is increased, the new salary shall be applied from the time of increase in his/her salary.
If an employee who is doing a heavy, toxic or dangerous job or an extremely heavy, toxic or dangerous job included in the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or is working in areas with a region-based allowance coefficient of 0.7 or higher leaves his/her jobs due to maternity, the leave period shall be included in the period of doing a heavy, toxic or dangerous job or an extremely heavy, toxic or dangerous job or working in areas a region-based allowance coefficient of 0.7 or higher.
6.1. If a labor contract expires while an employee takes leave due to maternity, the maternity leave period from the time where he/she leaves the job to the time where his/her labor contract expires shall be included in the payment period of social insurance contributions and the leave period after her labor contract expires shall not included in the payment period of social insurance contributions.
6.2. The maternity leave period of an employee who terminates his/her labor contract or employment contract or quits her job before giving birth or adopting a child who is under 6 months shall not be included in the payment period of social insurance contributions.
6.3. If a female employee returns work before the prescribed leave period of childbirth expires, the maternity leave period from the time of leaving to the time of returning shall be included in the payment period of social insurance contributions; she and her employer shall pay insurance contributions and premiums from the time of returning onwards.
6.4. If the father or the direct fosterer, intended mother, intended father or the direct fosterer who is entitled to maternity benefits do not take leave, he/she and his/her employer will still pay insurance contributions and premiums.
7. If an employee is held in temporary detention or temporarily suspended from his/her job for investigation and consideration his/her violations, this employee and his/her employer are allowed to suspend paying social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance but shall pay health insurance premiums with the monthly premiums of 4.5% of 50% of the monthly salary which he/she is received in accordance with regulations of law. After the period of temporary detention or temporary suspension, if the competent authority finds that there is no violations, the employee and his/her employer shall pay social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance according to the monthly salary as the basis for paying compulsory social insurance contributions and pay health insurance premium according to the salary retrospectively paid for the period of temporary detention or temporary suspension and are not required to pay interest on unpaid insurance premiums.
8. If an employee who stops working in accordance with regulations of law on labor still receives salary, he/she or his/her employer shall pay insurance contributions and premiums according the monthly salary received by the employee during the stopping period.
Based on the above regulations in Vietnam, employees who do not work and do not receive salary for 14 working days or more in a month will not pay social insurance premiums for that month.
According to Clause 2, Article 38 of the Law on Occupational Safety and Hygiene 2015, there are the following provisions:
2. Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
a) Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
b) Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
c) Full payment for treatment for the employee if the employee has not heath insurance;
As such, the company you are working for will be responsible for paying expenses that are not covered by health insurance and paying all medical expenses from first aid to stable treatment in Vietnam.
Pursuant to Article 37 of the Labor Code 2019 stipulates cases in which an employer is prohibited from unilaterally terminating an employment contract, according to which:
1. The employee is suffering from an illness or work accident, occupational disease and is being treated or nursed under the decision of a competent health institution, except for the cases stipulated in Point b Clause 1 Article 36 of this Labor Code.
2. The employee is on annual leave, personal leave, or any other types of leave permitted by the employer.
3. The employee is pregnant, on maternal leave or raising a child under 12 months of age.
According to this Article, when employee is suffering an occupational disease is undergoing treatment, the employer may not unilaterally terminate the contract with this employee in Vietnam.
- Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to email@example.com
- The content of the article is for reference only;
- The applicable terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via Email: firstname.lastname@example.org;