At the enterprise, cultural and sports activities are organized according to the plan. During the sports tournament, unfortunately, an employee was injured. Is that considered an occupational accident? Thank you.
Clause 8 Article 3 of the Law on Occupational Safety and Hygiene 2015 explains occupational accidents as follows:
8. Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.
According to the provisions of Clause 1, Article 45 f the Law on Occupational Safety and Hygiene 2015, requirements for receiving occupational accident benefit:
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
1. He/she has an accident:
a) 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;
b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
c) On the route between home and work within a reasonable period of time and route;
Thus, in case an employee is injured due to participating in cultural and sports activities organized at the enterprise, according to the above provisions in Vietnam, it will not be considered as an occupational accident.
Best Regards!