In the program: Experts: Dr. Nguyen Huy Khoa – Deputy Head of the Faculty of Law, Trade Union University, Lawyers’ Association of the Vietnamese Trade Union Confederation (VGCL); Dr. Do thi lan chi – deputy head of the department for occupational safety and work health, Trade Union University; Lawyer Dang van Thanh from the Hanoi Bar Association answered questions that worryed the employees.
Reflections in the dialogue show that the current changes and additions to social security policy aim to expand the scope of participation, improve the services and to create more favorable conditions for the access of the employees. This is a progress that gives employees and workers security in relation to their contributions and offers them long -term protection, especially in difficult situations such as illness, motherhood, work accidents or retirement.
With regard to safety and health protection in the workplace, the industrial and trading sector has its own special features. Many jobs require caution and strict adherence to security procedures to avoid risks during work.
The focus of the new regulations on occupational safety is the awareness of accident prevention, improving working conditions and strengthening the responsibility of companies for a safe and healthy working environment. So that these guidelines can actually be put into practice, compliance with administrative authorities and companies is necessary, but also the initiative of the employees to protect themselves.
According to the expert Nguyen Huy Khoa, according to the Social Insurance Act and the Law on Security and Health Protection at the workplace in the event of an accident that is due to the debt of the employee, there is no entitlement to compensation, but only to support.
In other cases, the benefits are determined as follows after assessing the degree of disability: If the employee’s reduction in earning capacity is 5 % or more, he is entitled to social security benefits. 5–10 % are remunerated, at least 1.5 monthly salaries. Of 11–80 %, with each increase of 1 %, compensation is an additional 0.4 monthly salaries. 81 % or more receive at least 30 monthly salaries.
Even if the employee is responsible for the accident, the employer, depending on the degree of impairment, must compensate at least 40 % of the above amount.
If the employee wants to continue to work after treatment and rehabilitation, the employer must ensure a suitable work.
From 2024 the basic salary is no longer necessary. Instead, the services are calculated based on the reference content, which corresponds to the alignment of the salary and social security reform.
If the employer unilaterally and if the regulations are violated, the employer must pay the wages in accordance with paragraph 1, Article 41 if the employee wants to return to his job. Pay social security, health insurance and unemployment insurance contributions for employees on the days on which you do not work. At the same time, the employee has to pay an additional amount of at least two monthly salaries in accordance with the employment contract. In addition, the employer must pay a surcharge in the amount of the tariff salary if there is violations of the notice of termination for the days without notice period.
If the employee does not want to continue his work, the employer must continue to pay salary, social insurance, health insurance and unemployment insurance for the days on which the employee is not allowed to work. Pay the employees at least two monthly salaries in accordance with the employment contract. At the same time, a severance payment must be paid in accordance with Article 46 of the Labor Code 2019 in order to end the employment contract properly.
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