1. Rights of employees to receive convalescence and health recovery benefits due to work accidents and occupational diseases:

Benefits for convalescence and health recovery after labor accidents and occupational diseases are one of the basic rights of employees when participating in labor relations. Pursuant to Article 60 of the Law on Occupational Safety and Hygiene 2015, it is clearly stipulated on the settlement of health and recuperation benefits when an individual employee encounters a work accident or suffers an occupational disease in the workplace. throughout the performance of your work.

Accordingly, employers are responsible for making a list of people who have received occupational accident insurance or individuals with occupational diseases whose health has not stabilized or recovered. After making the list, it will be submitted to the social insurance agency. The time to carry out this activity is within 10 days from the date the employee is determined to have not recovered his health in accordance with the provisions of Clause 1 of Article 54 of the Law on Occupational Safety and Hygiene 2015;

– When receiving the list from the enterprise, the social insurance agency is responsible for resolving convalescence and health recovery regimes for employees within 10 days from the date of receipt of the list. Social insurance must quickly transfer money to the employer so that this unit can pay convalescence and health recovery benefits to employees; If a list of requests has been received from the enterprise but is not resolved, the insurance agency must respond in writing and clearly state the legitimate reason;

– In terms of the employer's responsibility, after the social insurance agency has transferred the convalescence and rehabilitation benefits, within 5 days from the date of receipt of the money, the enterprise must make payment. allowances for workers.

With the above regulations, employers are responsible for supporting employees to receive convalescence and health recovery benefits. This is a basic right of employees that has been specifically stipulated by relevant legal documents. The employer will be responsible for paying post-work health recovery benefits to the employee after submitting the list to the insurance agency within 5 days from the date of receiving the money due. Social insurance agency transferred.

2. Is there a penalty for late payment for occupational accidents and diseases?

As analyzed above, convalescence and health recovery benefits will have to be paid within the prescribed time limit; In reality, if the delay in paying convalescence benefits seriously affects the employee, the business or employer may be subject to administrative sanctions related to the employee's behavior. vi this. Pursuant to Clause 1 and Clause 7, Article 41 of Decree 12/2022/ND-CP, if there is a violation of regulations on social insurance and unemployment insurance, a fine of from 1 million can be imposed. up to 2 million VND if the business organization commits a violation for each employee.

In cases where many workers are not paid health recovery benefits after occupational accidents and diseases, the fine cannot exceed a maximum of 75 million. And as you know, the time for businesses and organizations to make payments is 5 days from the date of receiving the subsidy transferred by the social insurance agency.

Violations of regulations on delay in payment of convalescence and health recovery benefits can result in remedial measures such as forcing the employer to pay convalescence benefits, Recover health after occupational accidents and occupational diseases for workers in accordance with regulations.

It is worth noting that: According to the provisions of Clause 1, Article 6 of Decree 12/2022/ND-CP, the penalty level specified above is the penalty level for individuals, but in case an organization commits a violation, the penalty level is The fine will be 2 times the fine for individuals. So the maximum fine for an individual who is an employer when committing a violation is 2 million VND and for an organization is 4 million VND. In addition, the employer will also be subject to remedial measures, which is to pay this subsidy to the employee.

3. Conditions for being able to rest and recover after injury:

According to the provisions of Article 54 of the Law on Occupational Safety and Hygiene 2015, the convalescence and recovery after injury of workers will be regulated with the following contents:

 During the process of participating in work, the employee must undergo treatment to stabilize injuries caused by work accidents or occupational diseases. During the first 30 days of return to work, health monitoring will still be carried out. If you find that your health has not recovered to its original level, you can take leave to recuperate and recover for a period of 5 to 10 days in case of a work accident or occupational disease;

– The Law on Occupational Safety and Hygiene also emphasizes the case if the employee has not received a conclusion on the assessment of work capacity decline from the Medical Examination Council within the first 30 days of returning to work. The employee is still guaranteed this right and is entitled to a convalescence and health recovery regime for the employee after completing treatment for injuries and illnesses according to regulations if the Assessment Council The medical profession has made an official conclusion about the possibility of labor decline of workers who will be eligible for accident and occupational disease insurance.

At the same time, according to the provisions of Clause 1, Article 7, Circular 59/2015/TT-BLDTBXH also stipulates convalescence and health recovery after illness as follows: Even though employees are entitled to sick leave, pain for 30 days or more in a year, including cases where the employee has a disease on the list of diseases requiring long-term treatment issued by the Ministry of Health, after returning to work within the first 30 working days. If you find that your health has not recovered, you are still entitled to rest and recuperate according to the provisions of Article 29 of the Law on Social Insurance;

According to current law, the level of health recovery benefits after occupational accidents and diseases will be based on Article 54 of the 2015 Law on Occupational Safety and Health, specifically with a one-day benefit rate. equal to 30% of base salary. The base salary applied from July 1, 2023 is 1.8 million VND and this salary will be applied until the implementation of the new salary regime expected on July 1, 2024. Thereby The benefit level for convalescence and recovery after a work accident is calculated according to the formula: Benefit level = (30% × base salary) × number of days off

With the above regulations, the regulations on convalescence to serve the health of employees are always emphasized and ensure maximum benefits to ensure the health of employees so they can continue to work and contribute. .

Legal documents used in the article:

– Law on Occupational Safety and Hygiene 2015;

– Decree No. 12/2022/ND-CP of the Government: Regulations on sanctions for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.