Circular No. 124/2015/tt-Bqp: Guide Implementation Of The Regime Of Compensation, Benefits And Medical Costs For The Subjects Working In The Army Being Labour Accidents, Occupational Disease

Original Language Title: Thông tư 124/2015/TT-BQP: Hướng dẫn thực hiện chế độ bồi thường, trợ cấp và chi phí y tế đối với các đối tượng làm việc trong quân đội bị tai nạn lao động, bệnh nghề nghiệp

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
DEFENSE MINISTRY
Number: 124 /2015/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 9, 2015

IT ' S SMART

Guidelines for the implementation of the compensation regime, subsidies and medical expenses to

the subjects working in the military suffered from labor accidents, occupational diseases. p

__________________________

The Labor Code base on June 18, 2012;

Base of Protocol 45 /2013/NĐ-CP 10 May 2013 of the Government rules out certain provisions of the Labor Code of the time of work, time of rest and safety of labor, labor hygiene;

Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Defense;

On the recommendation of the President of the Political Bureau,

The Minister of National Defense issued the Compensation Guidelines, subsidies, and medical costs on subjects working in the Army, occupational diseases, and occupational diseases.

What? 1. The adjustment range

This information instructs the implementation of the compensation regime, subsidies and medical expenses of the agency, unit, business, public career units for working objects in the Army, occupational diseases.

What? 2. Subject applies

1. The agencies, units, businesses, the public career units in the Army have the use of labor (the following are collectively employed by the employer).

2. Soldier, civil service, workers, defense officials, who works as a salary factor as for the servicemen and labourers who work under the contract regime (including apprentiers, apprenties, trials) belonging to the agencies, units, businesses, units, etc. The public career in the Army suffered from a labor accident, occupational illness (later known as labourers).

3. This information does not apply to the cases where the worker rules in Clause 2 This is injured, sacrificing recognition as a wounded soldier.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Labor accident: An accident occurred due to the impact caused by dangerous, toxic factors in labor or attached to the labor process, causing damage to any department, the function of the worker ' s body, which impaired the ability to labor or cause death. In training, work, learning, labor, manufacturing, or activities associated with the task of duty, accidents occur during the break-in, eating between shifts, food fostering, menstrual hygiene, bath, breastfeeding, toilet, toilet, preparing and ending work at work or accident happening at the venue and the reasonable time when workers go from where to work, from where to work, where they are. work on the residence (even when addressing the necessary needs during the working period under the regulation of the Labor Code).

2. occupational illness: Being a disease that is caused by the harmful labor conditions of a career that affects workers in the category of occupational diseases by the Ministry of Health and the Ministry of Labor-Trade and Social Affairs (Annex 1 accompanied by this Information).

What? 4. Conditions, principles, labor accident compensation levels, occupational diseases and ...

1. The worker condition is compensated

a) A worker with a labor accident reduces the ability of labour from 5% or dead, except for the specified case at the point of A 1 Article 5 of this message;

b) The worker who suffers from an occupational illness according to the conclusion of the Medical Appraisal Council or of the competent forensic agency, is compensated in the following cases:

-Being killed by occupational illness while working or before transferring to another job, before quitting, before losing his job, before retirement;

-impaired labor from 5% or more due to occupational diseases according to the implementation of a periodic occupational disease (prescribed by the Ministry of Health).

2. The principle of compensation

a) The compensation for workers in the labor accident is done once. The accident of the labourers occurred during the accident, and did not gather the accidents that had happened since the previous times.

b) The compensation for the worker with the occupational illness is done each time following the following regulation:

-First time based on the level (%) attenuation of labor capacity (body injury rate) in the first examination;

-From the second time onwards the base to the level (%) decreases the likelihood of increased labor to compensate for the level difference (%) attenuation of the labor capacity compared to adjacent results.

3. The compensation level

The compensation level for persons with labor accidents, occupational illness stipulated at the point a, b 1 This is calculated as follows:

a) At least 30 months of wages for labourers are impaired by employment from 81% or to the worker's relatives when workers are killed as a result of labor accidents, occupational diseases;

b) At least 1.5 months of wages for people are debilable from 5% to 10%; if suffering from 11% to 80% increase in labor, one percent increase will be added to 0.4 months of formula under the formula below or on the table at the Annex. Two of these are accompanied by this message:

Tbt = 1.5 + {(a-10) x 0, 4}

In it:

-Tbt: The compensation level for the impaired worker from 11% or more.

-1.5: The compensation level when declining labor capacity from 5% to 10%;

-a: Level (%) attenuation of the labor capacity of persons with labor accidents, occupational illness;

-0.4: The compensation system in the decline of labor increased by 1%.

Example:

-Comrade Nguyen Van A suffers from occupational illness, health examiner for the first time determining a decline in labor capacity of 15%. The first compensation level for comrade A is as follows:

Tbt = 1.5 + {(15-10) x 0, 4} = 3.5 (month of salary).

-periodically, the second A health examiner, the decline in labor capacity was determined to be 35% (the decline in labor capacity was increased compared to the first 20%). The second compensation for the Nguyễn Văn A comrade was:

Tbt = 20 x 0.4 = 8.0 (wage month).

What? 5. Conditions, principles, labor accident subsidies

1. The worker condition is subsidied

Workers with labourers have impaired the ability to work from 5% or more or die in the following cases:

a) The labor accident that the cause of the accident was completely caused by the worker ' s own fault following the conclusion of the labor accident investigation;

b) The accident occurs on the worker when traveling from where to work or from work on location at the site and the reasonable time (the case of the case solving the accident of the public office or the Military Criminal Investigation Agency or the confirmation paper of the government). The local government was in the accident.

2. The principle of grant

The subsidy was done once; the labor accident occurred once again carrying out the allowance, not a total of the accidents that had happened since previous times.

3. Level Assistant

a) At least a 12-month salary for labourers is impaired labour capacity from 81% or to the worker ' s relatives when workers are killed as a result of labor accidents;

b) At least by 0.6 months of wages for people who are debilable from 5% to 10%; if there is a decline in labor capacity from 11% to 80%, the table is subject to a compensation level at Annex 2 issued by this index or by the following formula. Here:

Ttc = Tbt x 0.4

In it:

-Ttc: The grant level for workers is impaired in labor capacity from above 10% or more (unit counts: Month of salary);

-Tbt: The compensation level for the attenuation of workers from above 10% or more.

Example 2:

-Comrade Chen Văn B suffered from a first labor accident issued by comrade B in violation of the safety of the labor safety, not due to anyone else's fault. The health examiner determined that the decline in the TB capacity of the B comrade was 15% due to this accident. The first level of grant for comrade Chen Wen B was:

-Ttc = Tbt x 0.4 = 3.5 x 0.4 = 1.4 (month of salary).

-Next time comrade B is in an accident when it comes from work where the residence is (investigated and identified as belonging to the prescribed allowance at Clause 1 Article). The health examiner determined the decline of the labor capacity due to this accident was 20%, the second level grant for comrade Chen Wen B was:

-ttc = Tbt x 0.4 = 5.5 x 0.4 = 2.2 (month of salary).

What? 6. Compensation, Allowance in exceptional cases

1. The case of labourers is in an accident when carrying out the task or following the legal practice of employers outside of the scope of the agency, unit, business, the public career unit, if the fault of the other person (not itself). The worker who was in an accident caused or did not identify the person who caused the accident, the employer still has to compensate the worker in accordance with the provisions of this Article 4.

2. The case of labourers is an accident when travelling from where to work or from work on location at location and time reasonable, if the fault of others (not the injured labourers itself) causes or does not identify the person. The employer still has to subsidim the employer by regulation at Article 5 of this.

3. Cases of employers who have purchased accident insurance for people with labor accidents at insurance business operations units, the person with labor accidents is entitled to pay compensation payments, contract subsidies signed with the unit, the report said. Insurance business. If the amount that the insurance business unit pays for the person with labor accidents is lower than the regulation rate at Article 4, Article 5 This Smart, the employer must pay the missing part to the total amount of people who suffer from the labor or family accidents. People with labor accidents receive at least the same level of compensation, the allowance is regulated at Article 4, Article 5 of this.

What? 7. Money as a base for compensation, labor accident allowance, occupational illness.

1. Money as a base for compensation or a labor accident allowance, occupational illness is the average monthly salary of six months before the labor accident occurs or before occupational illness. If the time of work, apprentiring, practice, trial, exercise is not enough for six months, the wage is a compensation basis, the pension is the average monthly salary of the months before the accident of labor, when the time is determined. Occupational illness.

2. The prescribed monthly wage at paragraph 1 This Article is specified specifically for each object as follows:

a) For labourers who pay wages from the state budget, wages as compensation for compensation, employment in labor accidents, occupational illnesses are the rank of rank, office allowance, career allowance, occupational allowance (if only) Yes);

b) For workers working on a labor contract, wages as a base for compensation, employment of labor accidents, occupational diseases are paid on the labor contract, including salaries according to job, title, and allowable allowance. pay (if any);

c) For workers who are in the time of apprenstie, practice in institutions, organizations, businesses that have no vocational salaries, the practice, the salaries of the wage base, the labor accident allowance, the occupational illness is the minimum wage. The government of the government announced at the site of employment; the agency, the organization, the business has a vocational salary, the practice, the salaries of the wage base, the allowance for the worker in the time of apprentiing, the practice. I mean, the job is an apprenstive, the work done by the two parties.

d) For the worker who is in the time of trial, the practice is that the wage base is the compensation base, the labor accident allowance, occupational illness is a trial wage due to the two parties agreed by regulation at Article 28 of the Labor Code. The salaries are due to the authority of the competent authorities.

For workers who have a monthly fee, the base for compensation, the labor accident allowance, the occupational illness is charged with 2 months of government-based wages at the time of the labor accident or at the time of the accident. The point of being identified with occupational diseases.

What? 8. Profile, process and time of settlement resolution, allowable allowance.

1. File

The profile is set up in 3 sets: The unit of employment holds 1 sets; the person with a labour accident or occupational illness (or the worker ' s patient who is killed) holds 1 sets; send a subordinate unit policy body to the Ministry of 01 for inspection, management or presentation. Competent authorities make the decision to do the mode, namely:

a) Records for the person with a labor accident

-The labor accident investigation of the regiment's (equivalent) return.

-The report provides a decline in the labor capacity due to the labor accident of the Board of Medical Jurisdiction Under Decision of the 1636 /QĐ-QP on 5 October 1996 by the Ministry of Defence that regulates the medical examiner in the Army.

-The current examination of the crime scene and the traffic accident scheme (copy) for the case of a traffic accident identified as a labor accident.

-The death certificate or the death certificate for the case of death or the Court's death claim to the case of disappearance.

-Compensated for compensation, a sample allowance at Annex 3 with this.

b) Records for people with occupational diseases

-recurring medical records; medical records and treatment of occupational diseases (if any); the border determines the toxic environment.

-The border identifies the deceased worker due to occupational illness by the French agency or the Periodic Border determination of the degree of labor impairment due to occupational illness of the Council of Medical Appraisal in accordance with Decision No. 1636 /QĐ-QP dated 05 October 1996 of the Ministry of Defense regulates the medical examiner in the Army.

-Certificate of HIV exposure due to occupational risk accidents on cases of workers infected with HIV due to occupational risk accidents (according to the prescribed form) 120 /2008/QĐ-TTg The Prime Minister's August 29, 2008, on August 29, 2008, on the regulation of the condition that the person is exposed to HIV, is infected with HIV due to a career risk accident.

-The compensation decision of the issued authority in Appendix 4 is accompanied by this message.

2. Profile programming, review and decision making.

a) When the worker suffers from a labor accident or occupational illness, the Premier of the Regiment (or equivalent) returns or the Director of Enterprise to establish a labor accident investigation; set and provide relevant records; co-filing, gender-based, and profile. The organization for workers to take care of the health care system in decline of labor capacity (a time-based filing with the medical examiner's profile to carry out the social insurance regime on labor accidents, occupational diseases), in coordination with the Council of Medical Sciences. the authority to organize the monitoring of the degree of impairment of labor capacity for the subject; or in coordination with the French agency for the release of the deceased worker. Labor accident, occupational illness.

b) The deputy head of the subordinate department of the Ministry of the decision making the implementation of the compensation regime, the grant to the object of the expected bloc. A business director or a unit leader directly makes the decision to execute the compensation regime, the assistant to the object of the accounting bloc.

3. Time resolution resolution

a) The compensation decision, the allowance of the prescribed jurisdiction over the person with a labor accident, the occupational illness must be completed in the 5-day period of work since the date of the prescribed Border of the Board of Medicine or the French agency. It was a fatal accident.

b) Compensation, allowance must be paid once for persons with labor accidents, occupational illness or their relatives for a period of five days from the day the employer makes decisions for compensation, subsidies.

What? 9. Medical expenses

1. For workers involved in the mandatory health insurance, employers must pay the cost of the dollar medical costs and the costs that are not in the category due to the health insurance paid from the evacuation, the emergency comes when the treatment is stable for the worker. He had a labor accident or a occupational illness.

2. Encouraging employers to pay medical costs for the cases of affected workers, other illnesses are associated with labor.

What? 10. The organization performs

1. The employer enhpowers the measures to improve labor environment conditions, prevarable measures to limit the maximum of labor accidents, occupational diseases. Regularly taking health care to the worker; periodically holding a health exam to detect cases of occupational illness, in time to organize treatment; the organization monitors the level of labor impairment to carry out the compensation regime in accordance with the law. I'm going to show

2. The head of the agency, the unit, the Director of Businesses responsible for implementing the implementation; decision making the decision to implement the compensation regime, the employment of labor accidents, occupational diseases for the prescribed subject matter.

3. The Army medical examiner ' s board of the medical examiner for labour accident, occupational illness by regulation at Decision No. 1636 /QĐ-BQP on October 5, 1996 of the Ministry of Defense; executed at the same time as the judge, resolution of the regime. Social insurance; it also provides a further 03 Border Health Accident Medical Examiner, occupational illness to perform compensation or subsidy.

4. Compensation Levels, the regulatory allowance at this level is the minimum, which encourages employers to perform compensation, subsidizations for workers with labor accidents, occupational diseases at higher levels of regulation at this level.

5. The person with a labor accident, occupational illness since July 1, 2013, which has decreased labor capacity from 5% to less than 81%, has been entitled to compensation, the employment of labor accidents, the prescribed occupational illness. Employers who are responsible for filing procedures, procedures for the procedure by regulation.

6. For the agency, the unit of the bill of compensation funding, subsidies, medical costs for workers with a labor accident, occupational illness is charged at the agency ' s annual regular funding, unit; the decision in accordance with the guidelines of the Bureau. The Department of Defense, Section 460, Clause 468, Section 7250, Section 7255, Section 00, Section 00 in the State Budget Item system applies in the Army.

For the business, the career unit established a source of funding for compensation, subsidies, medical expenses for workers with labor accidents, occupational diseases accounting for the cost of the business, the public career unit.

7 . The subjects were compensated, subsidizated labor accidents, occupational diseases, and this was still entitled to the social insurance policy of labor accidents, occupational diseases (if there was obligate social insurance) under the current regulation.

What? 11. Effect of execution

1. This message has been in effect since December 25, 2015.

The compensation regime, the guidance allowance in this Information was made since July 1, 2013.

2. Digital News 14 /2004/TT-BQP February 16, 2004 by the Secretary of Defense for the implementation of the implementation of the compensation and allowable regime for servicemen, civil service, defense workers and contract workers with labor accidents, occupational diseases all enforced since the end of the year. This private day is effective.

3. The case of law-breaking texts, the reference rules to apply in this Modified, Complementary or alternative to the new law of law, the content that is shown applies in accordance with new laws of law. Yeah.

What? 12.

1. Chief of the Chief of Staff, Chairman of the Political Bureau, commander of the agencies, units, businesses, the public career unit responsible for this private practice.

2. The execution process if there is an entangrium, the agencies, units, businesses, the career unit of the public office report on the Ministry of Defense (through the Policy Bureau/Political Bureau) to be considered, resolved ./.

KT. MINISTER.
Chief.

(signed)

General Nguyen Cheng