Circular 04/2015/tt-Bldtbxh: Guide Implementation Of The Regime Of Compensation, Benefits And Medical Costs Of The Employers For The Workers Labor Accident, Occupational Disease

Original Language Title: Thông tư 04/2015/TT-BLĐTBXH: Hướng dẫn thực hiện chế độ bồi thường, trợ cấp và chi phí y tế của người sử dụng lao động đối với người lao động 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.
DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 04 /2015/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 2, 2015

IT ' S SMART

Manual execution guidelines, allowable support And the medical costs of employers.

For the labourers. g Labor accident, occupational illness. 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 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

On the recommendation of the Bureau of Public Safety;

The Minister of Labor-Trade and Social Affairs issued an advisory on the implementation of the compensation regime, the allowance and the medical costs of the employer to the labourers suffering from labor accidents, occupational diseases.

What? 1. The adjustment range

This information instructs the implementation of the compensation, subsidies, and medical costs of the employer to the worker who suffers from a labor accident, occupational illness.

What? 2. Subject applies

1. The agencies, organizations, businesses, cooperones and individuals with the use of labor (the following are collectively known as employers), including:

a) The administrative body, the career unit, the armed unit of the people;

b) Political organizations, political-social organizations, social organizations-professions, other social organizations;

c) Businesses are in all economic components;

d) Cooperate;

The agencies, foreign organizations, individuals were foreigners or international organizations based on the territory of the Socialist Republic of Vietnam;

e) The organizations, other individuals have the use of labor.

2. workers working under the contract of employment contracts and apprentiers, apprenties, testing work to work for employers (later collectively known as labourers).

3. Staff, civil service, officials, people of the people 's military forces, the citizens of the people' s military, are imposed on the same regimes as for the employer prescribed at this Smart, except for the case of law-related texts relating to each of these subjects. -Yeah.

What? 3. Labor accident compensation, occupational illness

1. The object is compensated:

a) A worker with a labor accident reduces the ability of labour from 5% or dead, except for the specified case at Point A 1 Article 4 of this Information;

b) The worker who suffers from occupational illness according to the conclusions of the Medical Board of Medicine or of the competent forensic authority, 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 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 have impaired the ability to labor from 81% or more or die from 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:

-Mr. A has a occupational illness, the first health examiner to determine the rate of labor failure of 15%. The first compensation for Mr. A is as follows:

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

Periodically, Mr. A's second health examiner has a reduced capacity of 35% to be identified as 35%. The second compensation for Mr. A is:

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

What? 4. Labor accident allowance

1. The worker who suffers from an accident reduces the ability to work from 5% or more or dies in the following cases, subsidied:

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

b) The accident occurs on the worker when traveling from where to work or from work on residence, at the location and time of reasonable (the base according to the accident resolution of the public office ' s accident or confirmation paper by local government or paper). confirmed the site of the regional security at the site of the accident.

2. The principle of subsidies: The subsidy is done each time; the labor accident occurs once again carrying out the allowance, with no addition to the accidents that have occurred since previous times.

3. Level:

a) At least a 12-month pay for labourers is impaired labour capacity from 81% or more or die due to 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 level of allowable employment for workers is impaired labour capacity from above 10% or more (unit counts: months of salary);

-Tbt: The compensation level for the attenuation of workers from above 10% or more (unit counts: months of salary).

Example 2:

-Mr. B suffered from a first labor accident because Mr. B violated the safety of the labor safety regulations, not due to anyone else's fault. The health examiner determined the decline in Mr B ' s labor capacity was 15% due to this accident. The first level allowance for Mr. B was: Ttc = Tbt x 0.4 = 3.5 x 0.4 = 1.4 (month of salary).

-The next time Mr. B was in an accident when he went from where to work on the site (which was investigated and identified as belonging to the prescribed allowance at Clause 1 Article). The health examiner determines the decline of the labor capacity as a result of this accident of 20%. The second level allowance for Mr. B is:

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

What? 5. Compensation, allowable in case of special circumstances

1. The case of labourers is involved in the execution of duty or obeying the legal practice of employers outside of the scope of the agency, the business, the organization, the cooperative, if due to the other person ' s fault (not the worker himself). The accident, or the accident, was caused or failed to determine the person who caused the accident, and the employer was still compensated for the employer by regulation at Article 3.

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 4 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 3, Article 4 of this Information, then 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 3, Article 4 of this.

4. If the employer does not close social insurance to the worker of the subject of subject to social insurance, then in addition to having to compensate, the subsidy is prescribed at Article 3, Article 4 of this Privacy, Employers have to pay social insurance on behalf of the social insurance agency for workers who suffer from labor accidents, occupational diseases like the following:

a) For workers who suffer from 5% to 30% of labor, the employer has to pay for the employment of the labor accident, occupational illness once by the provisions of the Social Insurance Act;

b) For workers who are impaired by 31% or more, employers are required to pay for a labor accident, occupational illness every month, by the regulation of the Social Insurance Act. The payout can be done once or months in accordance with the agreements of the parties.

What? 6. 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 monthly wage rate specified at 1 This Article is specified specifically according to each object as follows:

a) For the public, the officer, the people of the people's army, the citizens of the people, the salaries of the salaries of the compensation, the employment of the labor accident, the occupational illness, the rank, the office, the office allowance, the employment allowance, the seniority (if any)

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.

What? 7. Compensation Records, Assistant

1. For workers with a labour accident under the compensation subject, the regulatory allowance at paragraph 1 Article 3, Clause 1 Article 4 and Article 5 This message, the employer responsible for filing compensation records, the grant includes the following documents:

a) The report of the labor accident, which compiled the meeting of the publication of the investigation of the investigation of the labor accident by the Central Committee on the Agency, the Central Committee of the Central Committee, or the Central Committee for the Accused of Central Labor;

b) The medical examiner ' s (text determines the degree of labor impairment by the labor accident) or the identification of the deceased worker of the forensic body or the Court's death claim to the missing cases;

c) A copy of the legal value of the current examination of the site, the current case of the traffic accident of the transport public or the confirmation paper of the local government or the identification of the local government;

d) Compensation Decisions, the employment allowance of employers (according to the template at Annex 3 issued by this Information).

2. For workers with a prescribed occupational illness at 1 Article 3 This message, the employer responsible for filing a compensation profile includes the following documents:

a) The occupational illness of the labourers according to the law of the current law;

b) The border identifies the deceased worker due to the occupational illness of the forensic agency or the medical examiner ' s commission (the text that determines the degree of occupational impairment of occupational capacity due to occupational illness) and the conclusion of the Council of Medical Appraisal of Medicine;

c) The decision to compensate the occupational illness of the employer (according to the Appendix 4 issued by this Information).

3. The profile is set up into three sets, in which:

a) The employer holds a set;

b) The worker who suffers from a labor accident or occupational illness (or the body of a worker who is injured or occupational illness) holds a set;

c) A Department of Labor Department-Trade and Local Social site where the business, agency, organization has its headquarters, within 10 days, since the day of its decision to pay for a labor accident, occupational illness or labor accident allowance.

What? 8. The deadline for compensation, allowance

1. The compensation decision, the employer 's allowance for the person with a labor accident, the occupational illness must be completed in the 5-day period of work, since the date of the Board' s designation of the Medical Monitoring Council on the extent of the possibility of decline. labor for heavy labor accidents or since the date of the provincial or provincial labor accident investigation, the meeting of the publication of the report on the basis of a labor accident at the facility for fatal labor accidents.

2. The compensation, the allowance must be paid once to the worker or their relatives, for a five-day period since the day the employer makes the decision.

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. For workers who do not participate in health insurance, the employer spends all of the medical costs from the time of the rescue, the emergency comes when the treatment is stable for workers with a labor accident, occupational illness.

3. In addition to the prescribed cases at 1, 2 This, which encourages employers to pay medical costs to the cases of affected workers, other illnesses are associated with labor.

What? 10. The organization performs

1. The compensation levels, the prescribed allowance at this Notice are the minimum. The state encourages employers to perform compensation, subsidizations for workers with labor accidents, occupational diseases at a higher level than the prescribed level.

2. Compensation Costs, subsidies, medical expenses for people with labor accidents, occupational diseases are at the expense of regular operating costs, the business production costs of the agency, the business, the organization, at the same time the reasonable cost of tax, filing. the corporate income tax of the base of employers by the provisions of the Corporate Income Tax Law.

3. Compensated Subjects, subsidies, labor accident medical costs, occupational diseases according to the provisions of this Privacy are still entitled to the social insurance regime of labor accidents, occupational diseases prescribed at Social Insurance Law (if any involved in the insurance policy). Compulsory society.

What? 11. The employer ' s responsibility

1. Set up the profile and implement the compensation regime, allowable workers or relatives of the right workers according to the provisions of this Information.

2. Frequate health care regularly for workers, health examinations (the organization of examinations, take on the regulation of the degree of labor impairment); performing compensation for workers with labor accidents, occupational illness (if any); treatment, treatment, and treatment. nursing rehabilitation to workers who suffer from labor accidents, occupational diseases (if any) are deduced.
Reduced labor capacity.

What? 12. Responsible for the Department of Labor and Social Affairs

1. Coordinate with the relevant agencies, disseminyline this information to the businesses stationed on the local table.

2. Guide, inspector, test, oversee the implementation of the compensation regime, the allowance and medical costs of cases of labor accidents, the occupational illness of employers on the site.

3. Take on and save the compensation regimen, the labor accident allowance, occupational illness from the employer.

What? 13.

1. This message has been in effect since March 20, 2015.

2. Repeal Digital 10 /2003/TT-BLTBXH April 18, 2003, of the Ministry of Labor and Social Labor guidelines for the implementation of the compensation regime, subsidies for workers with labor accidents, occupational diseases.

In the course of execution if there is an entangrium, the offer reflects on the Ministry of Labor-Trade and Society for a timely direction.

KT. MINISTER.
Chief.

(signed)

Lp Yeh