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Circular 28/2021/TT-BLDTBXH detailing Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases

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Circular No. 28/2021/TT-BLDTBXH dated December 28, 2021 of the Ministry of Labor, Invalids and Social Affairs detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases
Issuing bodies: Ministry of Labor, Invalids and Social Affairs Effective date: Known
Official number: 28/2021/TT-BLDTBXH Signer: Dao Ngoc Dung
Legislation Type: Circular Expired date: Updating
Issuing date: 28/12/2021 Effect: Known
Fields: Labor - Salary
Summary

Employees losing work capability of 81% or over shall receive a compensation of at least 30 months of the salary

On December 28, 2021, the Ministry of Labor, Invalids and Social Affairs issues the Circular No. 28/2021/TT-BLDTBXH detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases.

Accordingly, employees who suffer from occupational accident and lose work capability from 5% and over or relatives of employees who die due to occupational accidents shall be entitled to the allowance for occupational accident, if the occupational accident is entirely caused by such employee's own fault (based on the conclusion of the occupational accident investigation report).

Specifically, the allowance level is at least 12 months of the salary for employees losing work capability from 81% and over, or for relatives of the employees becoming fatal due to occupational accidents; at least equal to 0.6 times of the salary for employees losing work capability from 5 to 10%; etc.

Besides, compensation to persons subject to occupational accidents and diseases is at least 30 months of the salary for employees losing work capability from 81% and over, or for the relatives of the employees who become fatal due to occupational accidents and diseases; at least 1.5 times of the salary for employees losing work capability from 5-10%; etc.

Additionally, payment of compensation and allowance must be made once to the employees or their relatives within 05 days from the date on which the decision on is compensation or allowance is issued by the employer.

This Circular takes effect on March 1, 2022.

For further details of the Circular 28/2021/TT-BLDTBXH, Click here