Chương IV Luật an toàn vệ sinh lao động 2015: Bảo đảm an toàn, vệ sinh lao động đối với một số lao động đặc thù

Chapter IV

OCCUPATIONAL SAFETY AND HYGIENE ASSURANCE APPLICABLE TO PARTICULAR EMPLOYEES

Article 63. Occupational safety and hygiene applicable to female, minor or disabled employees

The occupational safety and hygiene applicable to female, minor or disabled employees shall comply with the Labor Code, Law on disabled people and this Law.

Article 64. Requirements for employment of elderly employees in heavy, harmful or dangerous occupations

1. An elderly employee shall only be employed in heavy, harmful or dangerous occupations or serious heavy, harmful or dangerous occupations that adversely affect their health if all requirements are satisfied:

a) The elderly employee has experience and professional skills with at least 15 years’ seniority; has professional certificates or recognized as a craftsman as prescribed;

b) The elderly employee has good health to work heavy, harmful or dangerous occupations according to the health standards promulgated by the Minister of Health with the consent of specialized Ministries;

c) The elderly employee has been employed for within 05 years;

d) There is at least one employee other than an elderly employee work with the elderly employee together;

dd) The elderly employee voluntarily work those occupations.

2. The Government shall provide guidance on this Article.

Article 65. Occupational safety and hygiene applicable to employee leasing

1. A subscribing enterprise must:

a) Agree with the leasing enterprise about respect for the right of leasing employees to have safe and hygienic working conditions provided that they are not lower than lawful rights and interests of employees of the leasing enterprise who have the same qualifications and same works; conclude an employee leasing and fulfill obligations of the employers as prescribed in the Labor Code and this Law;

b) Cooperate and inspect the implementation of occupational safety and hygiene applicable to the leasing employees carried out by the leasing enterprise. In case the leasing enterprise fails to fulfill all commitments to occupational safety and hygiene as mentioned in the employee leasing concluded, the subscribing enterprise shall be responsible for rights and interests of the leasing employees;

c) Keep record of occupational safety and hygiene related to the leasing employees; and send reports on occupational accidents or occupational diseases as prescribed in Article 36 and Article 37 of this Law.

2. A leasing enterprise must:

a) Fulfill all commitments as mentioned in the employee leasing; and do not discriminate between the leasing employees and their employees in terms of occupational safety and hygiene;

c) When a leasing employee has an occupational accident or a safety threat, he/she must be received first aid and emergency aid, and the leasing enterprise must inform the subscribing enterprise, and report and conduct an investigation as prescribed in Article 34 and 35 of this Law;

c) Provide training in occupational safety and hygiene for the leasing employees as prescribed in this Law, unless the subscribing enterprise has provided such training for the leasing employees; and send reports on occupational accidents or occupational diseases involved by the leasing employees to the subscribing enterprise twice or once a year;

d) Cooperate with the subscribing enterprise in investigation into occupational accidents; and keep record of documents on occupational safety and hygiene related to the leasing employees.

3. The leasing employees must comply with internal regulations, process and measures for assurance of occupational safety and hygiene of the leasing enterprise.

4. The Government shall provide guidance on occupational safety and hygiene in terms of employee leasing; responsibility of subscribing enterprises and leasing enterprises for leasing employees, respect for rights and interests of leasing employees in accordance with the Labor Code and this Law.

Article 66. Occupational safety and hygiene applicable to workplace having employees of multiple employers

With regard to the workplace having employees of multiple employers, the project owner or the investor shall request the employers to conclude an agreement on allocation of responsibility for employees in terms of occupational safety and hygiene and send persons to cooperate with them in inspection of occupational safety and hygiene.

Article 67. Occupational safety and hygiene applicable to Vietnamese employees working abroad

1. Vietnamese employees working abroad prescribed in this Article consist of Vietnamese employees sent by their employers and worked under agreement as prescribed in the Law on Vietnamese employees working abroad under agreement.

2. The employer must comply with regulations on occupational safety and hygiene of home country and following regulations:

a) Carry out sufficient measures for occupational safety and hygiene, the insurance benefits and responsibility of employers for employees prescribed in this Law; if regulations of the home country on such benefits are more favorable to employers, those regulations shall apply;

b) Cooperate with competent agencies of the home country in investigations into accidents or injuries involved by the employees;

c) Provide documents related to the fatal or serious occupational accidents for Occupational Safety and Hygiene Inspectorate of provinces of Vietnam where the premises of the employer are located.

3. Each Vietnamese employee working abroad must comply with Vietnam legislation, home country legislation, unless otherwise prescribed by the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 68. Occupational safety and hygiene applicable to domestic workers

1. Each employer must give instructions on how to use machinery, equipment or devices, in measures for fire safety in the house related to works of their domestic workers; and ensure safety and healthcare for their domestic workers.

2. Domestic workers must conform to instructions on how to use those machinery, equipment or devices and practice fire safety.

3. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on occupational safety and hygiene applicable to domestic workers.

Article 69. Occupational safety and hygiene applicable to work-from-home employees

1. When an employee concludes an agreement on work-from-home with an employer, the employee should base on the assurance of occupational safety and hygiene offered by the employer.

2. When the employee has an occupational accident when working from home, the employee or their relatives shall immediately report to the employer.

If the victim has bought the insurance, he/she shall be entitled to the insurance benefits as prescribed in this Law.

If the employee suffering from the occupational accident is not required to buy the insurance, the employer shall ensure the interests of the employee as prescribed in Clause 1, 2, 3, 4, 5, 6, 7, 8 and 10 Article 38 of this Law.

3. The employer must inspect workplace of work-from-home employees; fulfill commitments as mentioned in the agreement concluded with the employee; and send reports on occupational accidents involved by the employee together with the reports prescribed in Article 36 of this Law.

Article 70. Occupational safety and hygiene applicable to students, apprentices, and interns

1. Educational institutions and vocational institutions shall ensure requirements for occupational safety and hygiene applicable to students, apprentices during their practice duration similarly to the employees prescribed in Article 15, 15, 18, 19, 20, 23, 24, 25 and Clause 1 Article 27 of this Law.

2. The employer shall implement regulations on occupational safety and hygiene applicable to apprentices and interns similarly to the employees prescribed in this Law, including cases in which they have occupational accidents.

3. During the practice duration, students, apprentices must comply with regulations on occupational safety and hygiene promulgated by the educational institutions or vocational institutions.

If a student has an occupational accident during the practice duration, he/she shall receive benefits as prescribed by the Government.