Chương II Nghị định 37/2016/NĐ-CP: Quỹ bảo hiểm tai nạn lao động, bệnh nghề nghiệp và một số chế độ khi bị tai nạn lao động, bệnh nghề nghiệp

Chapter II

INSURANCE FUND FOR OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES AND CERTAIN BENEFITS FOR VICTIMS OF OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 4. Insurance premium rates and payment methods made by employers

Insurance premium rates made to the insurance fund for occupational accidents and occupational diseases prescribed in Clause 3 Article 44 of the Law on occupational safety and hygiene are regulated as follows:

1. Every month, an employer shall make the following contributions:

a) 1% of their salary fund which is the basis for paying social insurance premiums for employees prescribed in Points a, b, d, dd and e Clause 1 Article 2 of this Decree.

With regard to employers being enterprises, cooperatives, business households or cooperative groups that engage in agriculture, forestry, fishery or salt industry and pay product-based or piecework-based salaries, the contribution specified in this point may be made on the periodical basis of every month, every 03 months or every 06 months.

b) 1% of the statutory pay rate for employees prescribed in Point c Clause 1 Article 2 of this Decree.

2. As of January 01^st, 2018, the Government shall decide other premium rates which are lower than those prescribed in Clause 1 of this Article.

Article 5. Policies on insurance for occupational accidents and occupational diseases for an employee who concludes labour contracts with multiple employers

Policies on insurance for occupational accidents and occupational diseases for an employee who concludes labour contracts with multiple employers as prescribed in Clause 2 Article 43 of the Law on occupational safety and hygiene are as follows:

1. Receive monthly or one-time payment of benefits for occupational accidents or occupational diseases which is calculated according to the sum of salaries which are the basis for making contributions to insurance fund of occupational accidents and occupational diseases of all labor contracts at the time when the occupation accident or occupation disease occur provided that such amount of benefits shall not exceed the maximum amount regulated by the law on social insurance.

2. Receive supports for career change; examination and treatment of occupational diseases; training in occupational safety and hygiene and occupational health rehabilitation as regulated in this Decree and other social insurance benefits as regulated by the law on social insurance.

Article 6. Medical assessment for employees who suffer from occupational disease when they have retired or no longer do the jobs posing risk of occupational diseases

Policies for employees who have retired or no longer do the jobs posing risk of occupational diseases but suffer from occupational diseases as regulated in Clause 2 Article 46 of the Law on occupational safety and hygiene are as follows:

1. If entities prescribed in Clause 3 Article 2 of this Decree suffer from occupational diseases caused by harmful elements of previous jobs within occupational disease coverage period from the date on which they retire, make change in occupation or quit job, they shall actively conduct medical examination and assessment of decreased working capacity upon occupational diseases.

2. Persons who suffer from occupational diseases as prescribed in Clause 1 of this Article shall be eligible for receiving supports for fee for examination and treatment of occupational diseases from the insurance fund for occupational accidents and occupational diseases as prescribed in Clause 1 and Clause 2 Chapter IV of this Decree.

3. Documents on occupational disease benefits for an employee who suffers from occupational disease when he/she has retired or no longer does the job posing risk of occupational diseases shall consist of:

a) The social insurance book if the employee still does a job or the copy of decision on retirement benefits if the employee has retired;

b) Occupational disease examination documents;

c) Written record on medical assessment of decreased working capacity made by the Medical Assessment Council;

d) The application form for paying occupational disease benefits.

4. Procedures and documents about monthly or one-time payment of occupational disease benefits shall comply with guidelines of Minister of Labour – Invalids and Social Affairs.

5. Coverage period of each occupational disease and procedures, documents for medical assessment of decreased working capacity for employees shall comply with guidelines of Minister of Health.