Chương III Nghị định 37/2016/NĐ-CP: Hỗ trợ đào tạo chuyển đổi nghề nghiệp cho người lao động bị tai nạn lao động, bệnh nghề nghiệp

Chapter III

TUITION SUPPORTS FOR ATTENDING TRAINING COURSES FOR CAREER CHANGE OF VICTIMS OF OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 7. Conditions for supports for career change of victims of occupational accidents and occupational diseases when they return to work

Employees shall receive tuition support for attending training courses for change in occupations after they have had occupational accidents or suffered from occupational diseases as regulated in Article 55 of the Law on occupational safety and hygiene if all of the following conditions are satisfied:

1. The level of working capacity decrease upon occupational accidents or occupational diseases is at least 31%;

2. Employees need to attend training courses for holding new job positions which are appointed by employers in conformity with the health and expectations of employees.

Article 8. Support rate and authority to decide tuition support for attending training course for career change

1. The tuition specified in Clause 2 Article 55 shall be calculated on the basis of prices of occupational training services regulated by competent state agencies.

2. Departments of Labour – Invalids and Social Affairs shall decide specific support amount for each entity provided that such support amount shall not exceed 50% of tuition and 15 times the statutory pay rate.

Article 9. Application for tuition support

1. The written request for tuition support for attending training course for career change of employee who suffer from occupation accident or occupational disease, made by the employer according to the form promulgated by Minister of Labour – Invalids and Social Affairs.

2. Copies of payment vouchers of tuition of the training course as regulated.

Article 10. Procedures for processing application for tuition support for attending training course for career change

1. The employer shall submit the application prescribed in Article 9 of this Decree, together with originals of payment vouchers for comparison, to Department of Labour – Invalids and Social Affairs.

2. Within 05 working days from the date on which the valid application is received, Department of Labour – Invalids and Social Affairs shall decide the support amount. In a case of refusal to give support, the Department of Labour – Invalids and Social Affairs shall specify its reasons in writing.

3. Within 05 working days from the date on which the decision on tuition support, the social security agency shall give tuition support for attending training course for career change of relevant employee.