Chương IV Nghị định 39/2016/NĐ-CP: An toàn, vệ sinh lao động đối với lao động là người cao tuổi, người lao động thuê lại, học sinh, sinh viên, người làm việc trong lĩnh vực nghệ thuật, thể dục thể thao

Chapter IV

OCCUPATIONAL SAFETY AND SANITATION FOR THE EMPLOYEES AS ELDERLY, RE-EMPLOYED EMPLOYEE, PUPILS, STUDENTS AND PERSONS WORKING IN THE FIELD OF ARTS AND SPORTS

Article 29. Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs

1. Only employ the elderly employees to perform the heavy, dangerous and hazardous trades and jobs which badly affect their health when meeting the following conditions:

a) The elderly employee must have experience with seniority of full 15 years or more in which there is at least 10 consecutive years of practice before the time of signing labor contract with the elderly employee;

b) The elderly employee must have high professional skills and certificate or be recognized as artisan according to the regulations of law; the employer must carry out the examination and testing before signing labor contract;

c) The elderly employees must be physically fit according to health standards issued by the Ministry of Health after the comments of the specialized ministry corresponding to the heavy, hazardous and dangerous trades and jobs and their health must be checked up at least 02 times 01 year;

d) Only employ each elderly employee for not more than 05 years;

dd) There must be 01 employee who is not the elderly employee to work together with the elderly employee when performing work at a workplace;

e) The elderly employee has to submit application for voluntary work to the employer to review before signing labor contract.

2. The employer has a need to employ the elderly employee for heavy, dangerous or hazardous trades and jobs must make a plan and send it to the Ministry having authority to manage the sector with the following basic contents:

a) Title of trades and jobs with the description of characteristics and working conditions of trades and jobs employing elder employees;

b) Recommendations and evaluation of each specific condition for employing elder employees specified in Paragraph 1 of this Article.

3. The line ministry stipulates the title of heavy, hazardous and dangerous trades and jobs which can employ elderly employees and specific conditions in the sectors and areas under its management.

4. The employment of elderly people for heavy, dangerous or hazardous trades and jobs must follow the provisions in Paragraphs 1, 2 and 3 of this Article like the employment of elderly employees for heavy, hazardous and dangerous trades and jobs.

Article 30. Contents of occupation safety and sanitation in the re-employment contract between the re-employment provider and the re-employment party

1. In the re-employment contract between the re-employment provider and the re-employment party as stipulated under Point a, Paragraph 1, Article 65 of the Law on occupational safety and sanitation including the following main contents:

a) Checkup before work or position placement, periodical checkup and occupational checkup;

b) Training about occupational safety and sanitation;

c) Occupational personal protection equipment

d) Notification, investigation, statistics and report on occupational accident or occupational disease;

dd) Benefits for the re-employed employee who has occupational accident or occupational disease;

e) Coordinate and inspect the re-employment party to ensure the occupational safety and sanitation for the re-employed employee;

2. The contents of occupational safety and sanitation in the re-employment contract must ensure the following principles:

a) There must not the rights and interests lower than the contents specified in the labor contract which the re-employment provider has signed with the re-employed employee;

b) The contents to ensure the occupational safety and sanitation for the re-employed employee must not be lower than the employee of the re-employment party in the same working conditions.

Article 31. Responsibility of re-employment provider

Responsibility for ensuring the occupational safety and sanitation of the re-employment provider specified in Paragraph 1, Article 65 of the Law on occupational safety and sanitation is as follows:

1. Must ensure all rights and interests of the re-employed employees under the responsibility of the employer as stipulated in the Law on occupational safety and sanitation. Where the re-employment party does not commit or fully follow its commitment about ensuring the occupational safety and sanitation in the signed re-employment contract, the re-employment provider must take responsibility in ensuring all rights and interests of the re-employed employees.

2. Coordinates with the re-employment party in investigating the occupational accident which injure mildly or seriously 01 re-employed employee under the authority of the grassroots occupational accident investigation Team; carries out the benefits for the employee who has occupational accident or occupational disease as specified in Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 38 and 39 of the Law on occupational safety and sanitation;

3. Retains dossiers of occupational safety and sanitation related to the re-employed employee; reports the occupational accident or occupational disease in accordance with the provisions in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree;

4. Informs the re-employed employee of the contents to ensure the occupational safety and sanitation in the re-employment contract; appoints employee to regularly monitor, coordinate and inspect the occupational safety and sanitation assurance for the re-employed employee of the re-employment party;

5. Fully follows other commitments about the occupational safety and sanitation under the responsibility of the re-employment provider specified in the re-employment contract.

Article 32. Responsibility for ensuring the occupational safety and sanitation of the re-employment party for the re-employed employee

The responsibility for ensuring the occupational safety and sanitation of the re-employment party is stipulated as follows:

1. Implements the employer’s responsibility and power for the occupational safety and sanitation in accordance with the provisions in Article 17 of the Law on occupational safety and sanitation and the guiding contents in this Decree; do not discriminate on occupational safety and sanitation to the re-employed employee compared with its employees.

2. Follows the regulation on personal protection equipment in work; general checkup and checkup for detection of occupational disease for the re-employed employee as stipulated in Article 21 and 22 of the Law on occupational safety and sanitation.

3. Informs and provides instructions for the re-employed employee on labor rules, dangerous and harmful factors and the measures to ensure the occupational safety and sanitation at the workplace.

4. Provides training on occupational safety and sanitation for the re-employed employee as stipulated in Article 14 of the Law on occupational safety and sanitation. Where the re-employment provider has provided the training for the re-employed employee, the re-employment party shall provide additional training of contents in line with the reality and working conditions at the re-employed employee workplace like the instructions to the re-employment party’s employees.

5. Upon the occurrence of occupational accident or technical incident causing the occupational unsafety and sanitation for the re-employed employee, the re-employment party must:

a) Provides timely first-aid and emergency for the victim:

b) Notifies the accident as stipulated in Article 34 of the Law on occupational safety and sanitation and Paragraph 1, Article 10 of this Decree.

c) Establishes the grassroots occupational accident investigation Team for the accidents under the authority as stipulated in Paragraph 1, Article 11 of this Decree; coordinates with the re-employment provider for occupational accident investigation; implements the benefits for the affected employee in line with the commitments in the re-employment contract.

6. When detecting the re-employed employee has occupational disease, the re-employment party must notify immediately the re-employment provider to implement the benefits for such re-employed employee in line with the commitments in the re-employment contract.

7. Summarizes the reality of occupational accident and occupational disease of the re-employed employees and sends it to the re-employment provider to make periodical report as stipulated in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree.

8. Retains, copies and sends dossiers of occupational safety and sanitation related to the re-employed employee to the re-employment enterprise;

Article 33. Support from educational establishments and vocational establishments for pupils and students who have occupational accident during their practice

The responsibility of educational establishments and vocational establishments for pupils and students who have occupational accident during their practice specified in Paragraph 3, Article 70 of the Law on occupational safety and sanitation is provided for as follows:

1. Promptly provide first-aid and emergency for affected pupils and students.

2. Pays medical fees from first-aid and emergency to stable treatment for the affected pupils and students as follows:

a) Pays in advance and pays the co-payments and the expenses not included in the list paid by the health insurance for pupils and students who participate in health insurance;

b) Pays all medical expenses for pupils and students who do not participate in health insurance;

3. Introduces the affected pupils and students for medical examination to determine the body injury at the medical examination Council and pays the fees of consultation and examination of body injury.

4. Provides one-time assistance in cash for the affected pupils and students as follows:

a) At least equal to 0.6 time of base salary in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive additional 0.16 time of base salary in case of working capacity reduction from 11% to 80%;

b) At least equal to 12 times of base salary for pupils and students with working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accident;

c) Implements the assistance to the affected pupils and students within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to accident.

5. The dossier and procedures for the affected pupils and students to receive the assistance of the educational establishments and vocational establishments are in accordance with the provisions in Paragraphs 2, 3 and 4 of this Article like the dossier and procedures for the affected employee to receive the allowance from the employer.

6. In case the pupils and students are the employees who are sent to study by the employer, the educational establishments and vocational establishments must:

a) Implement the responsibility for the pupils and students as stipulated in Paragraph 1 of this Article;

b) Coordinate with the employer to notify, investigate and report the occupational accident in accordance with the provisions in the Law on occupational safety and sanitation and this Decree.

Article 34. Occupational safety and sanitation for employees working in the field of arts and sports

1. The occupational safety and sanitation assurance, development and compliance with policies and benefits of occupational accident or occupational disease for the employee working in the field of arts and sports must be in line with the occupational characteristics according to the following basic factors:

a) Age, seniority, process of trade learning and apprenticeship;

b) Time and location of practice, training, competition, performance;

c) Salary, remuneration, social insurance;

d) Other objective conditions such as weather and audiences.

2. Based on the provisions in Paragraph 1 of this Article, the Minister of Culture, Sports and Tourism providing for the occupational safety and sanitation for the employees working in the field of arts and sports after having the agreement from the Minister of Labor - Invalids and Social Affairs.