Thông tư 24/2022/TT-BLĐTBXH bồi dưỡng bằng hiện vật người lao động làm việc nguy hiểm có hại

CIRCULAR

ON PERQUISITES FOR EMPLOYEES WORKING IN DANGEROUS, HAZARDOUS CONDITIONS

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to Decree No. 62/2022/ND-CP dated September 12, 2022 of the Government on functions, tasks, powers, and organizational structures of Ministry of Labor - War Invalids and Social Affairs;

At request of Director of Occupational Safety Administration;

The Minister of Labor - War Invalids and Social Affairs promulgates Circular on perquisites for employees working in dangerous, hazardous conditions.

Article 1. Scope

This Circular prescribes eligibility, levels, and rules for organizing perquisites for employees working in dangerous, hazardous conditions.

Article 2. Regulated entities

1. Employees as mentioned under Clauses 1, 2, and 4 Article 2 of the Law on Occupational Safety and Hygiene.

2. Employers as mentioned under Clause 2 Article 3 of the Labor Code.

3. Other agencies, organizations, and individuals related to the set-up of perquisites.

Article 3. Eligibility for perquisites

Employees shall be eligible for perquisites when all requirements below are met:

1. The employees working in occupations and professions named under lists of extremely arduous, hazardous and dangerous occupations and professions and arduous, hazardous and dangerous occupations and professions promulgated by the Minister of Labor - War Invalids and Social Affairs.

2. The employees are working in environments where at least 1 of the 2 factors below is present:

a) There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health.

b) The employees make contact with at least 1 factor which is given a score of 4 under the sub-heading titled “Contact with sources of infectious diseases according to the Law on Prevention and Control of Infectious Diseases” (number 10.1 of Section A, Appendix I attached to Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor - War Invalids and Social Affairs).

The identification of factors under Clause 2 of this Article must be performed by organizations eligible for operating in working environment monitoring as per the law.

Article 4. Levels of perquisites

1. Perquisites shall be calculated on the basis of standard daily allowance and have monetary equivalent depending on the levels below:

a) Level 1: 13.000 VND;

b) Level 2: 20.000 VND;

c) Level 3: 26.000 VND;

d) Level 4: 32.000 VND.

2. If employees meet all requirements under Article 3 hereof, specific perquisite levels for each profession and occupation are prescribed under Appendix I attached hereto and vary depending on working hour as follows:

a) If the employees’ working hour is 50% or more of regular working hour in a working day, they are eligible for full perquisite level;

b) If the employees’ working hour is less than 50% of regular working hour in a working day, they are eligible for half perquisite level;

c) If the employees work overtime, the standard allowance for perquisites shall be increased proportionally in accordance with the principles above.

Article 5. Rules for organizing perquisites

1. Perquisites must be organized within the working shift or working day while adhering to food safety and hygiene and being convenient. If the nature of the work requires employees to be mobile or disperse or causes group perquisites to be unfeasible on the spot, employers shall provide employees with the perquisites and allow employees to help themselves as per the law. In this case, employers must produce records of recipients in which employees sign and regularly inspect the use of perquisites of employees.

2. Perquisites must not be paid in form of money or included in salaries (or included in piece rate) as a substitute.

3. Employers are encouraged to consider and adopt level 1 perquisites (13.000 VND) for employees who are not working in occupations and professions named under lists of extremely arduous, hazardous, dangerous occupations and professions, arduous, hazardous, dangerous occupations and professions prescribed by the Minister of Labor - War Invalids and Social Affairs but are working in an environment where at least one of the factors under Clause 2 Article 3 hereof is present.

4. Perquisite costs shall be recorded as recurrent expenditure, business expenses as per the law.

Article 6. Responsibilities of employers

1. Adopt technical solutions, improve occupational safety and hygiene equipment in order to boost working conditions; organize perquisites if dangerous and hazardous factors are not fully remediated.

2. Rely on evaluation results of conditions under Article 3 hereof in order to determine matching perquisites levels for each occupation and profession in accordance with Appendix I attached hereto.

With respect to occupations and professions with complicated working conditions where perquisites levels cannot be immediately determined in accordance with Appendix I attached hereto, employers must consolidate all titles for which perquisites are requested and submit to ministries or central departments or People’s Committees of provinces and central-affiliated cities and Ministry of Labor - War Invalids and Social Affairs.

3. If measures are taken to improve working conditions or if working conditions change, the newer working conditions shall serve as the basis for adjusting perquisites levels in accordance with Article 3 and Article 4 hereof. Regularly communicate the purpose and meaning of perquisites and this Circular with employees.

4. Order local medical department or consult nutrition experts to develop compositions of perquisites in order to remove toxin, boost resistance depending on perquisites levels and specific occupation, profession, health of employees.

5. Strictly organize perquisites and ensure that employees receive sufficient benefits in accordance with this Circular.

Article 7. Responsibilities of ministries, central departments, and local governments

1. Provide guidance on implementation of this Circular for enterprises, agencies, and organizations under their management.

2. Consolidate the list of occupations and professions for which perquisites are requested by enterprises, agencies, and organizations under their management and submit the request to Ministry of Labor - War Invalids and Social Affairs. The request consists of:

a) Schedule consolidating all occupations and professions for which perquisites are requested in the sector, provinces, cities using form under Appendix II attached hereto.

b) Measurement and evaluation parameters of dangerous factors and hazardous factors serving as the basis for determining perquisites.

3. Organize, inspect, and investigate the implementation of this Circular in local entities and enterprises within the vested functions and powers.

Article 8. Entry into force

1. This Circular comes into force from March 1, 2023.

2. Circular No. 25/2013/TT-BLDTBXH dated October 18, 2013 of the Minister of Labor - War Invalids and Social Affairs guiding the implementation of perquisites for employees working in dangerous and hazardous conditions expire from the effective date hereof.

3. Personnel affiliated to people’s armed forces shall benefit from perquisites in the same manner as employees under this Circular unless otherwise specified by legislative documents applying to these personnel.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

APPENDIX I

 perquisites levels based on working conditions
(enclosed with Circular No. 24/2022/TT-BLDTBXH dated November 30, 2022 of the Minister of Labor, Invalids and Social Affairs)

APPENDIX II

 List of occupations and professions for which perquisites are provided
(enclosed with Circular No. 24/2022/TT-BLDTBXH dated November 30, 2022 of the Minister of Labor, Invalids and Social Affairs)

list of occupations and professions for which perquisites are requested in ..(year)..

_____________________

Notes:

⁽¹⁾ Occupations/work named in the list of extremely arduous, hazardous and dangerous occupations and professions and arduous, hazardous and dangerous occupations and professions promulgated by the Minister of Labor - War Invalids and Social Affairs.

⁽²⁾ Specify measurements and evaluating factors serving as the basis for determining perquisites (according to Clause 2 Article 3 of this Circular).

⁽³⁾ Specify the name of the agency in charge of measurement and evaluation corresponding to the column of data recording the result.

⁽⁴⁾ Daily perquisites level requested under Clause 1 Article 4 of this Circular.

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