LABOR ACCIDENT SUPPORT FOR FOREIGN EMPLOYEES WHEN CONTRACTING WITH MULTIPLE COMPANY

Legal grounds:

  • Labor code of 2019;
  • Law on occupational safety and hygiene of 2015;
  • Decree no. 143/2018/ND-CP dated October 15, 2018 elaborating on law on social insurance and law on occupational safety and hygiene regarding compulsory social insurance for employees who are foreign nationals working in Viet Nam;
  • Decree no. 88/2020/ND-CP dated July 28, 2020 elaborating some articles of the law on occupational safety and health on compulsory insurance for occupational accidents and occupational diseases.

1. Are foreign workers compulsory to participate in social insurance?

Employees who are foreign citizens working in Vietnam are required to participate in insurance when:

  • Have a work permit or a practicing certificate or a practicing license issued by a competent Vietnamese authority;
  • Having an indefinite-term labor contract or a definite-term labor contract of full 01 year or more with an employer in Vietnam;

Note: Foreign workers who move within the enterprise or reach the retirement age according to Vietnamese law (men at full 60 years old, women with full 55 years old) are not required to pay social insurance premiums.

2. Can foreign workers when entering into contracts with many companies enjoy occupational accident allowance?

Clause 2, Article 43 of the Law on occupational safety and hygiene: “If an employee concludes labor contracts with multiple employers, each employer shall pay insurance premiums for the labor contract concluded with the employee who is subject to compulsory social insurance. When an employee has an occupational accident or suffers from an occupational disease, he/she shall receive the insurance benefit as prescribed by the Government”

Thus, foreign workers who enter into contracts with many companies will be covered by occupational accident and occupational disease insurance according to regulations and will enjoy occupational accident allowance.

3. Occupational accident insurance regimes for foreign workers

When entering into labor contracts with many employers, foreign workers are entitled to the following occupational accident insurance regimes:

  • Osts of assessing his/her occupational injury or disease;
  • Monthly or lump sum benefits;
  • Attendance benefits;
  • Assistance in living aids or orthopedic devices;
  • Convalescence and health rehabilitation benefits;
  • Insurance benefits in connection with his/her death due to the occupational accident;
  • Payment of health insurance premiums for the employee who takes leave and receives monthly occupational accident or occupational disease benefits;
  • Assistance in career change; occupational examination and treatment; occupational rehabilitation; provision of occupational safety.