blue-check Regarding allowances given to employee suffered from accident on the way to work

Official letter No. 4364/LDTBXH-ATLD dated October 11th, 2019 of the Ministry of Labour - Invalids and Social Affairs regarding responsibilities of a company towards employee who suffers from accident on the regular way to work.
Posted: 18/10/2019 9:29:49 AM | Latest updated: 25/12/2019 7:56:31 PM (GMT+7) | LuatVietnam: 4822 | Vietlaw: 439


According to Clause 2 Article 39 of the Law on labor safety and hygiene No. 84/2015/QH13, in case an employee suffers from an accident from his/her home to workplace, the accident shall be considered occupational accident.

However, this is the accident in particular case, enterprise only gives allowance of at least 40% of compensation amount provided the accident is caused by other people’s faults or fault of an unidentifiable person.

In contrast, if the accident is entirely the employee’s fault without any other reason, the enterprise shall not be pay allowance to the employee suffered from the occupational accident.

With regard to cases of occupational accident in such particular cases, laws do not have regulations according to which enterprises have to pay medical expenses during the treatment period. If the payment is made, it shall be based on agreements in the labor contract.

Ms Phuong Thao (
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PublishedVietlaw's Newsletter No. 439
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Related document(s)
blue-check Law 84/2015/QH13 - Luật An toàn, vệ sinh lao động 2016 English attachment
stop-check Decree 66/2008/NĐ-CP - Về hỗ trợ pháp lý cho doanh nghiệp English attachment

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