Công văn 2704/LĐTBXH-ATLĐ năm 2019 thanh toán chi phí y tế và tiền lương trong tai nạn giao thông do Bộ Lao động - Thương binh và Xã hội ban hành

To: Global Dyeing Co. Ltd.

On 17/5/2019, the Government Office received Official Dispatch No 5544/VPCP-DMDN from Global Dyeing Co. Ltd. enquiring about payment of medical costs and salary in case of road accidents. Below are opinions of the Ministry of Labor, War Invalid and Social Affairs:

The occupational accident investigation record shall be the basis for settlement of benefits for accidents that occur during commute from home to work and vice versa. If it is concluded in such investigation record that the employee has the accident while commuting between home and work on with reasonable route and time, and the accident is caused by another person or the liable party cannot be identified, the employer shall pay benefits for the employee pursuant to Clause 2 Article 39 of the Law on Occupational Hygiene and Safety. The Law on Occupational Hygiene and Safety does not require the employer to pay the medical costs and salary while the employee is undergoing treatment after the accident.

Clause 1 Article 4 of the 2012’s the Labor Code recommends the parties to reach agreements that are more advantageous to employees.

For more detailed instructions, please contact Department of Labor, War Invalids and Social Affairs according to Article 10 of Decree No. 66/2008/ND-CP dated 28/5/2008 on legal assistance for enterprises.

For your information./.

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