Rights and Obligations

Article 6,7 and 10 - Law on occupational safety and hygiene

Article 6. Rights and obligations of employees in terms of occupational safety and hygiene

1. Every employee with labor contracts has rights to:

a) Obtain assurance of equal, safe and hygienic working conditions; request his/her employer to ensure safe and hygienic working conditions during the course of work at the workplace;

b) Receive adequate information about dangerous or harmful factors at workplace and prevention measures; receive training in occupational safety and hygiene;

c) Receive benefits in terms of personal protective equipment, healthcare, occupational disease check-ups; have premiums of insurance against occupational accidents and occupational diseases (hereinafter referred to as the insurance) paid by his/her employer; receive the insurance benefits for victims; receive payment for assessment fees for injuries or diseases caused by occupational accidents and occupational diseases; proactively take medical assessment of decreased work capacity and receive payment for assessment fees in case the employee is entitled to an increase in benefit occupational accident benefit and occupational disease benefit according to the assessment results;

d) Request his/her the employer to assign him/her appropriate works when their health condition becomes stable after treatment;

dd) Refuse works or quit the workplace but still receive full salary without consideration as violations against labor discipline if he/she clearly recognize the hazards of occupational accidents that seriously threaten their life and heath, provided that he/she immediately informs their senior manager; and keep working when the senior manager and the person in charge of occupational safety and hygiene coped with the hazards;

e) Make complaints, denunciation or take legal proceedings as prescribed.

2. Every employee with labor contracts has obligations to:

a) Conform to internal regulations, process and measures for occupational safety and hygiene at the workplace; stick to agreements on occupational safety and hygiene in his/her labor contract or collective bargaining agreement;

b) Use and preserve his/her personal protective equipment; occupational safety and hygiene equipment at the workplace;

c) Report hazards of safety threat, occupational accidents and occupational diseases; proactively give emergency aid, cope with breakdowns, or occupational accidents according to the plan for responses to breakdowns and emergency rescue or emergency respond or under orders from the employer or a competent agency.

3. Every employee without labor contracts has the rights to:

a) Have safe and hygienic working conditions; be enabled by the State, society, and families to safe and hygienic working conditions;

b) Receive information and education in occupational safety and hygiene; receive training in occupational safety and hygiene when he/she does work having strict safety and hygiene requirements;

c) Purchase and claim on voluntary insurance for occupational accidents prescribed by the Government.

According to socio-economic development condition, government budget in each period, the Government shall provide guidance on support for voluntary insurance for occupational accidents;

d) Make complaints, denunciation or take legal proceedings as prescribed.

4. Every employee without labor contracts has obligations to:

a) Take responsibility for occupational safety and hygiene of their works as prescribed.

b) Ensure occupational safety and hygiene for relevant persons during the course of work;

c) Inform local governments about actions threatening occupational safety and hygiene in order for they to take actions against such violations.

5. Officials, civil servants, and people’s armed forces have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article, unless otherwise prescribed by legislative documents applicable to these entities.

6. Probationers or apprentices have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article.

7. Foreign workers working in Vietnam have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article; and their purchase of the insurance shall comply with regulations of the Government.

Article 7. Rights and obligations of employers in terms of occupational safety and hygiene

1. Every employer has the right to:

a) Request employees to conform to internal regulations, process and measures for occupational safety and hygiene at the workplace;

b) Commend employees for good observance of labor discipline and take disciplinary actions against employees committing violations against occupational safety and hygiene.

c) Make complaints, denunciation or take legal proceedings as prescribed;

d) Mobilize employees in emergency rescue and responses to breakdowns or occupational accidents.

2. Every employer has the following obligations:

a) Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;

b) Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;

c) Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;

d) Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;

dd) Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;

e) Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.

g) Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.

Article 10. Rights and obligations of internal trade unions in terms of occupational safety and hygiene

1. Cooperate with the employer to formulate and observe the implementation of plans, regulations, internal regulations, process and measures for assurance of occupational safety and hygiene and improvement of working condition.

2. Negotiate, sign and supervise the implementation of terms and conditions of occupational safety and hygiene in the collective bargaining agreement on behalf of the employee group; and help the employee to make complains or take legal proceedings upon the infringement of the employee’s rights.

3. Discuss with the employer to take actions against issues related to rights and obligations of employees and the employer in terms of occupational safety and hygiene.

4. Cooperate with the employer in inspection of implementation of occupational safety and hygiene; observe and request the employer to conform to regulations on occupational safety and hygiene; cooperate with the employer in investigation of occupational accidents and observe the policies, vocational training and work assignment applicable to victims.

5. Request the employer or competent agency to carry out policies on assurance of occupational safety and hygiene, eliminate safety threat, occupational accidents and impose penalties for violations against occupational safety and hygiene.

6. Propagate employees and employers in observance of legislation, standards, process and measures for occupational safety and hygiene at the workplace. Cooperate with employers in provisions of training in occupational safety and hygiene for union representatives and employees.

7. Request the persons in charge to adopt measures for occupational safety and hygiene, including operation suspension if necessary when there is any hazard that threatens health and lives of employees at the workplace.

8. Participate in internal groups of investigation into occupational accidents (hereinafter referred to as the internal investigation group) prescribed in Clause 1 Article 35 of this Law; cooperate with the employer in responses to safety threat, occupational accident; in case the employer fails to report as prescribed in Article 34 of this Law, the internal union shall immediately inform the competent agency prescribed in Article 35 of this Law for the investigation.

9. Cooperate with the employer in organization of emulation movement and mass movement in terms of occupational safety and hygiene and foster safety culture at the workplace, and manage and give instructions in operation of the network of occupational safety and hygiene officers.

10. Regarding any business entity without internal trade union, the superior trade union shall exercise rights and fulfill obligations prescribed in this Article at the request of the employees of that business entity.