However, Mr. Thien was not allowed to settle the labor accident regime because the factory did not pay social insurance for him. So, what procedures does Mr. Thien have to do to enjoy the occupational accident regime?

Regarding this issue, the Quang Ngai Provincial Social Insurance replied as follows:

At Point a, Clause 1, Article 3 of the Government's Decree No. 44/2017/ND-CP dated April 14, 2017 stipulates: “Employers make monthly contributions to the Insurance Fund for Occupational Accidents and Occupational Diseases according to the provisions of Clause 3, Article 44 of the Law on Occupational Safety and Health with the following levels:

0.5% of the salary fund used as the basis for paying social insurance premiums of employees specified at Points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance”.

- In Clause 4, Article 39 of the 2015 Law on Occupational Safety and Health, it is stated: “If the employer does not pay occupational accident and occupational disease insurance for the employee subject to participation in compulsory social insurance, according to the provisions of the Law on Social Insurance; ; In addition to having to pay compensation and benefits as prescribed in Article 38 of the Law on Occupational Safety and Health, the employer must pay an amount corresponding to the occupational accident and occupational disease insurance regime according to the provisions of the Law on Occupational Safety and Health prescribed in Section 3 Chapter III of the Law on Occupational Safety and Hygiene when employees suffer occupational accidents or occupational diseases; The payment can be made once or monthly according to the agreement of the parties, in case of disagreement, it shall be done at the request of the employee.

Compared with the above provisions, the employer is responsible for paying social insurance for the employee in accordance with the law. The employer did not register to pay and did not pay social insurance for him at the time of his occupational accident. Therefore, in this case, the employer must pay the benefits to him according to the provisions of Clause 4, Article 39 of the Law on Occupational Safety and Health. Besides, to ensure his rights, he asked the unit responsible for paying social insurance premiums for him according to the labor contract signed with him.