Name of recommendations: Recommendation on additional cases of accidents that occur during the work process are not considered as occupational accidents: Accidents caused by intentional fault or occupational diseases of employees, do not arise due to working conditions;

Status: Has not been responded

Recommended by units: The Japanese Business Association in Vietnam

Official letter: 3121A/PTM - VP, dated: 2017-11-20

Recommended contents:

Article 40 of the Law on Ooccupational safety and Health: The benefits for employees in occupational accidents has stipulated Circumstances where workers are not entitled to allowances for occupational accidents from the employer.

However, many accidents are entirely due to the employee's intentional failure to comply with internal labor regulation or due to subjective reasons such as fighting, pathology of employees themselves (such as epileptic)... not related to work, conditions or working environment. This accident is completely unavoidable and the business can not control or reduce the risk, so if the occupational accidents are calculated, the business will be subject to a lot of unreasonable costs. In addition, there are many cases where the employee has been compensated by the defective party (not the employer) for the damages incurred and payment of medical expenses, so the enterprise continues to pay medical expenses as payment 2 times for 1 item, it is not necessary.