QUY ĐỊNH MỚI VỀ NGƯỜI LAO ĐỘNG LÀM VIỆC KHÔNG THEO HỢP ĐỒNG LAO ĐỘNG CÓ THỂ THAM GIA BẢO HIỂM TAI NẠ

FDVN’s response: 

Previously, regulations on occupational accident insurance were mainly stipulated in Decree No. 37/2016/ND-CP, Decree No. 88/2020/ND-CP, and the Law on Occupational Safety and Hygiene 2015, which only applied to employees with official labor contracts. Accordingly, occupational accident insurance is implemented by the employer, meaning that the enterprise or individual employing workers is responsible for paying insurance premiums for employees who have labor contracts with a term of one month or more. For employees without a labor contract, there has been no specific regulation allowing them to participate in voluntary occupational accident insurance. As a result, they are not covered by benefits such as lump-sum allowances, monthly allowances, or rehabilitation support in the event of a workplace accident.

Recently, the Government issued Decree No. 143/2024/ND-CP on voluntary occupational accident insurance for employees working without a labor contract, which will take effect from January 1, 2025. Accordingly, the subjects covered by this decree are as follows:

- Employees working without a labor contract, aged 15 and above;

- Employees not subject to compulsory social insurance for occupational accidents and diseases, and participating in voluntary OAI.

Therefore, your friend can participate in voluntary accident insurance and will be entitled to the benefits of voluntary occupational accident insurance when meeting the conditions stipulated in Article 5 of Decree No. 143/2024/ND-CP:

- Having a work impairment of 5% or more caused by an occupational accident that occurred during the period of voluntary OAI participation;

- Not falling under the cases in which benefits are not granted. Specifically, employees will not be entitled to occupational accident benefits if the accident occurs due to one of the following reasons: a personal conflict between the victim and the perpetrator unrelated to work or labor tasks; the worker intentionally harms their health; or the worker uses narcotic substances or addictive substances in violation of the law.

Voluntary OAI benefits include assessment of the degree of work impairment and occupational accident allowance. Specific benefits are stipulated in Decree No. 143/2024/ND-CP.

Thu Hà – FDVN Law Firm