illustration
1. The employees are entitled to compensation in kind
when fully meeting the following two conditions:
First condition: The employees working in occupations and professions named under lists
of extremely arduous, hazardous and dangerous occupations and professions and
arduous, hazardous and dangerous occupations and professions promulgated by the
Minister of Labor - Invalids and Social Affairs
Second condition: The employees are working in the environments where
at least 1 of the 2 factors below is present:
- There is at least one dangerous or hazardous factor
that fails to meet the permissible hygiene standards and regulations as
regulated by the Ministry of Health.
- The employees make contact with at least 1 factor
which is given a score of 4 and over under the target group “Contact with
sources of infectious diseases according to the Law on Prevention and Control
of Infectious Diseases” (number 10.1 of Section A, Appendix I issued attached
to the Circular No. 29/2021/TT-BLDTBXH dated 28 December 2021 of the Minister
of Labor - Invalids and Social Affairs stipulating standards for labor
classification according to the working conditions).
2. The compensation level in kind shall be calculated based on standard daily allowance and has monetary value as follows: Level 1: VND 13,000 (up VND 3,000 compared to the provisions of the Circular No. 25/2013/TT-BLDTBXH); Level 2: VND 20,000 (up VND 5,000); Level 3: VND 26,000 (up VND 6,000); Level 4: VND 32,000 (up VND 7,000).
If the employees meet all requirements for
compensation mentioned above, the specific compensation levels for each
occupation are prescribed under Appendix I attached to this Circular, and
applied depending on the corresponding working hour as follows:
- If the employees’ working hour is 50% or more of
regular working hour in a working day, they are eligible for full perquisite
level;
- If the employees’ working hour is less than 50% of
regular working hour in a working day, they are eligible for half perquisite
level;
- In the case that the employee works overtime, the
allowance in kind will be increased in proportion to the number of overtime
hours according to the above principle.
3. The Circular takes effect from 01 March 2023, the Circular
No. 25/2013/TT-BLDTBXH dated 18 October 2013 of the Minister of Labor - Invalids
and Social Affairs guiding the implementation of the compensation regime in kind
for employees working in dangerous and hazardous conditions expire from the effective
date of this Circular.