Tiếng Việt
中文 (中国)
From September 1, 2021, there are many new regulations related to the rights of employees participating in compulsory social insurance that all employees need to pay attention to in order to protect their legitimate rights and privileges, especially female employees. The most impactful changes can be listed as the policy of one-time allowance, employee health protection, reproductive health issue for female workers, etc. will officially take effect.
These new regulations are clearly stated in Circular 06/2021/TT-BLDTBXH dated July 7, 2021, of The Ministry of Labour ‑ Invalids and Social Affairs amending and supplementing several articles of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015, detailing and guiding the implementation of diverse articles of the Law on Social Insurance on compulsory social insurance (referred to as Circular 06).
Expanding maternity benefits for female employees
Circular 06 contains many amendments and supplements to regulations directly related to the benefits of employees participating in compulsory social insurance compared to Circular No. 59/2015/TT-BLDTBXH (Circular 59), especially policies related to female workers’ reproductive health.
Regarding the new point in the period of enjoying the maternity regime for female employees, specifically stated in Clause 6, Article 1 of Circular 06, if a child dies or is stillborn, the time to receive the maternity benefit upon childbirth and the one-time allowance upon childbirth is calculated according to the number of children born, including stillborn or deceased children.
This is a great improvement in the regulation and especially beneficial for female workers because according to Clause 3, Article 10 of Circular 59 currently being applied, the maternity regime is only handled in cases where the child is born and the child is still alive.
Accordingly, with these new regulations, the female workers’ rights will be guaranteed and they can carry out childbearing duty without worrying about their interests being affected.
Increase benefits for employees’ health
Circular 06 has many amendments and supplements to Circular 59 in the direction of facilitating as well as increasing the benefits of ensuring employees’ health through sickness benefits rates.
In case the employee leaves work due to one of the diseases on the list of 332 diseases requiring long-term treatment which was listed according to Circular No. 46/2016/TT-BYT of the Ministry of Health, then Point b, Clause 2, Article 1 of Circular 06 amending Point b, Clause 2, Article 6 of Circular 59 on supplementing regulations on sickness benefits for odd days not full of the month, up to the maximum level of sickness allowance in 1 month.
Specifically, while according to Circular 59, the sickness regime is only calculated on the actual number of days of leave, Circular 06 has allowed the calculation to always round the month for cases of sick leave that still have a few days to complete the month. Furthermore, the entire period of sick leave (rounded up) of the employee is entitled to a regime equal to 75% of the monthly salary of the compulsory social insurance that the employee pays.
For the cases in which the employees subject to compulsory social insurance contributions fall ill, have an accident that is not an occupational accident, or has to take time off work to take care of their sick child under 7 years old, but the time off from work is 14 working days or more in a month (including unpaid leave), then Clause 3, Article 1 of Circular 06 has added to Clause 3, Article 6 of Circular 59 the sickness benefit allowance calculated on the salary paid for social insurance of the month immediately preceding the resignation. If the employee continues to be sick in the following months and has to take leave, the sickness benefit allowance shall be calculated on the monthly salary as the basis for payment of social insurance premiums of the month preceding the resignation.
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