What should employers watch out for when they detect COVID-19 positive employees in Vietnam? – Employment and HR

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Vietnam: What should employers watch out for when they detect COVID-19 positive employees in Vietnam?

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Covid question: Regarding the responsibility of employers in the prevention of epidemics and management of the situation when detecting that employees are sick or subjected to isolation, in accordance with Clause 4, Article 23 of the Vietnamese Prevention Law and infectious disease control, employers, when detecting disease or signs of infectious disease, should notify the nearest people’s committee, professional medical agency or medical establishment.

More specifically, article 1, article 47 of this law also provides that: “When there is an epidemic, a person infected by an epidemic or a person who detects a case of an epidemic or is suspected of having an epidemic , the employer must report to the nearest health agency within 24 hours of detecting the epidemic. Thus, within 24 hours, the employer must immediately notify the nearest medical establishment when it detects that the employee is ill or suspected of having the disease.

In addition, article 8 of this law also specifies the acts prohibited to the employer when he notices that the employee is ill or subjected to isolation, which are:

  • Concealment, failure to report or untimely declaration of cases of infectious diseases in accordance with the law.
  • Deliberately stating and giving false information about infectious diseases.
  • Not to implement or inadvertently implement measures for the prevention and control of infectious diseases in accordance with this law.
  • Failure to comply with infectious disease prevention and control measures at the request of competent agencies or organizations.

In addition, according to decree 117/2020 / ND-CP sanctioning administrative offenses in the health sector, employers have the following obligations:

  • Implement individual protection measures for participants in the fight against epidemics and people at risk of disease according to the guidelines of the health authorities.
  • Report cases of epidemic disease to the People’s Committee or the local preventive medicine agency in accordance with the provisions of the law.
  • Implement cleaning, disinfection and disinfection measures in epidemic areas.
  • Participate in the fight against the epidemic according to the mobilization decision of the Anti-epidemic Steering Committee.
  • Implement decisions to force the destruction of animals, plants and other disease-causing objects.

Not only that, to avoid spreading to the business, the employer should take immediate measures to isolate the sick person and also take measures such as disinfection and disinfection of the areas where the employee has worked, limiting the risk of infection. Concentration of a large number of people when working in the company. Even, the employer may have to make the decision to suspend production if it turns out that the employee has contracted the disease.

Regarding employee benefits, Official Dispatch No.1064 / LDTBXH-QHLDTL on Guidance for Paying Time Off Pay and Settlement of Employee Benefits During Work Suspension Due to Covid Outbreak has helped employers find a way to resolve issues with employees in this case. Concretely, the Official Dispatch provides for the case where the employee must stop working during the quarantine period at the request of the competent authority. Consequently, the employee’s salary during the period of stoppage of work must comply with clause 3, article 99 of the Labor Code (the salary is agreed between the two parties but must not be lower than the prescribed regional minimum wage. by the government). Thus, in the event that an employee is declared ill or subjected to isolation but has to cease working due to isolation by virtue of a decision of a competent public body, the employer must pay the salary of termination of the employee in accordance with the agreement. agreed but not lower than the regional minimum wage prescribed by the government.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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