Insurance premium rates are determined by industry group. Different industries have different premiums, and within each industry group, premium rates can also vary between units depending on the risk of each unit.
The insurance premium rate is determined based on the level of occupational accidents and diseases as well as preparations to enhance occupational safety and hygiene at the workplace. Based on the industry insurance premium schedule, the specific insurance premium of a year for an enterprise is decided based on the number of occupational accidents and diseases and actual risks that occurred and the cost of the insurance fund in the previous year, however, there is also a control on the maximum fluctuation of the premium.
In addition to paying for costs when occupational accidents and diseases occur, the occupational accident and disease insurance fund also covers costs for preventing occupational accidents and diseases as well as information and propaganda campaigns on occupational safety.
Rights of people with occupational accidents and diseases
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People with occupational accidents and diseases are entitled to the following benefits:
- Medical treatment
When an employee is confirmed to have suffered an injury or illness due to a work-related accident or occupational disease, all medical expenses for treatment of their injury or illness will be paid by the Social Insurance agency if they participate in the work-related accident insurance system. If they do not participate, the employer will pay.
After stabilizing the injury, the worker is referred for assessment at a medical assessment agency according to regulations. In 1996, the State issued national standards for assessing the level of disability for workers. The level of disability and illness is divided into 10 levels, from level 1 to level 4 is complete loss of working ability, level 5 to level 6 is loss of most working ability, level 7 to level 10 is partial loss of working ability.
- One-time allowance
Workers who suffer from work-related accidents or occupational diseases will receive a one-time benefit based on the level of injury, illness and their average salary within 12 months before the work-related accident or occupational disease.
- Allowance for occupational accidents and diseases
After a worker has a work accident or occupational disease, if he or she becomes permanently disabled, he or she will receive a monthly disability allowance. The level of allowance that the worker receives depends on the level of disability, illness and their average salary. People with injuries or illnesses from level 1 to level 4 will receive a monthly allowance of 90%, 85%, 80% and 75% of their average salary, respectively; people with disabilities of level 5 and level 6 will receive 70% of their average salary. The remaining levels will receive a one-time disability allowance of 6 to 24 months' salary depending on the level of their disability.
- Death benefits and benefits for relatives
When a worker dies due to a work-related accident or occupational disease, their relatives, whom the worker was responsible for supporting while he or she was alive, will enjoy the following benefits:
Funeral expenses (funeral allowance): equal to 6 months of the employee's average salary.
Death benefit: from 48 months to 60 months of the employee's average salary in the year before death.
Monthly allowance: If the widow or widower is eligible for a monthly allowance, she or he is entitled to a monthly allowance of 40% of the average wage of the husband or wife before his or her death. Elderly parents and minor children are entitled to a monthly allowance of 30% of the average wage in society.
Implementing organization
Social insurance in China is organized according to a centralized model, the Ministry of Labor and Social Security is the agency performing the state management function on social insurance.
Social insurance agencies at all levels are responsible for organizing the implementation of social insurance policies, including occupational accident and occupational disease regimes. Based on national laws, provinces and centrally run cities of China specify regulations on occupational accident and occupational disease regimes and organize the implementation of policies within their administrative boundaries.
To assess the level of disability caused by occupational accidents and diseases, provincial and district-level occupational assessment committees are established. The composition of assessment committees at all levels includes representatives of labor agencies, health agencies and trade unions.
The occupational accident and occupational disease insurance premiums that the unit must pay will be deducted by the bank where the unit opens an account, based on the collection authorization letter from the Social Insurance Agency, and no unit is allowed to refuse to pay. Individual economic organizations can pay directly to the Social Insurance Agency or through other authorizations. Employers who are late or evade payment of premiums, in addition to the collection of additional payments, will be fined in proportion to the amount of late or evaded payment.
Social insurance organizations must provide consulting and Q&A services so that employees and units know about the payment status, payment of benefits and monitor the implementation of regulations on occupational accident and occupational disease insurance; some localities also require employers to post the "Occupational accident and occupational disease insurance certificate" in a prominent location of the company for employees to monitor and competent authorities to inspect.
The Social Insurance Agency has the right to request employers to provide lists of employees, payrolls and other relevant documents to verify the employer's participation in the occupational accident and occupational disease regime. The Social Insurance Agency also has the right to investigate the employer's occupational accident and occupational disease situation as a basis for payment. If the employer refuses, the Social Insurance Agency has the right to impose a fine.
In order to prevent work-related injuries and occupational diseases, the Chinese government has actively promoted the improvement of work safety.
technology, promulgate safety rules, implement occupational safety and health standards, and encourage enterprises and production establishments to carry out safe production by adjusting their accident insurance contribution rates. In line with the principle of "Safety and prevention are the first priority", the Government encourages enterprises and workers to respect laws and regulations related to occupational safety and health and strictly comply with national occupational safety and health rules and standards, as well as prevent accidents during work and reduce occupational hazards.
Employees, employers, social insurance employees..., if they violate the regulations on occupational accident and occupational disease regimes, will be subject to disciplinary action, from administrative fines to criminal prosecution. Employers who perform well in occupational safety and hygiene, and do not have occupational accidents and occupational diseases that lead to injuries or deaths in the year, will be rewarded. For example, Shenzhen Social Insurance will give a bonus of 20% of the total occupational accident and occupational disease insurance premiums that the unit paid in the year, if there are no occupational accidents and occupational diseases that year, to encourage those responsible for production safety at the unit and those with outstanding achievements in safe production.
1.4.1.2. Work accident and occupational disease regime in Germany
The Federal Republic of Germany was the first country to establish compulsory social insurance. From 1883 to 1889, in Prussia (now Germany), under the reign of Chancellor Bismark, a system of compulsory social insurance schemes was successively established, including sickness, work accident and old age insurance. Bismark's social insurance laws were all based on funds mainly contributed by employees and employers, with the government providing additional subsidies for some branches.
Occupational accident insurance is implemented in Germany mainly based on the Insurance Law of 1911 and the amended Law of 1996, which requires all enterprises to participate and has the protection of the State.
Applicable objects
Occupational accident insurance applies to all workers, including accidents on the way, between home and work. People with occupational diseases are treated as people with occupational accidents.
Responsibility to contribute
The responsibility for contributing to the occupational accident and occupational disease insurance fund lies entirely with the employer. The contribution rate depends on the level of risk/hazard of occupational accidents and occupational diseases of each enterprise/unit and depends on the total salary and wage fund.
The employer's contribution rate is from 0.2% to 2% of the total salary and wage fund, according to the industrial classification (based on the risk and frequency of occupational accidents and diseases occurring annually in the enterprise).
Contribution rates will be periodically reviewed based on the situation of occupational accidents, occupational diseases and payment status.
Workers' rights
Participating in the system, workers are given risk prevention measures such as setting out regulations and measures that the company must implement, labor safety instructions, and pre-work health checks in cases where the job poses a risk of being harmful to health.
In case of work-related accidents or occupational diseases, the employee will be compensated by the employer with an amount equal to 80% of the income earned and up to the pure wage of the person suffering from work-related accidents or occupational diseases during the treatment period. The insurance organization is responsible for paying medical expenses and other benefits.
- Medical care costs
Workers will be provided with comprehensive medical care, including medical care, rehabilitation, vocational care, living aids and service allowance (housekeeping).
- Vocational training support
Occupational accident and occupational disease insurance organizations/associations are responsible for implementing vocational support measures to restore jobs, especially ensuring costs for training and retraining workers to adapt to work.
During the period of re-adaptation to work, the employee also receives “transitional pay”, which is also paid in case the employee is unable to work or is unable to work.
- Disability benefits
After 13 weeks if the accident victim's ability to work is reduced by at least 20%.
If you are no longer able to work, you will be compensated with a “full disability allowance”, worth two-thirds of your earnings in one year of work.
A person with a work-related accident or occupational disease who has at least one child is entitled to receive a transitional amount equal to 80% of his/her salary, and if he/she supports a spouse who does not work, the transitional amount is 70% up to a maximum of the pure salary.
- Death benefit in case of employee death
If a worker dies due to a work accident or occupational disease, relatives will receive funeral expenses, which are regulated the same for all workers.
In addition, relatives of workers are also entitled to receive alimony. The allowance is 20% of the insured income for each orphan under 18 years old (under 27 years old if a student), if the child has both parents, the allowance is 30% of the income. The allowance is also paid to the widow or widower, even the divorced ex-spouse or parents of the worker, the allowance is 20% of the income for each relative.
Implementing organization
Management and organization of implementation are entrusted to professional associations, including associations of defined professional branches and industrial accident insurance agencies at the federal, state and district levels, on the principle of financial, organizational and non-profit self-management.
This association has two main functions: preventing occupational accidents and occupational diseases and compensating when occupational accidents and occupational diseases occur. To prevent occupational accidents and occupational diseases, the associations will conduct safety inspections in enterprises. When enterprises fail to meet the requirements, they will apply sanctions and prosecute them before the law.
1.4.1.3. Occupational accident and disease regime in Thailand
Among the member organizations of the Asian Social Security Association, the Social Security Agency of Thailand (SSO) has more similarities with the Vietnam Social Security. Although it is still quite young (established in 1990), the Social Security Agency of Thailand has soon joined the International Social Security Association. Although it has been affected by the financial crisis in the region, it can still be affirmed that the SSO is still moving forward with very cautious and sure steps.
Currently in Thailand, SSO is responsible for implementing social insurance regimes for employees, including occupational accident and occupational disease regimes.
Subject of adjustment
All workers in the industrial and commercial sectors. Excludes workers in the agricultural, forestry and fishery sectors. Workers in state-owned enterprises, schools and government employees follow a separate system.
Fund sources
The fund is contributed by the employer, not the employee. The employer's contribution rate ranges from 0.2 - 2% of the total salary fund, depending on the risk ratio. The contribution rate is recalculated annually, starting from the fifth year onwards for each participating unit.
Employee benefits:
- Compensation for all levels of disability;
- Get paid medical expenses;
- Benefits for temporary or permanent disability: receive one-time or monthly benefits (with specified time);
- To enjoy rehabilitation services including medical treatment, surgery, hospitalization including equipment if they are disabled due to injury to help them become physically independent;
- Vocational retraining;
- Compensation benefits in case of death:
+ Funeral expenses;
+ One time allowance.
+ Relatives of people with work-related accidents receive monthly benefits according to the law.
Workers are not compensated in case of work accidents due to poisoning or drunkenness due to self-inflicted injuries or intentional suicide or due to unintentional negligence.
Implementing organization
The management and implementation of the occupational accident and occupational disease regime in Thailand is assigned to the Thai Social Security Agency, a government agency established under the Social Insurance Law of September 3, 1990. The Occupational Accident and Occupational Disease Compensation Committee under the Social Security Agency is responsible for managing the fund and implementing the regime for employees. The committee includes representatives of employees, employers and social insurance experts. The committee is responsible for: Assessing and determining the contribution rate of employers; Developing compensation policies, research programs aimed at preventing occupational accidents and measures on occupational safety and hygiene; Resolving disputes, complaints...
Employers pay fees for employees, keep a statistical book and report occupational accidents and diseases according to regulations. Any employer who fails to record in the book the illnesses, injuries and deaths of any of his employees within 5 days, or provides false information, will be fined an amount of 50% of the amount corresponding to the amount each employee can receive, this amount will be accumulated into the State insurance fund.