Q: We are a Foreign invested company in Vietnam and a local person who work for us was dead from car accident, now we want to know whether our company should indemnify his family or not, and how much will our company pay according to Vietnam Law if we are obligated to pay.
A: Under Vietnam Law, in case his accident is classified to occupational accident, your company shall be liable to indemnify his family.
Accident that satisfy one of two following conditions shall be considered as occupational accident:
– Accident caused by dangerous, harmful factors in the course of employment which results in injury to any part, function of worker’s body or death in the working process related to work performance or task assigned including time for satisfying essential needs stipulated by the Labour Code such as short break, mid-shift meal, tidying menace up, having bath, feeding babies, going to toilet, preparing work and finishing work at the workplace
– Accidents happening to workers on their way to and from the workplace at reasonable time and place (on the daily routes to and from work) or other accidents caused by factors such as natural disasters, fire, and other risky factors related to the performance of work and tasks assigned.
The amount of money to be paid by Employer shall be different depending on each specific case.
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