(Chinhphu.vn) – Ms. Ly Kim Lan is an officer at Song Ma District General Hospital, Son La Province. In May 2014, she suffered labor accidents during working hours and was determined to be her own’s fault. The hospital paid for the allowance and wages for her working days.
By November 2015, Ms. Lan's family submitted a petition about her unpaid leave during medical treatment. The hospital held a meeting. At the meeting, there were some ideas that Ms. Lan was paid during treatment break. The second opinion is that the labor accident occurred due to Ms. Lan's fault so she was not paid during the sick leave.
According to the conclusion of the meeting, Ms. Lan was paid the salary during the sick leave, the Department of Finance planed to pay Ms. Lan.
Mr. Vu Trong Khoi, a staff of the Finance - Accounting Department of the Hospital would like to request for the answer, Is Ms. Lan’s case to be solved as mentioned above correct?
The Ministry of Labor, Invalids and Social Affairs would like to answer this question as follows:
Item 2, Article 144 of the Labor Code 2012 stipulates that the employer's liability to a person suffering from a labor accident or an occupational disease is paid in full according to the labor contract for the injured workers. Labor or occupational diseases must be taken out of work during the treatment without mentioning the fault of the employees or the employers in the case of occupational accidents.
Clause 2, Article 98 of the Labor Code provides for the payment of wages during the work stoppage, not applicable to the case of payment of wages during the treatment of labor accidents.
Leader of the hospital where Ms. Lan decided to pay his salary during the treatment of labor accidents for Ms. Lan is in accordance with the law.
- By : Online Newspaper of the Government / Translator: HaiYen-Bizic
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