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Are there any compulsory regulations that workers must go for medical treatment?

Sat, 15 Jul 2017 22:12:21 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Ms. Nguyen Thu Chinh’s company (in Hanoi City) has a regular employee who does not complete the task, has unusual mental manifestations, causing disorder in the company. The company has sked this employee for a medical examination but this employee hasn’t carried out.

Ms. Chinh asked, can the company apply the compulsory medical treatment and disciplinary action mentioned above?

Lawyer Tran Van Toan, Khanh Hung Lawyer Office, Hanoi Bar Association answered as follows:

Currently, the Criminal Code, Criminal Procedure Code, Criminal Law Enforcement Act and Decree No. 64/2011 / ND-CP dated 28/7/2011 of the Government provides for the enforcement of arrest forced treatment or solicitation of psychiatric forensic expertise for persons arrested at the stage of investigation, prosecution, adjudication or judgment execution in criminal cases:

The Law on Examination and Treatment in 2009 is provided for in Point b, Clause 1, Article 66, for people with mental illness who are in a state of agitation or depression who have ideas or acts of suicide or endangering people. Other required by law to apply the form of compulsory treatment.

However, for persons suspected of having mental illness but not committing acts of endangering others, for the society as provided for by the Penal Code, they and their families do not admit to being ill. In case of involuntary medical examination and treatment, there are no specific regulations or guidelines for compulsory medical examination and treatment.

The law on handling of administrative violations has stipulated that persons who commit acts of administrative violation while suffering mental illness, who lose their cognitive ability or control of their acts, are persons who have no administrative capacity for responsibility., so not be administratively sanctioned and not be subject to administrative measures.

Labor legislation also does not regulate the handling of violations of internal labor regulations for people with mental illness.

To overcome this problem, when detecting a worker with signs of suspicion of mental illness, the health officer of the business, department head of the department where the employee works should report to the director, the local labor union, in charge of labor safety, to mobilize people suspected of mental illness and their families to take him or her to medical examination and treatment. Or, through periodic medical examinations of the business, the doctor recommends the person suspected of mental illness to a psychiatrist, asking for mental health assessment.

In case of conclusion of the assessment organization being an employee suffering from mental illness, the enterprise shall have the right to request the laborer to seek medical treatment or to mobilize his / her family for medical treatment.

Remedies when the employee loses capacity for civil acts

Under Clause 1, Article 22 of the 2005 Civil Code (effective until the end of December 31, 2012) and Clause 1, Article 22 of the Civil Code 2015 (effective from January 1, When a person suffering from mental illness can not perceive and control his / her own behavior, he / she shall, at the request of the person with related rights and interests, base himself / herself on the conclusion of the forensic psychiatric examination and the court Decisions declaring the loss of civil act capacity on the basis of the conclusion of the assessment organization.

Article 376 of the Civil Procedure Code 2015 (effective as of 1 July 2016) has stipulated that persons with related rights and interests, agencies and organizations may request the Court to declare a persons who have lost their civil act capacity under the provisions of the Civil Code.

Clause 6, Article 36 of the Labor Code provides that the labor contract shall be terminated when the court declares that the laborer has lost his / her civil act capacity.

Clause 1, Article 38 of the Labor Code has provided that the employer has the right to unilaterally terminate the labor contract in the following cases:

- The employee repeatedly fails to perform his/her work in accordance with the terms of the employment contract

-  An employee is sick or has an accident and remains unable to work after having received treatment for a period of twelve (12) consecutive months in the case of an indefinite term employment contract, for six (6) consecutive months in the case of an definite employment contract, or more than half the duration of the contract in the case of an employment contract for seasonal work or a specific task of less than 12 months.

Accordingly, when the laborers have gone to medical treatment in psychiatric medical establishments and have not recovered from the disease, they shall return to the working enterprises but fail to fulfill their contractual jobs, causing disorder and influence. For production and business, the legal representative of the company shall have the right to request the court to declare that the employee has lost his / her capacity for civil acts to have grounds for termination of the labor contract under Item 6, Article 36 of the Lao Code. Dong; Or based on the fact that the employee regularly fails to complete his / her assigned work and the time he / she has left for medical treatment but fails to recover in order to decide to unilaterally terminate the labor contract according to the provisions of Clause 1, Article 38 of the Lao Code. Dong.

Lawyer Tran Van Toan

     Khanh Hung Lawyer Office, Hanoi Bar Association

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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