Penalty for not paying convalescence benefits after work accident

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Clause 1, Article 41, Chapter III of Decree No. 12/2022/ND-CP stipulating administrative sanctions for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts (hereinafter referred to as Decree No. 12/2022/ND-CP) stipulates violations of other regulations on social insurance and unemployment insurance as follows:

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on each employee for violation, but not exceeding VND 75,000,000, for employers who fail to pay health care and rehabilitation benefits after work-related accidents or occupational diseases to employees within 05 days from the date of receiving the benefits transferred by the social insurance agency.

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulates the level of fines, sanctioning authority and principles applicable to repeated administrative violations as follows:

1. The fines prescribed for violations of the provisions in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases prescribed in Clauses 1, 2, 3, 5, Article 7; Clauses 3, 4, 6, Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7, Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 43; Clauses 1, 2, 3, 4, 5, 6, 7, 8, Article 45; Clause 3, Article 46 of this Decree. The fine for an organization is twice the fine for an individual.

Thus, a company that does not pay the health care and rehabilitation allowance after a work accident to its employees within 05 days from the date of receiving the allowance transferred by the social insurance agency may be fined from VND 2,000,000 to VND 4,000,000 for each violation, but not exceeding VND 75,000,000 according to the regulations cited above.