Question: For employees performing heavy, toxic, or dangerous jobs, or during job transfers, are there different legal requirements and penalties compared to normal employees?
Answer:
Current laws clearly stipulate differences in the frequency of check-ups and the severity of penalties for employees working in heavy, toxic, or dangerous conditions compared to normal employees.
- Regarding the frequency and timing of health check-ups:
Pursuant to Clauses 1 and 3, Article 21 of the Law on Occupational Safety and Health 2015, there are specialized requirements:
For employees in normal positions, enterprises must organize check-ups at least once a year. However, for employees performing heavy, hazardous, or dangerous jobs, or vulnerable employees, the enterprise must organize check-ups at least once every 06 months.
Employees working in environments exposed to factors with a risk of causing occupational diseases must be examined for occupational disease detection.
Employers shall organize health check-ups for employees before assigning them to work and before transferring them to heavier, more hazardous, or more dangerous jobs. This regulation also applies after they have recovered from occupational accidents or diseases and return to work (except when assessed by a Medical Examination Council).
- Regarding administrative penalties:
Legal risks and financial penalties increase significantly if the enterprise violates regulations for this group or during job transfers:
The act of not organizing normal periodic health check-ups subjects the organization to a fine ranging from 2,000,000 VND to 6,000,000 VND per affected employee.
Pursuant to Clause 3, Article 22 of Decree 12/2022/ND-CP, if the Company fails to organize health check-ups for employees before transferring them to heavier, more toxic, or more dangerous jobs, or after they have recovered from occupational accidents or diseases, the penalty will be much more severe. Specifically, the fine will range from 10,000,000 VND to 20,000,000 VND for the organization per affected employee.
