Ms. Tran Hong Thom's company (in Hochiminh City) has a case of fracture incidence when attending a football movement tournament held by the union of the company. The production groups voluntarily participated while the board of directors did not nominate or organize this event. Ms. Thom would like to ask “Is this case considered as an occupational accident?” In response to this question, Ho Chi Minh Social Security gives following opinions: Article 45 of Law on occupational safety and health stipulates the conditions for enjoying the occupational accident regime as follows:
Employees participating in occupational accident and disease insuranceare entitled to the occupational accident benefit if they fully meet thefollowing conditions:
1. Having an accident in one of the following cases:
a/ At the workplace and during working hours, even when they aredoing personal activities at the workplace or during working hours allowedby the Labor Code and regulations of their production or businessestablishment, including breaks between working hours, mid-shift meals, in-kindmeals, menstruation breaks, shower time, breastfeeding time, and toiletuse;
b/ Outside the workplace or out of working hours while performing atask requested by the employer or a manager authorized by the employer inwriting;
c/ On the way going to or coming back from the workplace along areasonable route and within a reasonable time;
2. Having their working capacity decreased by at least 5% due to theaccident prescribed in Clause 1 of this Article;
3. Employees are not entitled to the regime paid by the OccupationalAccident and Disease Insurance Fund if they fall into one of the casesspecified in Clause 1, Article 40 of this Law.
In your question, you mentioned that the football movement was held by the union of the company. The employers (the board of directors) did not nominate or organize the football movement. Did the board of directors consent to the union’s organizing the football movement? If yes, this case is considered as an occupational incidence. If no, it is not considered as an occupational incidence.