VINAYA LAW FIRM

Labour: Prakas on Rehabilitation Services for Social Security Schemes on Occupational Risk and Health Care for Persons Defined by the Provisions of the Labour Law

Date of publication: 14-11-2018


Category: Legal updates


Audience: All


Labour:

Prakas on Rehabilitation Services for Social Security Schemes on Occupational Risk and Health Care for Persons Defined by the Provisions of the Labour Law

        On 16 October 2018, the Ministry of Labour and Vocational Training (MLVT) issued the Prakas with the aim to determine formalities and procedures for providing rehabilitation services, under the scope of the Law on Social Security Schemes for Persons Defined by the Provisions of the Labour Law, including medical rehabilitation, vocational rehabilitation as well as social rehabilitation services, for social security schemes on occupational risk and health care.

        1. Conditions and Procedures of Rehabilitation Service Provision

        The Prakas sets out the common principles covering the conditions as well as the procedures to receive rehabilitation services. Such services can be provided to people with disabilities depending on the actual social and economic situations and as long as they meet the following 3 conditions. Firstly, people with disabilities must be allowed or approved by the National Social Security Fund (NSSF) or must access services in the rehabilitation center or any organization providing rehabilitation services regulated by the National Social Security Fund. Secondly, they must have appropriate physical and mental conditions, self-motivation and capacity to receive a training course as well as the willingness to collaborate with the service provider to receive the rehabilitation services. And thirdly, they must maintain the provided orthosis, prosthesis, or any assistive device in line with the principles of the NSSF.

       Furthermore, the Prakas provides the procedures to receive the services. First and foremost, people with disabilities or his/her representative (a spouse, children, or a caretaker of him/her) must appear at the NSSF to be monitored and evaluated on the disability degree. At the same time, the form "Request for Rehabilitation Services" as set forth in Annex 2 of the Prakas, along with prescriptions of a general practitioner or an official doctor recognized by the NSSF or other relevant documents, must also be submitted to the NSSF.

        2. Occupational Risk Scheme

        As provided by the Prakas, workers or NSSF members, suffering from work injury leading to permanent disability, are entitled to receive medical, vocational, or social rehabilitation services. Medical rehabilitation services are provided to them for supporting the medical care or after they have the permanent disability caused by the medical care services.  Vocational rehabilitation services are provided to them to have the chance to get a new job or to be self-employed within a period of less than one year.

        In addition, people with disabilities can receive consultation, guidance, mental health education, and other social rehabilitation services with the aim of improving the socio-psychological factor to be able to lead normal lives.       

        3. Health Care Scheme

        Workers or NSSF members encountering any accidents or sickness apart from work injury are entitled to receive only medical rehabilitation services. The services are provided for supporting medical care services or after the member has the disability caused by the services.