One lunch that sends dozens of workers to hospital raises three questions at once: who pays treatment and compensation, who is fined for food safety, and can the catering contract be terminated immediately. Liability for industrial catering food poisoning does not sit with a single party — it layers: the caterer bears direct responsibility for the safety of the food, while the employer bears responsibility for selecting and supervising the contractor and for the medical response to its own workers.
Allocating liability by layer
The caterer is the direct bearer of food safety duties under the Law on Food Safety 55/2010/QH12: ingredient sourcing, processing, retained food samples and facility conditions are all in its hands; the health authority’s poisoning investigation conclusion will identify the dish and the failing step. The ordering company does not cook, but it must choose a caterer meeting food safety conditions, inspect periodically and respond medically — if the company kept ordering after learning the caterer’s certificate had lapsed, its share of liability rises sharply. Workers’ compensation is resolved first through the Civil Code 91/2015/QH13 non-contractual damages mechanism and the service contract’s own clauses.
The first 24 hours and reporting duties
Prioritise treating the workers, and preserve the kitchen scene and retained food samples — retained samples are the decisive scientific evidence for the cause, and destroying them after an incident is the gravest mistake. Mass poisoning must be reported immediately to health authorities and local government for epidemiological investigation; on the food safety procedure framework, Decree 15/2018/ND-CP still applies in practice because Decree 46/2026/ND-CP is suspended under Resolution 15/2026/NQ-CP until the amended Law on Food Safety and new guiding decree take effect. The company should name one coordinator for the investigation and communicate transparently with workers rather than let rumours fill the information gap.
Penalties, contract termination and long-term fallout
A violating caterer can be fined under Decree 115/2018/ND-CP, suspended, and have its food safety eligibility certificate revoked; where consequences are serious, Article 317 of the Penal Code 100/2015/QH13 on food safety offences may be considered. On the contract, the company may terminate under the breach clause and claim all sums spent on workers from the caterer, but should follow the sequence: minute the incident, preserve evidence, notify in writing, and activate the contract’s insurance and indemnity clauses instead of ending the contract with a phone call.
Frequently asked questions
For industrial catering food poisoning, is the company or the caterer liable?
The caterer bears direct liability for the safety of the food and is the main subject of food safety penalties. The employer is responsible for selecting and supervising the caterer and for the medical response to its workers; the two layers are fixed by the poisoning investigation conclusion and the service contract terms.
How are poisoned workers compensated?
Treatment costs, income lost during treatment and other actual losses are compensated under the non-contractual damages mechanism and the catering contract’s commitments. In practice the company usually advances emergency costs for workers and recovers them from the caterer.
How is a caterer fined after mass food poisoning?
Administrative fines under Decree 115/2018/ND-CP, possible suspension and revocation of the food safety certificate; where consequences are serious, criminal liability under Article 317 of the Penal Code 100/2015/QH13 may be considered.
Can the catering contract be terminated right after the incident?
Yes, if the contract has a termination clause for food safety breaches or under the rules on unilateral termination for serious breach. Do it in writing with an incident minute and a reservation of compensation rights, and line up a replacement caterer immediately so workers’ meals are not interrupted.
This article has been quality-reviewed by the FLAW AI Legal Council