Approved by the Resolution of the president of Turkmenistan of January 15, 1999 No. 4039

Rules of compensation of the damage caused to the worker by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by it

1. General provisions

1. The companies, organizations and the organizations, irrespective of patterns of ownership, accessory and types of their activities (the company hereinafter is referred to as further), and also persons who are engaged in business activity (the employer hereinafter is referred to as further), bear liability for the damage caused to health of workers, employees, members of country associations, the citizens working according to the works agreements, mutilation, occupational disease or other damage of health (further hereinafter is referred to as labor mutilation) connected with execution of labor obligations by them, event both in the territory of the company (employer) and beyond its limits.

2. Compensation of damage consists in payment to the victim of sums of money in the amount of earnings or its corresponding part which it lost owing to disability or its decrease, and also in compensation of the additional expenses caused by damage of health.

3. The labor mutilation is considered come because of the employer if it occurred owing to not providing healthy and safe working conditions with it according to article 15 of the law of Turkmenistan "About labor protection".

4. The employer is exempted from compensation of damage if proves that the damage is caused not through his fault.

5. The following documents can serve as the proof of fault of the employer for the caused damage:

act of labor accident;

sentence, the judgment, the resolution of the prosecutor or the bodies authorized on that;

the conclusion of state bodies or officials (bodies) exercising supervision and control of condition of labor protection and observance of requirements legislative and regulations on labor protection about the reasons of damage of health;

the medical certificate about occupational disease, the medical certificate about establishment of group of disability, the death certificate in case of death on production;

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