ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 13, 2011 No. 428

About change, amendment and recognition voided some orders of the Government

For the purpose of realization of priority measure for increase in social protection of workers with the low compensation in industries of the budget sector provided by the Program of activities of the Government "The European integration: freedom, democracy, welfare for 2011-2014" DECIDES: the Government

1. Approve changes and additions which are made to the separate orders of the Government, according to appendix No. 1.

2. Determine that the expenses connected with enforcement of this Resolution become covered at the expense of the funds allocated for the corresponding year.

3. Recognize invalid some orders of the Government according to appendix No. 2.

Appendix №1

to the Order of the Government No. 428 of June 13, 2011

Changes and additions which are made to the separate orders of the Government

1. In the Order of the Government No. 513 of August 11, 1993 "About approval of the Regulations on payment by the companies, the organizations and organizations of lump-sum allowance in connection with disability or the death of the worker owing to labor accident or occupational disease" (Monitor of Parliament of the Republic of Moldova, 1993,, No. 8, of the Art. 246), with subsequent changes and amendments, to make the following changes:

In all text of the Resolution and the Provision the text of "article 32 of the Law of the Republic of Moldova "About labor protection" to replace 1) with the text "Art. 18 of the Law on health protection and labor safety No. 186-XVI of July 10 2008,";

2) in the Resolution:

in Item 2 of the word "according to the event or the enforcement of the Law of the Republic of Moldova established later " about labor protection " (since August 1, 1991)" shall be replaced with words "established according to the law";

in Item 3 "using the coefficient equal to ratio of the minimum wage operating at the time of allowance payment to the minimum wage operating in the month preceding month of disability or the death of the worker owing to labor accident or occupational disease" shall be replaced with words the text "according to the Procedure for calculation and payment of compensation amount of losses of part of the salary in connection with violation of terms of its payment approved by the Order of the Government No. 535 of May 7, 2003 if the delay constituted calendar month and more after the expiration of the month following after month for which it should have been paid.";

exclude item 4;

in Item 5 of the word to "Department of statistics" shall be replaced with words to "National bureau of statistics";

3) in the Provision:

in Item 9 the second offer to exclude;

state Item 17 in the following edition:

"17. In case of job placement to other countries according to the intergovernmental or other agreements signed with economic units of other countries, the lump-sum allowance in case of disability or the death of the worker as a result of labor accident or occupational disease during work in other countries is paid according to the procedure and the sizes provided by these agreements.

In cases when the specified agreements do not provide payment of lump-sum allowance in case of disability or the death of the worker as a result of labor accident or occupational disease during work in other countries, the annual average salary for calculation of the size of lump-sum allowance is determined according to the procedure, established by this Provision, proceeding from the salary which workers received to the direction to other countries.

In case of stay abroad more than two years, the lump-sum allowance established from the available salary before departure to other countries will be counted using the coefficient equal to ratio of the average monthly salary over the country in the year preceding year of disability or the death of the worker and the average monthly salary over the country in years which months were included in calculation of the average salary from which the initial amount of lump-sum allowance was estimated.

For the unemployed to job placement to other countries the benefit will be estimated proceeding from the average salary of workers in the Republic of Moldova on one of the leading economic units of the corresponding industry or on the corresponding type of activity and when it cannot be determined - proceeding from the average salary by the corresponding industry in case of documentary confirmation of the average salary by the corresponding profession (position) and qualification similar to profession (position) occupied in other countries.

Compensation for work in other countries does not join in calculation of the annual average salary.".

2. In the Procedure for calculation of the average salary approved by the Order of the Government No. 426 of April 26, 2004 (Official monitor of the Republic of Moldova, 2004, No. 73-76, of the Art. 570), with subsequent changes and amendments, to make the following additions:

Item 2 to add 1) with the new paragraph of the following content:

"payment of unemployment benefit";

Item 5 to add 2) with the new paragraph of the following content at the end:

"For calculation of unemployment benefit the average salary is determined at the rate of 12 or 3 calendar months of work preceding month of the termination of the individual employment contract (with first on the first), with observance of provisions of the paragraph of the third Item 11 of this Procedure for calculation.";

The subitem 1) of Item 6 after the paragraph "in case of payment of educational leaves" to add 3) with the paragraph of the following content: "in case of calculation of unemployment benefit;".

3. In the Order of the Government No. 381 of April 13, 2006 "About payment terms of work of workers of the budget sphere" (Official monitor of the Republic of Moldova, 2006,, No. 66-69, of the Art. 431), with subsequent changes and amendments, to make the following changes and additions:

The Resolution to add 1) with Item of 51 following contents:

"51. Since June 1, 2011 the tariff charges and official pay rates for the personnel specified in appendices No. 1-15 to this Resolution are established in the sizes specified in appendices No., 18-19 to this Resolution";

2) in Uniform conditions of compensation of workers of the budget sphere:

add Item 6 with the new paragraph of the following content at the end:

"Length-of-service allowances are established also to junior medical personnel of organizations of social security.";

in Item 14:

in the second offer of paragraph one after the word "size" to add with the word "current";

introduce at the end the new paragraph of the following content:

"The head of budgetary institution with the consent of higher body has the right to one-time awards in connection with anniversaries, professional holidays, etc. which are paid for the account of economy of the funds allocated for compensation in the corresponding year and which size in each case shall not exceed it official pay rate.";

3) in appendix No. 1:

in Item 2 of notes to table 1:

the subitem d) after the words "teachers-speech pathologists" to add with words "(oligofrenopedagog, visual impairment specialists, surdopedagog, etc.)";

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