ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 8, 2014 No. 544

About approval of changes which are made to the Order of the Government No. 108 of February 3, 2005

The government DECIDES:

Approve changes which are made to the Order of the Government No. 108 of February 3, 2005. "About approval of the Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability and other benefits of social insurance" (are applied)

Approved by the Order of the Government of the Republic of Moldova of July 8, 2014 No. 544

Changes which are made to the Order of the Government No. 108 of February 3, 2005

In the Order of the Government No. 108 of February 3, 2005. "About approval of the Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability and other benefits of social insurance" (The official monitor to the Republic of Moldova, 2005, Art. No. 24-25, 162), with subsequent changes and amendments, makes the following changes:

And in Item 1 of the resolution of the word "and other benefits of social insurance" to exclude 1) in the name;

Appendix No. 1 to state 2) in the following edition:

"Appendix No. 1

to the Order of the Government of the Republic of Moldova of February 3, 2005 No. 108

Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability

I. General provisions

1. Persons insured in the state system of social insurance and the unemployed who are going on the dole (further – the unemployed), constantly living or temporarily staying in the Republic of Moldova have the right to temporary disability benefits (further – disability).

2. Temporary disability benefit (further – allowance) is granted in case when the insured person performing activities based on the individual employment contract or based on the service provision agreement, temporarily loses capability to perform work and the functions and service duties.

3. The right to benefits is confirmed by the leaf about the medical leave (further – medical leaf) issued according to the procedure, established by the Government. Leaves, incorrectly/short filled are not accepted for allowance payment and return to the owner for correction on the same day.

4. Person has the right to the types of benefit of social insurance connected with social risks from which it is insured.

5. In case of persons working based on the individual employment contract for certain term and/or based on the service provision agreement, the right on the benefit during medical leave provided before expiry date of the employment contract stops on the date of cancellation of the employment contract, and also in case of liquidation of the company, except for entitlements to benefit on motherhood and temporary disability benefit, caused by labor accident or occupational disease.

6. For person working at the basis of the individual employment contract signed sine die the right to the paid medical leave which began from the date of dismissal and continuing without interruption after dismissal remains if the status of insured person on the circumstances which are not depending on it is lost in this period (Items b), c), d), f), x) and y) parts (1) Article 86 of the Labor code of the Republic of Moldova No. 154-XV of March 28, 2003) that is confirmed by employment records and the written declaration under the personal liability that it is not insured face (according to appendix No. 6 to this Provision). After dismissal the benefit is paid by the company from which person was dismissed, or, in case of its liquidation, from budget funds of the national social insurance by National cash desk of social insurance (further – National cash desk).

7. In case temporary disability of insured person came in the period of the dispute resolution about legality of dismissal, the allowance is granted if insured person is recovered for work since day when according to the decision of degree of jurisdiction owed get to work.

8. The benefit can be required based on supporting documents in time, not exceeding 12 months from the date of recovery of working capacity, establishment of extent of restriction of opportunities, the end of maternity leave. Benefits are paid for the period, not exceeding 12 months preceding day of the address.

9. The benefits appointed, but not demanded timely are paid no more than for 3 years, preceding day of the request for not demanded benefit.

10. The benefits which are not paid timely because of the body appointing or paying benefits are issued for previous period without restriction with any term.

11. Control of correctness of appointment, calculation and allowance payment of social insurance perform:

a) Financial inspection - on the expenses incurred at the expense of means of the employer and the budget of the national social insurance;

b) National cash desk – on the expenses incurred at the expense of means of the government budget of social insurance;

c) State Labour Inspection – on the expenses incurred at the expense of means of the employer.

II. Purpose of benefits

12. In the state system of social insurance insured persons have the right to the following benefits:

a) temporary disability benefit, caused by general disease or accident, not work-related;

b) benefit on motherhood;

c) care allowance for a sick child;

d) benefit according to the prevention of diseases (quarantine);

e) benefit on working capacity recovery (prosthetics).

13. The unemployed have the right to benefits in the cases provided in subitems and) and b) Item 12 of this provision.

14. To persons working at several companies, the benefits provided in Item 12 and the subitem and) Item 37 of this provision, it is established if insured person confirms with the declaration under the personal liability (appendix No. 5 to this Provision) in writing loss in full of the insured income at all companies where it works, for the entire period of medical leave. The declaration moves along with medical leaf and the reference confirming the insured income gained at other companies.

15. Appointment, calculation and allowance payment, provided in subitems a), c), d), e) Item 12 and the subitem and) Item 37 of this provision, working at the basis of the individual employment contract are made by the company for the place of the main work (where the service record is stored).

16. Benefits are appointed by the employer according to this Provision by means of the organization of process of consideration of medical leaf, appointment, calculation and allowance payment.

17. If the company for principle place of employment suspended activities or the company is declared bankrupt, and insured person continues labor activity in combination at other company, calculation and allowance payment are performed by the company at which insured person continues labor activity in combination, after confirmation by insured person that the company for the place of the main work suspended activities or the company is declared by bankrupt.

18. Expenses on allowance payment on the temporary disability caused by general disease or accident, not work-related are performed at the expense of the employer and budget funds of the national social insurance according to the procedure, established in Item 97 of this provision.

19. The benefit on motherhood to the insured women, female pupils and wives who are on content at insured husbands (further – insured women), is appointed by territorial authorities of social insurance.

20. The benefit on motherhood to the unemployed is appointed by territorial agencies of employment of the population where they stay on the registry.

21. Conditions of purpose of benefits:

a) insured persons have the right to benefits in the presence of general insurance years of service at least 3 years;

b) insured persons at whom the general working life constitutes less than 3 years have the right to benefits in the presence of at least 9 months of insurance years of service from the last 24 months preceding approach of insurance risk;

c) the insured persons working according to the individual employment contract for certain term, including occupied on seasonal works have the right to benefits in the presence of the insurance years of service provided in subitems and) and b) this Item, or at least 12 months of insurance years of service from the last 24 months preceding approach of insurance risk;

d) the unemployed have entitlement to benefit in the presence of the insurance years of service provided in subitems and), b) this Item, or at least 12 months of insurance years of service from the last 24 months preceding approach of insurance risk, and receive benefits on condition of suspension for this period of allowance payment on unemployment.

e) insured women and the female unemployed have entitlement to benefit on motherhood irrespective of duration of insurance years of service.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info