ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 3, 2005 No. 108

About approval of the Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability

For the purpose of accomplishment of provisions of the Law on temporary disability benefits and other benefits of social insurance No. 289-XV of July 22, 2004. The government DECIDES:

1. Approve Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability according to appendix No. 1.

2. To the Ministry of Labour and Social Protection and the Ministry of Health to bring the regulations into accord with this resolution.

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

Appendix №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 receive payment for unemployment (further – the unemployed), constantly living or temporarily staying in the Republic of Moldova have the right to temporary disability benefits (further – benefit).

2. Temporary disability benefit is granted in case when the insured person performing activities based on the individual employment contract or based on the service provision agreement or persons who independently perform profession of the doctor in one of forms of the organization of the professional activity provided by the Law No. 411/1995 on health protection the professional worker performing activities in the field of justice temporarily loses capability to work.

3. The right to benefits is confirmed by the leaf about the medical leave (further – medical leaf) constituted according to the procedure, established by the Government or based on electronic information from leaf on medical leave, transferred 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. Leaves, incorrectly/short filled are not accepted for allowance payment and return to the owner for correction on the same day. Неправильнная / incomplete electronic information from leaf on medical leave is not accepted for provision of benefits. Electronic information from medical leaf is adjusted by the supplier of medical services based on leaf about medical leave it is on paper and repeatedly provided to National cash desk of social insurance for review.

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 benefit stops from the date of, following behind day of dismissal/resignation. The 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 proves to be true based on the order (the order, the resolution, the decision) the employer.

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.

9. Payment of the sums of the benefits determined and which are not received by the receiver within 3 months in a row stops. Allowance payment is resumed based on the statement or the oral address of the receiver or the statement of the representative authorized by the power of attorney and the identity certificates of the applicant submitted to National cash desk of social insurance at the place of residence and is made backdating for the period, not exceeding three years preceding month of the address, but not earlier than month of suspension.

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, the calculation and allowance payment paid from means of the employer to the professional worker performing activities in the field of justice is performed by State Labour Inspection.

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);

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