of August 11, 1993 No. 513
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
For the purpose of implementation of Art. 18 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008. The government of the Republic of Moldova DECIDES:
1. Approve 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 it (is applied).
2. Determine that the lump-sum allowance provided by the approved Provision is paid to persons having to it the right in connection with disability or the death of the worker owing to labor accident or occupational disease established according to the law.
3. In cases when payment of lump-sum allowance in connection with disability or the death of the worker owing to labor accident or occupational disease is made with violation of fixed terms of payment and the payment delay exceeds 12 calendar months, the amount of lump-sum allowance is recalculated 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. If the year preceding year of payment of lump-sum allowance matches with year of disability, then in case of determination of coefficient of recalculation the average monthly salary over the country in the year preceding year of payment is replaced with the average monthly salary over the country reached for months of year of payment which precede month of payment.
4. No. 428 is excluded according to the Order of the Government of the Republic Molova of 13.06.2011
5. To national bureau of statistics monthly to publish the average monthly salary across the Republic of Moldova.
Prime Minister
Republic of Moldova Andrey Sangeli
Approved by the order of the Government of the Republic of Moldova of August 11, 1993 No. 513
1. The companies, organizations and the organizations, irrespective of forms of their property and managing, bring (to dalneyshempredpriyaty) according to the legislation of the Republic of Moldova liability for the damage caused to workers as a result of labor accident or occupational disease.
Except compensation of the damage performed in the procedure established by the law, the company shall according to Art. 18 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008 to pay lump-sum allowance.
2. The company is exempted from payment of the lump-sum allowance provided by the current legislation if proves that the labor accident or occupational disease took place not through his fault.
3. Guilt of the company in labor accident or occupational disease is established by the state bodies which are specially authorized on that.
4. Action of this provision does not extend to military personnel of Armed Forces of the Republic of Moldova, the staff of bodies of the Ministry of Internal Affairs and the state security agencies (except persons working at basis of the employment contract or contract).
5. Workers to whom extent of disability owing to damage of health as a result of labor accident or occupational disease is established have the right of receipt of lump-sum allowance.
Extent of disability of the victims is determined by bodies of medical examination of viability as a percentage, established depending on loss of professional working capacity owing to labor accident or occupational disease.
6. In case of the death of the worker who was caused labor accident or occupational disease, lump-sum allowances are received in equal shares of person, having the right to it according to the current legislation.
If persons specified in part one of this Item no, the lump-sum allowance is paid in equal shares to the spouse (spouse), children and parents of the dead who (died) irrespective of their age, working capacity and other conditions.
In case of dispute the lump-sum allowance is paid to persons specified in part one and the second this Item based on the judgment.
7. The size of lump-sum allowance to workers to whom extent of disability owing to labor accident or occupational disease is established is determined at the rate of the average monthly salary by the Republic of Moldova in the month preceding month of disability for each percent of loss of professional working capacity, but annual average earnings of the victim suffice.
8. In case of the death of the worker who was caused labor accident or occupational disease the size of lump-sum allowance to persons having the right to it is determined in the amount received by multiplication of annual average earnings of the dead on number of the complete years which are not lived by it up to age of 60 years, but at least ten annual average earnings.
9. For calculation of the size of lump-sum allowance annual average earnings of the victim are determined for settlement period equal to two years (24 calendar months - with first on the first), prior to disability or the death of the worker owing to labor accident or occupational disease.
10. In case of determination of annual average earnings of the worker to which disability is established or who died for calculation of the size of lump-sum allowance months during which the victim actually did not work or worked incomplete quantity of the working days owing to disease, dismissal and in other cases of release from work provided by the current legislation are excluded when calculating and replaced other directly previous months. Months during which the victim actually did not work or worked incomplete quantity of the working days for other reasons are not excluded when calculating and not replaced other months.
11. If by the time of the request for payment of lump-sum allowance documents on the actual earnings of the labor mutilation which was injured before obtaining did not remain, the size of lump-sum allowance is estimated proceeding from the tariff charge (salary) operating at the time of the address for operating time which was carried out by the victim.
12. In case of calculation of the size of lump-sum allowance all types of the salary by which according to the existing rules contributions on social insurance are assessed are considered.
In case of determination of the actual earnings of the workers who received along with money and naturoplata, the naturoplata is estimated on the state retail prices of that period in which compensation was made.
13. In case of disability or the death of the worker as a result of labor accident or occupational disease during passing of inservice training (practice) when it had no earnings, the size of lump-sum allowance is estimated proceeding from rate (salary) by that profession (specialty) to which the victim studied (but not below the 2nd category).
14. If the working life of the worker with the established disability or the dead as a result of labor accident or occupational disease constitutes less than two calendar years, then for calculation of annual average earnings its actual earnings for all worked time are divided into number of the fulfilled days and the earnings received daily average are multiplied by number of the working days for complete 12 months preceding disability as a result of labor accident or occupational disease.
15. If the labor accident by which disability or the death of the worker was caused took place not only because of the company, but also owing to imprudence of the victim, then the mixed liability is applied. In this case the size of lump-sum allowance provided by Items 7 and 8 of this provision decreases depending on contributory guilt degree in labor accident. For payment of lump-sum allowance degree of contributory guilt is determined according to the procedure established by the legislation for compensation of damage to the victim as a result of labor accident.
In case of restriction of working capacity or the death of the worker as a result of occupational disease the lump-sum allowance is paid respectively in the sizes provided by Items 7 and 8 of this provision. At the same time the mixed liability is not applied.
16. In case of job placement on the companies and in the organizations of the Republic of Moldova located in other countries, annual average earnings of workers for calculation of the size 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 it is determined according to the procedure, established by this Provision.
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.
18. The application for payment of lump-sum allowance is submitted to the company guilty of labor accident or occupational disease.
19. Are enclosed to the application for payment of lump-sum allowance:
1) decision (copy) of bodies of medical examination of viability on establishment of extent of disability (as a percentage) injured labor accident or occupational disease;
2) the conclusion (copy) of the relevant state body making investigation of labor accident or occupational disease about availability of fault of the company in labor accident or occupational disease;
3) the documents confirming the right to lump-sum allowance in case of the death of the worker (the passport, the copy of the certificate on marriage, the certificate of the list of the members of the family of the dead including who were in its dependence or the copy of the relevant decision of court, etc.).
20. The company shall consider the application for payment of lump-sum allowance and make the relevant decision in time, not exceeding one month from the date of receipt of the statement with all necessary documents.
The decision of the company on payment of lump-sum allowance is drawn up by the order (order) of administration of the company. The order (order) shall be motivated, with indication of persons to whom the lump-sum allowance, its complete size, and also the size of part of each lump-sum allowance having the right and payment due dates which cannot exceed two months from the date of filing of application by interested persons is paid.
The copy of the order (order) of administration of the company on payment of lump-sum allowance or motivated written refusal about it is handed or sent to the applicant from the date of filing of application with all necessary documents in a month.
21. Payment of lump-sum allowance to persons having the right to its obtaining is made at the expense of own means by the company guilty of labor accident or occupational disease.
The companies financed from the republican budget pay lump-sum allowance at the expense of means of the relevant budget.
22. In case of absence at the company of necessary means payment of lump-sum allowance is made based on the judgment at the expense of any property and enterprise assets.
23. In case of reorganization or liquidation of the company guilty of labor accident or occupational disease, payment of lump-sum allowance to persons having the right to it is made by the legal successor (heir) or higher body.
24. In case of disability or the death of the worker as a result of labor accident or occupational disease during work in other countries payment of lump-sum allowance is made by the company, directed the victim to work to these countries if agreements with these countries do not provide other payment procedure of lump-sum allowance.
25. Deduction from the amounts paid in the form of lump-sum allowance are made in the same order, as payroll deductions.
26. Delivery, transfer of the amounts of lump-sum allowances are performed at the expense of the companies guilty of accident or occupational disease. At the request of receivers, these amounts can be transferred into their account in savings bank.
27. In case of disagreement of the victim or other interested person with the decision of the company on payment of lump-sum allowance or non receipt of the answer at the scheduled time they have the right to appeal to national court in the location of the company or for the place of their residence.
In case of dispute over occasion of payment of lump-sum allowance the company has the right to take a legal action in 10-day time from the date of receipt of the statement with all necessary documents of the victim or other interested person.
28. The amounts received on account of payment of lump-sum allowance by persons having the right to it can be collected back only under condition if the decision on their payment is based on obviously false data provided by interested persons false or reported by them and in case of calculating mistake.
29. The copy of the order (order) of administration of the company and the statement of the victim or other interested persons about payment of lump-sum allowance with all necessary documents are stored in separate case of each receiver in archive of the relevant company.
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