RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 15, 1998 No. 189

About approval "Regulations on calculation and payment of compensations for compulsory national social insurance and benefits paid to temporarily disabled workers at the expense of means of the insurer"

According to article 16 of the Law of the Azerbaijan Republic "About social insurance" and the Note of Article 74 of the Labor code Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Regulations on calculation and payment of compensations for compulsory national social insurance and the benefits paid to temporarily disabled workers at the expense of means of the insurer" it (is applied).

2. Determine that the explanations connected using this provision are given by the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic.

3. Bring in "The instruction about procedure for issue of sick leave notes to the citizens paying social insurance premiums" approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval of procedure for issue of sick leave notes and purposes of compensations to the medical and improving purposes and their payments" of January 8, 1993 No. 9, the following changes:

3.1. The first offer in the third paragraph of Item 6 of the Section II to give in the following edition:

• "Ill long time if the term of their disease since day of disability for the last 12 months totally or continuously (in case of the same disease) constitutes more than 6 months, go for check to medico-social commission of experts".

3.2. Replace in the text of the instruction of the word "medical labor commission of experts" with the words "medico-social commission of experts".

4. Consider invalid appendices No. 1 and No. 3, No. approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval of procedure for issue of sick leave notes and purpose of compensations to the medical and improving purposes and their payments" of January 8, 1993 9, and also the Section II of the resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 3, 1995 No. 158 "About introduction of amendments to the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval of procedure for issue of sick leave notes and purpose of compensations to the medical and improving purposes and their payments" of January 8, 1993 No. 9".

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 15, 1998 No. 189

Regulations on calculation and payment of compensations for compulsory national social insurance and the benefits paid to temporarily disabled workers at the expense of means of the insurer

General rules

1. This Provision establishes conditions and rules of purpose of the obligatory state compensations on social insurance (further - social insurance indemnities) provided by the Law of the Azerbaijan Republic "About social insurance" and the Labor code of the benefit paid to temporarily disabled workers at the expense of means of the insurer provided in the Note of Article 74.

1.1. The benefit temporarily disabled insured during the first 14 calendar days is paid for the account of means of the insurer, and in the next days - at the expense of fees on compulsory national social insurance.

The amount and calculation of benefit are determined according to the procedure, provided by part II, and appointment and allowance payment are performed according to the procedure, provided by part VII of this provision.

2. Obligatory state social insurance indemnities are compensations issued in case of approach of social insured event. Treat them:

• the work pensions established by the relevant legislation of the Azerbaijan Republic;

• temporary disability benefit (for the period, determined by the legislation);

• maternity allowance;

• lump-sum allowance in case of the child's birth;

• child care allowance before achievement of age by it, stipulated by the legislation;

• benefit for burial;

• complete or partial expense recovery for sanatorium treatment of insured.

3. Persons involved in compulsory national social insurance have the right to social insurance indemnities.

Persons for benefit of whom during term, stipulated by the legislation, the obligatory state social insurance activity is not performed (except as specified, determined by the legislation) have no right to social insurance indemnities (pensions, benefits).

In case of purpose of the benefits issued at the expense of fees on compulsory national social insurance as social insurance years of service set of the periods of labor activity for which were contributed on compulsory national social insurance for benefit of the Law of the Azerbaijan Republic insured according to Article 8 "About social insurance" is considered.

The right of receipt of temporary disability benefit and maternity allowance extends to the faces having social insurance years of service at least 6 months. In both cases the maximum monthly limit according to article 6-1 of the Law of the Azerbaijan Republic "About work pensions" cannot exceed the 25-fold size of minimum amount of work pension.

Persons working for the insurers, by the legislation exempted from fee payroll contribution on compulsory national social insurance have the right to receive the added social insurance indemnities (except for work pensions) in the ratio the added amount of fees on compulsory national social insurance to the amount of fees which is subject to charge without releases on compulsory national social insurance.

4. Each citizen shall demand from the insurance which employed him on compulsory national insurance according to the Labor code of the Azerbaijan Republic and the Law of the Azerbaijan Republic "About social insurance" and "Provision of pensions of citizens". Trade-union committees of organizations, the companies and the organizations shall control employees engagement to compulsory national social insurance.

Taking into account features of service, the procedure for calculation, appointment and issue of the benefits established by this Provision to military personnel, persons with special ranks, to workers of subjects of intelligence and counterintelligence activities affirms the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic from coordination with the relevant state bodies (structures) in which these persons served (or worked).

I. Work pensions

5. Work pensions are issued according to the procedure and on the conditions provided by the relevant legislation.

II. Temporary disability benefit

6. Insured have the right to temporary disability benefit for the purpose of total or partial compensation of the salary, the income and additional expenses which they lost as a result of temporary disability.

This right arises in case temporary disability comes in the period of labor activity on which the fee on compulsory national social insurance was estimated.

Temporary disability benefit during the first 14 calendar days is paid for the account of means of the insurer, and in the next days - at the expense of fees on compulsory national social insurance.

If temporary disability continuously, consistently proceeds according to several sick leave notes, the benefit for the first 14 calendar days of temporary disability is paid for the account of means of the insurer only once, irrespective of the number of sick leave notes, and for the next days - at the expense of fees on compulsory national social insurance.

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