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Approved by the Resolution of the president of Turkmenistan of January 15, 1999 No. 4039

Rules of compensation of the damage caused to the worker by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by it

1. General provisions

1. The companies, organizations and the organizations, irrespective of patterns of ownership, accessory and types of their activities (the company hereinafter is referred to as further), and also persons who are engaged in business activity (the employer hereinafter is referred to as further), bear liability for the damage caused to health of workers, employees, members of country associations, the citizens working according to the works agreements, mutilation, occupational disease or other damage of health (further hereinafter is referred to as labor mutilation) connected with execution of labor obligations by them, event both in the territory of the company (employer) and beyond its limits.

2. Compensation of damage consists in payment to the victim of sums of money in the amount of earnings or its corresponding part which it lost owing to disability or its decrease, and also in compensation of the additional expenses caused by damage of health.

3. The labor mutilation is considered come because of the employer if it occurred owing to not providing healthy and safe working conditions with it according to article 15 of the law of Turkmenistan "About labor protection".

4. The employer is exempted from compensation of damage if proves that the damage is caused not through his fault.

5. The following documents can serve as the proof of fault of the employer for the caused damage:

act of labor accident;

sentence, the judgment, the resolution of the prosecutor or the bodies authorized on that;

the conclusion of state bodies or officials (bodies) exercising supervision and control of condition of labor protection and observance of requirements legislative and regulations on labor protection about the reasons of damage of health;

the medical certificate about occupational disease, the medical certificate about establishment of group of disability, the death certificate in case of death on production;

other documents, and also testimonies of witnesses.

7. Compensation of the damage caused to the worker owing to labor mutilation or other damage of health or death (including in case of approach of disability or death after moving of the victim), in the territory of other state is made according to the Agreement of Heads of the government of the Commonwealth of Independent States of September 09, 1994 "About mutual recognition of the rights to indemnification, caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them".

8. If the labor mutilation came not only because of the company, but also owing to rough imprudence of the victim (the non-compliance or violation of the law on labor protection which is not allowing similar actions), the amount of compensation of damage shall be reduced depending on contributory guilt degree.

9. The mixed liability is not applied to additional types of compensation of damage, and also in case of compensation of damage in connection with the death of the supporter.

10. Extent of loss of professional working ability of the victim is determined as a percentage by medico-social commission of experts. At the same time to it the group of disability is at the same time established and need for additional types of the help is determined.

11. The amounts of all types of compensation of damage are subject to indexation in connection with change of the amount of compensation according to the legislation of Turkmenistan.

2. The extent of the damage which is subject to compensation to the victim

12. The amount of compensation of damage is determined as a percentage to average monthly earnings of the victim for the last 12 calendar months of work which it lost owing to the disability or decrease it corresponding to extent of loss of professional working capacity by it less public welfare payment on disability in connection with labor mutilation.

13. The amount of earnings from which the amount of compensation of damage is estimated considers all types of remuneration for work (service), including payment for overtime work during week-end, memorable and holidays and for combining jobs, except different payments of one-time nature (compensation for unused leave, dismissal wage in case of dismissal, etc.). For the period temporary disability and maternity leave the paid benefit is considered.

The royalties are considered on an equal basis with earnings for other work.

The grant paid for the period training is equated (at the request of the damage which addressed for compensation) to earnings.

14. Average monthly earnings are determined for 12 calendar months of work (service, except compulsory military service) preceding labor mutilation either loss or decrease in working capacity in connection with labor mutilation (at the choice of the victim). In case of occupational disease at the request of the victim average monthly earnings can be determined for 12 calendar months of the work which are preceding termination of work, entailed such disease.

From among months for which average monthly earnings are counted, it is excluded (at the request of the victim) incomplete months of work in connection with its beginning or the termination not from the first and months (including incomplete) the leave granted in connection with child care aged up to three years and also operating time during which the victim was disabled person or received compensation of the damage caused by labor mutilation performed care of the disabled person of 1 group, the handicapped child aged up to 16 years or aged, needing foreign leaving according to the conclusion of medical institution. At the same time the excluded months are replaced with others, directly prior to months.

15. The average monthly earnings for the period works specified in Item 14 of these rules are counted by division of total amount of earnings into 12 calendar months of work (service).

If work was continued less than 12 calendar months, average monthly earnings are counted by division of total amount of earnings for actually worked complete months on number of these months.

When the period of work constituted less than one calendar month, the amount of compensation is estimated on average in year proceeding from conditional monthly earnings which are determined as follows: earnings for all worked time are divided into number of the worked days and the received amount is multiplied by number of the working days in month. In this case earnings from which compensation of damage is estimated shall not be less, than at other workers is the corresponding profession and qualification.

In case of impossibility of receipt of documents on the actual earnings (the worker after acceptance did not work any day because of the employer for work or owing to disease, dismissal and in other cases of release from work provided by the current legislation) the amount of compensation of damage is determined on an equal basis with official pay rates (tariff charges) of other workers of the corresponding profession and qualification.

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