of February 11, 1999 No. 278-XIV
About procedure for recalculation of compensation amounts of the damage caused to workers by the mutilation or other damage of health connected with execution of labor obligations by them
The parliament adopts this organic law.
Art. 1. - (1) This law establishes procedure for recalculation of the initial compensation amounts of damage determined according to the current legislation to persons who lost working capacity owing to labor accident or occupational disease and also persons having the right to compensation of damage in case of loss of the supporter as permanent on the basis of average monthly earnings over the country the mechanism of compensation of losses of these persons.
(2) Provisions of this law are obligatory for accomplishment by all companies, organizations, organizations and other legal entities, irrespective of type of property and form of business.
Art. 2. - (1) for the purposes of this law the initial compensation amount of damage represents part of average monthly earnings which the victim had for 12 calendar months preceding labor accident or ascertaining of occupational disease, estimated proceeding from percent of loss of professional working capacity by it.
(2) In cases when the victim is granted disability pension, the initial compensation amount of damage decreases on the amount of this pension.
Art. 3. - The initial compensation amount of damage is estimated according to the existing regulations about compensation by the companies, organizations, organizations of the damage caused by the worker and the serving mutilation or other damage of health connected with execution of labor obligations by them. The specified amount is subject to change only in case of change of percent of disability or group of disability subsequently.
Art. 4. - (1) Recalculation of initial compensation amount of damage is made as follows:
a) the individual coefficient of recalculation equal to ratio of average monthly earnings is determined by the country in the year preceding the current year of payment of compensation amount of damage, and average monthly earnings over the country in years which months were included in calculation of average earnings from which the initial compensation amount of damage was estimated. Individual coefficients of recalculation are determined to within four signs after comma;
b) the current size of damage compensation amount by multiplication of the initial compensation amount of damage determined later ascertainings of labor accident or occupational disease by individual coefficient of recalculation is determined. The new size of compensation amount of damage is established in lei and baths.
(2) the Size of average monthly earnings over the country in the year preceding the current year of payment, the recalculation applied to determination of individual coefficients is represented annually the Ministry of Labour and Social Protection for publication in the Official monitor of the Republic of Moldova.
Art. 5. - Recalculation of compensation amounts of damage according to the procedure, specified in part (1) Articles 4, it is performed annually, since April 1, in cases when average monthly earnings over the country in the year preceding the current year of payment exceed at least average monthly earnings over the country accepted in case of the previous calculation of compensation amounts of damage for 5 percent.
Art. 6. - According to the procedure, established by this law, also compensations to persons having the right to compensation of damage in case of loss of the supporter are recalculated.
Art. 7. - The damage compensation amounts counted as of April 1, 1998 according to the procedure for recalculation operating till July 19, 1998 are paid till March 31, 1999 in earlier established sizes.
Art. 8. - Control over the implementation of this law is exercised by the bodies authorized on that according to the current legislation.
Chairman of the parliament
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