RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of January 9, 2003 No. 3

About approval of the Rules, conditions of issue and benefits amount performed to the worker whose health is broken owing to production accident or occupational disease, or to family members and other faces of the worker who died for this reason which are on care

According to the third part of Article 239 of the Labor code of the Azerbaijan Republic the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules, conditions of issue and benefits amount performed to the worker whose health is broken owing to production accident or occupational disease or to family members and other faces of the worker, dead which are on care for the same reason" (are applied).

2. Declare invalid the resolution of the Cabinet of Ministers of the Azerbaijan Republic "Rules of compensation by the companies, organizations, organizations of damage to the workers who sustained injuries, occupational disease on duty or to families of the workers who died for these reasons" of September 24, 1996 No. 129.

3. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 9, 2003 No. 3

Rules, conditions of issue and benefits amount, issued to the worker whose health is broken owing to production accident or occupational disease, or to family members and other faces of the worker, dead which are on care for the same reason

1. General provisions

1.1. In the Azerbaijan Republic health and safe working conditions of workers are regulated by the Labor code of the Azerbaijan Republic.

These rules on the basis of the Labor code of the Azerbaijan Republic establish rules, conditions of issue and benefits amount performed to the worker whose health is broken owing to production accident or occupational disease, or to family members and other faces of the worker, dead which are on care for the same reason.

In case of violation at the worker of health owing to production accident or occupational disease or his death for the same reason (further - "labor mutilation on production") the guilty companies, organizations and the organizations (further - "the guilty employer" (the guilty company)") based on the relevant act of investigation of accident bear liability for the harm done to the worker according to the legislation. Such loss is indemnified at the guilty companies for the income account, and at the companies financed from the budget - by budgetary or extrabudgetary funds according to the Law of the Azerbaijan Republic "About clearing settlements.

Monthly payments, and also the expenses which are in addition suffered by it in connection with violation of health are paid to the victim depending on degree of the professional working capacity lost by him owing to labor mutilation (and in the absence of professional working capacity - general working capacity).

The damage suffered, except the harm which arose on intention of the victim is compensated irrespective of contributory guilt degree.

1.2. To other persons which are on care according to their address instead of monthly payment for the account of the government budget the monthly benefit for the term established by the legislation is issued to the worker whose health is broken owing to production accident at the state companies privatized and transferred to the control or occupational disease, or to members of the family of the worker, the dead for the same reason and.

1.3. The guilty employer shall compensate the harm done because of labor mutilation in the presence of the following documents:

the statement of labor accident which is drawn up in the form established by the legislation or sentence (the resolution, the decision) of court on the labor accident which happened to the worker because of non-compliance with industrial safety rules by the employer;

the certificate of medico-social commission of experts (MSEK) confirming loss by the worker of professional working capacity either its occupational disease, or the death certificate of the worker.

1.4. The guilty employer pays to the workers who lost working capacity or the patients with occupational disease owing to labor accident who are temporarily transferred to easy work based on the conclusion of the relevant medical and consulting commission or MSEK, difference between the former salary and the salary on new place of employment. This difference shall be paid before recovery of working ability of the worker, determination of disability or limited opportunities of health.

1.5. MSEK according to acting with the legislation determines the term, extent (percent) of loss by the victim of professional working capacity (and in the absence of professional trudosposobnostiobshchy working capacity) owing to labor mutilation on production, group of disability, limited opportunities of health, and also the expenses which are in addition suffered by it in connection with violation of health (on the strengthened food, artificial limbs, foreign leaving and so forth), and passes about it the decision.

2. Types and the amount of payments for the harm done to the victim

2.1. Indemnification, caused by decrease in working capacity or the death of the victim owing to labor mutilation on production, is performed by monthly payments.

Such monthly payment is established and paid in percentage ratio of the professional working capacity lost by the victim owing to mutilation to the average monthly salary which he had before receipt of mutilation or about day of loss of professional working capacity.

To the persons which are dependent on person who died owing to labor mutilation on production, and having the right to monthly payment for harm, payment is established in the amount of 100% of the actual average monthly salary to the death of the supporter.

2.2. Due to the labor mutilation the guilty company refunds to the victim the expenses which are in addition suffered in connection with violation of health including on treatment, additional food, purchase of drugs, prosthetics, foreign leaving, sanatorium treatment, acquisition of special vehicles, retraining under condition if need of the victim for these types of the help and leaving and lack at it of the right to their free obtaining are established.

2.3. In case of determination of the amount of monthly payment for harm the disability pension granted to the victim in connection with causing mutilation or other violation of health, and also other pensions, benefits and other similar payments appointed as before damnification to his health, and after that are not taken into consideration and do not lead to decrease in the amount of indemnification (do not join in the account of indemnification).

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