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Ministry of Justice

Republic of Tajikistan 

 On October 30, 2014 No. 792

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 21, 2014 No. 661

About the Procedure for compensation of damage by the employer in connection with deterioration in health or the death of workers

According to Article 156 of the Labor code of the Republic of Tajikistan, article 28 of the Law of the Republic of Tajikistan "About labor protection" and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for compensation of damage as the employer in connection with deterioration in health or the death of workers it (is applied).

2. To the ministries and departments, the organizations, organizations and the companies, irrespective of patterns of ownership to make compensations of the damage caused to workers in case of execution of labor obligations according to Procedure for compensation of damage by the employer in connection with deterioration in health or the death of workers.

3. Recognize invalid the resolution of Council of Ministers of the Republic of Tajikistan of March 20, 1994, No. 134 "About questions of compensation by the companies, organizations, organizations of the damage caused to workers, mutilation by occupational disease, or other damage of health connected with execution of labor obligations" and the order of the Government of the Republic of Tajikistan of April 17, 1998, No. 118 "About modification and amendments in the resolution of Council of Ministers of the Republic of Tajikistan of March 20, 1994, No. 134".

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of October 21, 2014, No. 661

Procedure for compensation of damage by the employer in connection with deterioration in health or the death of workers

1. General provisions

1. The procedure for compensation of damage by the employer in connection with deterioration in health or the death of workers (further - this Procedure), governs the relations on compensation of damage, the become reason of mutilation, occupational disease or the death of workers (further - labor mutilations) in case of execution of labor obligations.

2. The employer bears liability for the damage caused to health of workers, employees, members of Dehkan (farmer) farms and other cooperatives and also to the citizens working under civil agreements as a result of receipt of the labor mutilation which occurred because of the employer both in the territory of the company of the employer, and beyond its limits, and also in travel time to place of employment or from work on the transport provided by the organization.

3. The employer shall indemnify in full the loss caused to health of the worker in case of execution of labor obligations by it by source of enhanced danger if does not prove that the damage arose owing to force majeure, or on imprudence of the victim.

4. If the damage is caused to health of the worker not by source of enhanced danger, then the employer is exempted from its compensation if proves that the damage is caused not through his fault.

5. The labor mutilation is considered come because of the employer if it occurred owing to not providing safe working conditions with it.

6. As the proof of employer's liability for the caused damage the following documents can serve:

- act of labor accident, sentence or judgment, resolution of the prosecutor, body of inquiry or pretrial investigation;

- the conclusion of the technical inspector of work or other officials exercising control and supervision of the legislation on work, industrial safety rules, regulations of labor safety and investigation, labor accidents;

- the medical certificate about occupational disease;

- the order of the employer on imposing of authority punishment or imposing of administrative penalty by authorized body on officials;

- the resolution of trade-union committee or employee representatives before the employer about compensation by the organization to the budget of the national social insurance of expenses on payment to the worker of temporary disability benefit in connection with labor mutilation.

7. If imprudence of the victim promoted origin or increase in damage, then depending on contributory guilt degree the amount of compensation respectively decreases. In case of imprudence of the victim and lack of fault of the employer in case its responsibility comes irrespective of fault, the amount of compensation also respectively decreases. At the same time the refusal in compensation of damage is not allowed.

8. In case of determination of degree of contributory guilt the conclusion of trade-union committee of the employer or other representative on this matter is considered by employees of representative body.

9. The mixed liability is not applied as the accessorial liability in case of payment of lump-sum allowance, and also in case of compensation of damage in connection with the death of the supporter.

10. Compensation of damage to the victim consists of payments of additional expenses on treatment, sums of money in the amount of earnings (or its corresponding part) depending on extent of loss of professional working capacity owing to this labor mutilation, monthly allowance, lump-sum allowance and in compensation of moral damage.

11. Extent of loss of professional working ability of the victim owing to labor mutilation is determined by state body of medico-social examination as a percentage, according to the procedure, established by the legislation of the Republic of Tajikistan.

12. With determination of extent of loss of professional working capacity, in the presence of the bases the corresponding group of disability is established and needs of the victim in additional types of the help are determined.

13. Compensation amounts of damage are subject to indexation in connection with increase in consumer prices according to the procedure, established by the legislation of the Republic of Tajikistan.

14. In case of increase in the amount of compensation, all compensation amounts of damage increase in proportion to increase in the amount of compensation.

2. Procedure for consideration of the applications about compensation of damage

15. The application for payment of compensation of damage is submitted addressed to administration of the employer which bears damage liability, caused by labor mutilation.

16. In case of liquidation or reorganization of the employer the application is submitted to his legal successor.

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