of February 3, 2005 No. 108
About approval of the Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability
For the purpose of accomplishment of provisions of the Law on temporary disability benefits and other benefits of social insurance No. 289-XV of July 22, 2004. The government DECIDES:
1. Approve Regulations on appointment conditions, procedure for calculation and allowance payment on temporary disability according to appendix No. 1.
2. To the Ministry of Health, work and social protection to bring the regulations into accord with this resolution.
3. Recognize invalid the orders of the Government according to appendix No. 2.
Minister of Labour and Social Protection
Appendix No. 1
to the Order of the Government of the Republic of Moldova of February 3, 2005 No. 108
1. Persons insured in the state system of social insurance and the unemployed who go on the dole (further – the unemployed), constantly living or temporarily staying in the Republic of Moldova have the right to temporary disability benefits (further – disability).
2. Temporary disability benefit is granted in case when the insured person performing activities based on the individual employment contract or based on the service provision agreement or persons who independently perform profession of the doctor in one of forms of the organization of the professional activity provided by the Law No. 411/1995 on health protection the professional worker performing activities in the sphere of justice temporarily loses capability to work.
3. The right to benefits is confirmed by the leaf about the medical leave (further – medical leaf) constituted according to the procedure, established by the Government or based on electronic information from leaf on medical leave. Leaves, incorrectly/short filled are not accepted for allowance payment and return to the owner for correction on the same day. Nepravilnnaya / incomplete electronic information from leaf on medical leave is not accepted for provision of benefits. Electronic information from medical leaf is adjusted by the supplier of medical services based on leaf about medical leave it is on paper and repeatedly provided to National cash desk of social insurance for review.
4. Person has the right to the types of benefit of social insurance connected with social risks from which it is insured.
5. In case of persons working based on the individual employment contract for certain term and/or based on the service provision agreement, the right on the benefit during medical leave provided before expiry date of the employment contract stops on the date of cancellation of the employment contract, and also in case of liquidation of the company, except for entitlements to benefit on motherhood and temporary disability benefit, caused by labor accident or occupational disease.
6. For person working at the basis of the individual employment contract signed sine die the right to the paid medical leave which began from the date of dismissal and continuing without interruption after dismissal remains if the status of insured person on the circumstances which are not depending on it is lost in this period (Items b), c), d), f), x) and y) parts (1) Article 86 of the Labor code of the Republic of Moldova No. 154-XV of March 28, 2003) that proves to be true based on the order (the order, the resolution, the decision) the employer.
7. In case temporary disability of insured person came in the period of the dispute resolution about legality of dismissal, the allowance is granted if insured person is recovered for work since day when according to the decision of degree of jurisdiction owed get to work.
8. The benefit can be required based on supporting documents in time, not exceeding 12 months from the date of recovery of working capacity, establishment of extent of restriction of opportunities, the end of maternity leave.
9. Payment of the sums of the benefits determined and which are not received by the receiver within 12 months in a row stops. Allowance payment is resumed on the basis of the statement of the receiver or the representative authorized by the power of attorney and the identity certificates of the applicant submitted to body of social insurance and no more than three years preceding month of the address, but not earlier than month of suspension are paid in retroactive procedure for the period.
10. The benefits which are not paid timely because of the body appointing or paying benefits are issued for previous period without restriction with any term.
11. Control of correctness of appointment, the calculation and allowance payment paid from means of the employer to the professional worker performing activities in the sphere of justice is performed by State Labour Inspection.
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