LAW OF THE REPUBLIC OF MOLDOVA

of July 22, 2004 No. 289-XV

About temporary disability benefits and other benefits of social insurance

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and scope of the law

(1) This law determines the right to benefits of social insurance for the prevention, restrictions, elimination of social risks and material support of persons having the right to such benefits in case of approach of the specified risks.

(2) Provisions of this law are applied in case of approach of the following insurance social risks: diseases, motherhood, education of the child, death.

Chapter II of Benefit of social insurance

Article 2. Right to benefits of social insurance

(1) the Right to benefits of social insurance is performed according to this law through the state system of social insurance.

(2) the insured persons who are constantly living or temporarily staying in the Republic of Moldova and also the unemployed having entitlement to benefit on unemployment (further - the unemployed have the Right to benefits of social insurance).

(3) Person has the right to the benefits of social insurance connected with social risks from which it is insured.

(4) According to this law insured persons have the right to benefits of social insurance and in cases of approach of insurance risk in the period of probation period or in day of dismissal. Persons working on the basis of the individual employment contract for certain term, and also the faces which appeared in situation of liquidation of the company lose the right to benefits from the date of expiration of the employment contract, except for entitlements to benefit on motherhood and temporary disability benefit, caused by labor accident or occupational disease. In case of cancellation of the individual employment contract for certain term, and also in case of liquidation of the company during stay in child care leave before achievement of age of 3 years by it the entitlement to benefit on education of the child remains also after cancellation of the employment contract provided that insured person did not find a job at other company.

(4-1) Right of insured person to the benefits provided by Items and), b) and g) parts (1) Article 5 and Item and) parts (1) Articles 15, it is established if this person lost the insured income at all companies where it works, for the entire period of medical leave.

(4-2) Right of insured person to benefit, stipulated in Item d) parts (1) Articles 5, it is established irrespective of receipt of the insured income for the period of maternity leave.

(5) Categories of persons which are subject to compulsory national insurance are determined by the Law on the state system of social insurance No. 489-XIV of July 8, 1999.

Article 3. International agreements (conventions)

If the international agreement (convention) on social insurance, one of the parties of which is the Republic of Moldova, other provisions in comparison with provided by this law are established, provisions of the international agreement (convention) are applied.

Article 4. Sources of financing of benefits of social insurance

(1) Allowance payment of social insurance, provided by Items b), c), d), d-1), d-2), f), f-1), g), h) and i) parts (1) Articles 5, it is performed completely by budget funds of the national social insurance.

(2) Voided according to the Law of the Republic of Moldova of 23.12.2013 No. 332

(2-1) Since 2013 allowance payment on the temporary disability caused by general disease or accident, not work-related, except as specified, provided by part (3) this Article, it is performed as follows:

a) the first five calendar days of temporary disability are paid from means of the employer, the free professional performing activities in the sphere of justice, but no more than 15 days in total amount in one calendar year in case of the numerous periods of temporary disability. Temporary disability benefit is paid to the unemployed from budget funds of the national social insurance from the first day;

b) since sixth calendar day of temporary disability, and in case of the numerous periods of temporary disability since first day of the expiration 15 total days paid from means of the employer, free professional performing activities in the sphere of justice, the benefit is paid from budget funds of the national social insurance.

(3) Allowance payment on temporary disability in cases of tuberculosis, AIDS, oncological disease or emergence of threat of termination of pregnancy, and also allowance payment on temporary disability to the expectant mothers staying on the registry in sanitary medical institutions is performed completely by budget funds of the national social insurance since first calendar day of temporary disability.

(4) Voided.

Article 5. Types of benefits of social insurance

(1) In the state system of social insurance insured persons have the right to the following benefits:

a) temporary disability benefit, caused by general disease or accident, not work-related;

b) benefit according to the prevention of diseases (quarantine);

c) benefit on working capacity recovery;

d) benefit on motherhood;

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