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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 9, 2017 No. 90

About approval of the Procedure for indexation of compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer taking into account increase in prices for consumer goods and services

For the purpose of implementation of article 6 of the Law of the Kyrgyz Republic "About indexation of compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer taking into account increase in prices for consumer goods and services" according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for indexation of compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer taking into account increase in prices for consumer goods and services according to appendix.

2. This resolution becomes effective after fifteen days from the date of its official publication.

Prime Minister

S. Zheenbekov

Appendix

Procedure for indexation of compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer taking into account increase in prices for consumer goods and services

1. This Procedure determines rules of calculation of indexation of compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer in connection with increase in prices for consumer goods and services.

2. The purpose of indexation and payment of the corresponding compensation - social protection of victims on production in connection with increase in prices for consumer goods and services, and maintenance of their purchasing power.

3. The basis for indexation of compensation amount of harm is growth of consumption price index and service over 5 percent estimated in the accruing result from the moment of the previous indexation.

4. Observation of the change in price and rates in the republic, calculation of percent of growth (index) of the prices of consumer goods and services is performed by bodies of the state statistics. The price index monthly, is quarterly published in mass media and on the website of National Statistical Committee of the Kyrgyz Republic.

5. Indexations are subject harm compensation amounts which sizes do not exceed subsistence minimum for able-bodied population.

Indexation of compensation amount of harm is made in month in which the consumption price index and services exceeded the size (threshold) of price index in the amount of 5 percent from the moment of the previous indexation.

In case of increase in prices in month it is lower than 5 percent, the compensation amount of harm is not indexed and remains initial compensation amount of the harm done to the worker by the mutilation, occupational disease or other damage of health in case of execution of labor obligations which came because of the employer.

6. Calculation of the amount of compensations and their payment are performed monthly, since the first following after month in which the price index exceeded the size (threshold) of price index in the amount of 5 percent.

Example:

Harm compensation amount - 5000 som.

Consumer price index on goods and services - 106%:

5000 som x 6, % (106,0 - 100,0) = 300 som.

300 som increase to harm compensation amount:

5000 + 300 = 5300 som.

7. Financing of indexation of compensation amount of harm is performed:

- to employees of the state bodies and organizations financed from the republican budget - at the expense of means of the republican budget;

- to workers of local self-government and the local government offices financed from the local budget - at the expense of means of the local budget;

- to employees of other organizations - at the expense of own means.

8. Responsibility for correctness of charge and payment of compensations is assigned to heads of the companies, organizations, organizations.

9. The disputes over questions of compensation which did not find within one month of permission in the place of payment are subject to consideration in judicial authorities in accordance with the established procedure.

 

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