Legal liability in labour safety field

The notion of the labour safety Labour safety represents a sistem of social-economical measures and means, which are organizational, technical, prophylactical and which action on the base of legal acts and of other normative acts and which ensure the security of the employee and the health keeping, in order to mention the work capacity during the work process. The Law regarding the Labour Protection nr. 625-XII from 02.07.1991 provides in the article 3, the Legislation of the labour protection and its activity fields. According to the article nr.3 , the normative base of the labour protection is the Law regarding the Labour Protection nr. 625-XII from 02.07.1991, the Labour Code, and other normative and legal acts of the Republic of Moldova, including also the international acts which were approved by the Republic of Moldova, that establish the necessary requirements in labour safety field, related to the organization of the work and the means of production. The legal liability in labour safety field Regarding the legal liability in the labour protection, it is necessary to mention that according to the Article 244 “Responsibility for breach of the labour protection

a violation by an official or by a person managing a commercial. disciplinary. namely an action or inaction which has as result the violation of the subjective rights or the legal interests of a person. The violation of the legal acts regarding the labour protection can involve. in case of non-respecting of labour protection norms and of security requirements. . consists of the creation of some harmful work conditions. is a delictual liability.the existance of a damage that results from a negative consequence suffered by a person through the injury of the body integrity or through another injury of health or through death because of the illegal fact done by another person. In this sense. for persons with liability function . in the article 41. Thus. sanitation. or another nongovernmental organization of the safety regulations. . The legal liability of the employer for the caused damage of the employees’ health. we mention that. or other labor protection regulations if such a violation causes accidents involving people or other severe consequences shall be punished by a fine in the amount of 200 to 500 conventional units or by community service for 100 to 200 hours or by imprisonment for up to 2 years. The same actions. involves the applying of fine in the amount of 75 to 200 conventional units.the existance of an illegal fact . But in case if the same action that causes by imprudence the death of a person shall be punished by imprisonment for 2 to 6 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 3 years. it is stipulated that the administrative deflection. industrial. which must content the following general conditions: . in case of the unsafed security and of labour hygiene. according to the article 183 paragraph (1) from Criminal Code of the Republic of Moldova. The legal character of the employer’s fact.norms”. administrative and penal responsibility in accordance with the legislation in force. done over the minors involve the aspplying of the fine in the amount of 100 to 250 conventional units. in the Contraventional Code . social. Officials and employees culpable of breach of labour protection norms shall bear material. also the administrative responsability.

namely: . out of the unity territory. in circumstances provided in art. during the execution of the work obligations . in case of the injury of body integrity or of another injury of health. .the causal connection between illegal fact and the damage .if the damage has been caused to employee during the execution of the labour obligations. during the movement (displacement) from the domicile to the work place or by the employer’s mean of transport.. or in other circumstances. At the same the moment of the caused damage must exist labour relationships between employer and employee. especially: on the unity territory. indifferently if the damage has been caused to employee at the work place. beside the general conditions. the author of the injury has the obligation to indemnify the salary of the injured person or the failed income because of the loss or the reduction . the employer won’t be responsible fo the health caused damage out of the work time and when the employee dos not execute the obligations of work. special conditions. if the employer was bound to ensure the harmless conditions of work. According to the point 4 from the Decission of Supreme Court of Justice of the Republic of Moldova nr. 76 from the Labour Code of the Republic of Moldova. Also it is necessary to mention that the employer is not responsible during the suspention of the Individual labour Code .6\2005regarding the applying practice of the judicial courts of the material legislation about the cashing of the caused damage through the injury of body integrity or another health injury or through death. are necessary . but during the execution of the work obligations.the existance of the guilt of the person who done this illegal deed. it is necessary to specify that the health injury of the employee is considered that it was done according to the execution of the work duties. for the occurrence of the employer for the caused damage. So. According to the article 1418 from the Civil code of the Republic of Moldova. if it is the employee’s production results and appeared in the place where the employer was bound to ensure harmless work conditions. . namely the caused damage must be a consequence of the illegal fact.

07.the children of the insured person who have less than 18 years old. and also incured costs related with the health injury – of treatment. the clothes purchase. the insured persons have the right to the following benefits and to the compensations insurance: . The Law regarding the insurance for work accidents and professional illnesses (nr. . According to this Law. 6 from 04. or those who without exeeding the age of 23 years. have the right to the death indemnity which is offered in a fixed payment. just one time. accordind to the number and according to the category of persons under the maintenance of the insurer (asigurator): . for the professional rehabilitation. for the temporary incapacity of work.benefits (prestatii) for the medical rehabilitation. and as insurer for the work accidents and professional illnesses figures the National Social Insurance House and its territorial structure.indemnities of the temporary transfer to another work. including the ritual services and those of the church. Beside the mentioned costs. including the cost of the sanatorium sheet. 756-XIV\1999) the right of insurance for work accidents and professional illnesses is guaranted by the state. in case of the employee’s death insured as a result of a work accident or a professional illness. at the settlement of the compensations in case when through the illegal fact was caused the death of a person. . indemnities of disablement and for death.2005. .disabled children.of the work capacity. According to the point 22 from the Decision of the Supreme Court of Justice nr. the cost of the travel tickets (tour-retour) and so on and so forth. firstly will be calculated all the costs of care of the victim before the death and the costs of funerals. continue their study at the educational institutions (secondary and superior) (daily courses). the purchase of a special car. the additional eating.

The same thing we see at the legal liability of the employees. Beside the compensations. According to the same Law.the equivalent of 3 monthly salaries for the spouse or for one of the parents who in the moment of the death of the insured person.1991. the unity (employer) is bound to pay an unique indemnity for the loss of the work capacity or the death of the employee because of work accident.the equivalent of 12 monthly salaries for 3 or more children. .territorial unity. don’t work and take care of the insurer’s children who are under 3 years old.the spouse or one of the parents of the death employee or another person. Thus. criminal and (disciplinary) in the way provided by law. According to the Law regarding the Labour Protection nr.. .the equivalent of 8 monthly salaries for 2 children. in the article is specified the amendment of the persons with liability function for the violation of legal acts and other normative acts regarding the labour protection. . 625-XII from 02. as administrative sanction. . in the article 18 it is stipulated that for a child is established an equal indemnity with an equivalent of 5 medium monthly salries of the insurer . was included in a disability degree or achieved a retirement age.the equivalent of 3 monthly salaries for the survivor spouse who in the moment of the insured persons’s death. thus. for the violation by the person with liability function of legal acts and other normative acts regarding the labour protection is transfered to the budget of the administrative . who at the moment of the insurer’s death . they also have a material.07. as employer. doesn’t work or take care of the insured person’s children under 3 years old. . means of aquirement as form of fine. whre the unity is situated.

91 4.2002 5. activitatea cărora acordă dreptul la concediu de odihnă anual suplimentar plătit şi durata zilei de muncă redusă a personalului medico-sanitar nr.12. Dreptul muncii. USM.07. 223 . 1159 din 24. 1223 din 09. H O T Ă R Î R E cu privire la aprobarea Reglementării tehnice “Reguli generale de apărare împotriva incendiilor în Republica Moldova” RT DSE 1. Labour Code of the Republic of Moldova 3. vătămătoare şi deosebit de vătămătoare pentru care salariaţilor li se stabilesc sporuri de compensare nr. LEGEA asigurarii pentru accidente de munca si boli profesionale 10. Criminal Code of the Republic of Moldova 9. 1997 2.Bibliography: 1. Nicolae Romandaș.2004 7.11. 625-XII din 02. H O T Ă R Î R E cu privire la aprobarea Listei . Eduard Boisteanu.HOTARIRILE Plenului Curtii Supreme de Justit Vișnevschi Irina Gr. L E G E cu privire la protecţia muncii nr.2004 6.2007 8.01-2005 nr. H O T Ă R Î R E despre aprobarea Regulamentului cu privire la evaluarea condiţiilor de muncă la locurile de muncă şi modul de aplicare a listelor ramurale de lucrări pentru care pot fi stabilite sporuri de compensare pentru munca prestată în condiţii nefavorabile nr.tip a lucrărilor şi locurilor de muncă cu condiţii grele şi deosebit de grele.10. 1335 din 10. 1487 din 31. Chisinau.10. H O T Ă R Î R Eprivind aprobarea Nomenclatorului profesiilor şi funcţiilor cu condiţii de muncă vătămătoare.

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