Report

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

norms, Officials and employees culpable of breach of labour protection norms shall bear material, disciplinary, administrative and penal responsibility in accordance with the legislation in force. Thus, according to the article 183 paragraph (1) from Criminal Code of the Republic of Moldova, a violation by an official or by a person managing a commercial, social, or another nongovernmental organization of the safety regulations, industrial, sanitation, 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. 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. The violation of the legal acts regarding the labour protection can involve, for persons with liability function , also the administrative responsability. In this sense, we mention that, in the Contraventional Code , in the article 41, it is stipulated that the administrative deflection, involves the applying of fine in the amount of 75 to 200 conventional units. The same actions, done over the minors involve the aspplying of the fine in the amount of 100 to 250 conventional units. The legal liability of the employer for the caused damage of the employees health, is a delictual liability, which must content the following general conditions: - the existance of an illegal fact , namely an action or inaction which has as result the violation of the subjective rights or the legal interests of a person. The legal character of the employers fact, consists of the creation of some harmful work conditions, in case of non-respecting of labour protection norms and of security requirements, in case of the unsafed security and of labour hygiene; - 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;

- the causal connection between illegal fact and the damage , namely the caused damage must be a consequence of the illegal fact; - the existance of the guilt of the person who done this illegal deed. According to the point 4 from the Decission of Supreme Court of Justice of the Republic of Moldova nr.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, for the occurrence of the employer for the caused damage, are necessary , beside the general conditions, special conditions, namely: - at the moment of the caused damage must exist labour relationships between employer and employee; - if the damage has been caused to employee during the execution of the labour obligations. At the same time, 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, if it is the employees production results and appeared in the place where the employer was bound to ensure harmless work conditions, especially: on the unity territory, indifferently if the damage has been caused to employee at the work place, during the execution of the work obligations , or in other circumstances; out of the unity territory, but during the execution of the work obligations, if the employer was bound to ensure the harmless conditions of work; during the movement (displacement) from the domicile to the work place or by the employers mean of transport. So, the employer wont be responsible fo the health caused damage out of the work time and when the employee dos not execute the obligations of work. Also it is necessary to mention that the employer is not responsible during the suspention of the Individual labour Code , in circumstances provided in art. 76 from the Labour Code of the Republic of Moldova. According to the article 1418 from the Civil code of the Republic of Moldova, in case of the injury of body integrity or of another injury of health, 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

of the work capacity, and also incured costs related with the health injury of treatment, the additional eating, the purchase of a special car, including the cost of the sanatorium sheet, the cost of the travel tickets (tour-retour) and so on and so forth. The Law regarding the insurance for work accidents and professional illnesses (nr. 756-XIV\1999) the right of insurance for work accidents and professional illnesses is guaranted by the state, and as insurer for the work accidents and professional illnesses figures the National Social Insurance House and its territorial structure. According to this Law, the insured persons have the right to the following benefits and to the compensations insurance: - benefits (prestatii) for the medical rehabilitation, for the professional rehabilitation, for the temporary incapacity of work; - indemnities of the temporary transfer to another work, indemnities of disablement and for death. According to the point 22 from the Decision of the Supreme Court of Justice nr. 6 from 04.07.2005, at the settlement of the compensations in case when through the illegal fact was caused the death of a person, firstly will be calculated all the costs of care of the victim before the death and the costs of funerals, including the ritual services and those of the church, the clothes purchase. Beside the mentioned costs, in case of the employees death insured as a result of a work accident or a professional illness, 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): - the children of the insured person who have less than 18 years old, or those who without exeeding the age of 23 years, continue their study at the educational institutions (secondary and superior) (daily courses); - disabled children;

- the spouse or one of the parents of the death employee or another person, who at the moment of the insurers death , dont work and take care of the insurers children who are under 3 years old. According to the same Law, 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 ; - the equivalent of 8 monthly salaries for 2 children; - the equivalent of 12 monthly salaries for 3 or more children; - the equivalent of 3 monthly salaries for the survivor spouse who in the moment of the insured personss death, was included in a disability degree or achieved a retirement age; - 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, doesnt work or take care of the insured persons children under 3 years old. Beside the compensations, 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. According to the Law regarding the Labour Protection nr. 625-XII from 02.07.1991, 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. Thus, means of aquirement as form of fine, as administrative sanction, 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 - territorial unity, whre the unity is situated. The same thing we see at the legal liability of the employees, thus, as employer, they also have a material, criminal and (disciplinary) in the way provided by law.

Bibliography: 1. Nicolae Romanda, Eduard Boisteanu, Dreptul muncii, Chisinau, USM, 1997 2. Labour Code of the Republic of Moldova 3. L E G E cu privire la protecia muncii nr. 625-XII din 02.07.91 4. H O T R R E despre aprobarea Regulamentului cu privire la evaluarea condiiilor de munc la locurile de munc i modul de aplicare a listelor ramurale de lucrri pentru care pot fi stabilite sporuri de compensare pentru munca prestat n condiii nefavorabile nr. 1335 din 10.10.2002 5. H O T R R Eprivind aprobarea Nomenclatorului profesiilor i funciilor cu condiii de munc vtmtoare, activitatea crora acord dreptul la concediu de odihn anual suplimentar pltit i durata zilei de munc redus a personalului medico-sanitar nr. 1223 din 09.11.2004 6. H O T R R E cu privire la aprobarea Listei - tip a lucrrilor i locurilor de munc cu condiii grele i deosebit de grele, vtmtoare i deosebit de vtmtoare pentru care salariailor li se stabilesc sporuri de compensare nr. 1487 din 31.12.2004 7. H O T R R E cu privire la aprobarea Reglementrii tehnice Reguli generale de aprare mpotriva incendiilor n Republica Moldova RT DSE 1.01-2005 nr. 1159 din 24.10.2007 8. Criminal Code of the Republic of Moldova 9. LEGEA asigurarii pentru accidente de munca si boli profesionale 10.HOTARIRILE Plenului Curtii Supreme de Justit

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