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| Article :
8 |
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In case of a
occupational accident resulting in a temporary
or permanent disability accounting for over
20%, and in inability to return to work, that
is, the accident causes temporary absence
at work, the victim shall be entitled to daily
allowances beginning from the 5th day after
the accident occurred as long as he/she has
the certified letter of physician recognized
by MOSLAVY, in addition to receiving the allowances
provided in article 7.
The daily allowances shall be equivalent to
the average daily wage of the victim.
The average daily wage shall be equivalent
to the quotient of the base wage by the number
of working days of the victim.
The base wage shall be equivalent to the sum
of the net wage and other fringe benefits
such as overtime, duty allowances, and other
allowances in such forms as transportation,
vocation, and mission, except for family allowances.
The amount of base wage shall be determined
in compliance with the following criteria
1. Equivalent to, if the wage is payable monthly,
the wage for the last month, i.e. the month
before month, when the accident occurred.
2. Equivalent to, if the wage is payable fortnight,
the wage for the last two consecutive fortnights
before the fortnight the accident occurred.
3. Equivalent to, if the wage is payable weekly,
the wage for the last four consecutive weeks
before the week the accident occurred.
4. Equivalent to, if the wage is payable daily
or irregularly, the total amount of a month's
daily wages of working days plus paid holidays,
as of the day the accident occurred.
5. Equivalent to, if the wage is payable more
than one months but can be drawn once every
quarter, the total wage for three months as
of the day the accident occurred.
6. Equivalent to, if the victim had seasonal
or intermittent work, the total wages for
twelve months as of day the accident occurred.
The calculation of base wage shall be based
on the above criteria, if within 30 days
as of the day the accident occurred, the
victim has suspended work due to an illness,
an ordinary accident, a birth delivery,
paid leave, leave of absence, or illness
or injury leading to a relapse.
Upon receiving certification from the Department
of Labour Medicine on the recovery and ability
to return to work:
- If the person fails to report to work
within 6 working days since the reception
of the above certification letter, he/she
shall be considered as having abandoned
the job.
- The employer shall reinstate him/her.
In case of inability to reinstate him/her,
however, the employer shall pay him/her
the lump sum equivalent to the daily average
wage for 12 months.
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| Article :
9 |
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In case of a
work-related accident resulting in a permanent
loss of over twenty percent of working capacity,
or death officially certified by a physician
recognized by MOSALVY, the victim or his/her
beneficiary shall have the right to receive
annuity.
The annuity is a function of an annual base
wage and the level of the loss of the work
capacity of the victim. The annuity for occupational
accidents shall be provided after the recovery
from injuries. During treatment period, the
victim shall have the right to receive the
daily allowances provided in article 8.
The annual base wage of the victim shall
be in compliance with the following criteria:
- Equivalent to, in normal condition, the
base wage of the victim provided in Article
8 during the period of twelve months as
of the day the accident occurred.
- Equivalent to, if the victim had been
employed in whatever vocation for yet less
than complete twelve months as of day the
accident occurred, the wage he/she had been
receiving as of the day the accident occurred.
Despite this provision, the victim may have
the right to receive the same or better
benefits as stated in the preceding paragraph.
- Equivalent to, if the victim has not worked
for twelve months as of the day he/she fails
to report for work due to an illnesses,
an ordinary accident, a birth delivery,
paid leave, or leave of absence, the average
wage for the period of twelve months as
of the day he/she failed to report for work
due to the occupational accident.
In case the ratio of the loss of the working
capacity accounts for 50%, the victim shall
have the right to receive an annuity calculated
as follows:
R1 - Annual Annuity
R1= 1/2SX1 where S - Annual Base Wage
X1 - Ratio of loss of permanent working
capacity from
20% to 50%
Where this ratio is more than 50% the annuity
shall be calculated as follows:
R2 - Annual Annuity
R2= S[1/250% + 1.5 (X2 - 50%)] where S -
Annual Base Wage
X2 - Ratio of loss of permanent
working capacity exceeds 50%
Where the accident results in total loss
of working capacity and which requires constant
care by another person, the employer shall
increase the above annuity provided for
by 40%.
Upon receiving the annuity, the victim has
the right to perform duty that fits with
his/her physical fitness. As such, the employer
shall provide the victim with vocational
re-training to enable him/her to perform
his/her new duty.
The employer can pay a lump sum to the victim
on condition that both parties agree upon
such option.
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| Article :
10 |
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The employer
shall be responsible for having the victim's
physical fitness re-checked at the Department
of Labour Medicine after the victim's recovery.
This obligation shall apply to only the
victims who have not reported to work for
five days and over.
The employer shall cover the cost for physical
fitness re-examination. |
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| Article :
11 |
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Employers
shall be legally liable for covering funeral
costs and providing annuity to dependents
of the victim of fatal accident. The dependents
shall be characterized as follows:
- The victim's spouse, with a valid marriage
certificate, who was not divorced or separated
as of the day the accident took place;
- The victim's dependent children. A dependent
child is a child who is not married and
not older than 16 years of age. The age
limit may be increased to 18 years of age
for a child who is undertaking apprenticeship,
and to 22 years of age for a child who is
continuing education at a public high school
or university, or at an authorized fee-paying
private high school or university, as well
as a disabled child or a child who has a
chronic incurable illness.
The costs for funeral shall be determined
to be equivalent to 90 times the average
daily wage or to the trimester wage of the
victim.
The annuity for the victim's dependents
shall be determined by ratio of the annual
base wage of the victim and the ratio shall
be determined as follows:
- 30% for the victim's spouse;
- 15% for the first and the second child
who lost one of their parents;
- 10% for the third child who lost one of
their parents;
The total annuity, however, shall not exceed
85% of the annual base wage.
The entitlement to the spouse's annuity
as specified above shall lose its legal
force if the spouse re-marries.
The victim can claim annuity on a monthly
basis or on a lump sum basis on condition
that the employer and the victim's beneficiary
agree upon such an option.
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| Article :
12 |
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In conformity
with the types of injury and other general
conditions such as age, physical and mental
aptitude, and occupational qualification
of the victim, the level of the loss of
permanent working capacity shall be determined
in Annex 5 of this Prakas. |
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| Article :
13 |
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The Department
of Labour Medicine of MOSALVY shall conduct
research and suggest the types of vocational
illnesses. |
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| Article :
14 |
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Violations
on the provisions of this Prakas shall be
fined or prosecuted as provided in Chapter
16 of the Labour Law. |
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| Article :
15 |
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The Prakas No.
58 MOLSAVY dated February 12, 1998 of the
Ministry of Social Affairs, Labor and Veteran
Affairs shall be declared null and void. |
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| Article :
16 |
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This Prakas
shall take effect from the date of its signature. |
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