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Salary earner can refuse to perform works if these pose a threat to health


https://www.ipn.md/index.php/en/salary-earner-can-refuse-to-perform-works-if-these-pose-7967_1082526.html

If there is a danger to the life and health of the employee, this can refuse to perform works until the risk factors are removed. To prevent workplace accidents, the Ministry of Health, Labor and Social Protection urges the employers to make sure that the workplaces are equipped in accordance with the requirements concerning safety and security at work, IPN reports.

Victor Țurcan, division head at the State Labor Inspectorate, said that 238 workplace accidents in which 258 salary earners suffered injuries have been recorded in Moldova so far this year, up 21 compared with the corresponding period last year. The fatal accidents totaled 37, as opposed to 33 in the corresponding period of 2020. There were also recorded 15 serious accidents that resulted in temporary incapacity for work. Most of the work accidents occur in the building sector, agriculture, energy and transport sectors.

According to Victor Țurcan, the higher number of accidents at work is also due to a legislative shortcoming - the labor inspectors can carry out unplanned checks at enterprises only if there are petitions from salary earners and only on the segment indicated in the petition. A large part of the inspections are planned and the schedule of these is published on the Inspectorate’s website. When inspections are to be performed, the employer tells the minor employees or the employees who work illegally to stay at home or the enterprise does not work on those days.

In the case of serious and fatal accidents, criminal cases are started against employers. A fine is imposed in the other cases. Under Article 55 of the Contravention Code, the violation by the employer of the legislation on safety and health at work is punished with a fine of 5,000 to 10,000 lei in the case of perons holding responsible posts and a fine of 12,500 to 20,000 lei in the case of legal entities. The same violations committed against minors are punished with a fine of 12,000 to 15,000 lei in the case of perons holding responsible posts and a fine of 20,000 to 25,000 lei in the case of legal entities.