Problem identified: Uncertainties regarding the application of the provisions regarding the granting of the quarantine allowance

The response of the People’s Advocate:

The People’s Advocate proposed to the Parliament to amend some provisions of the Labor Code, the Law on the public service and the status of the public servant, the Law on temporary inability allowance and other social insurance benefits and, respectively, the Government Decision on approving the Regulation on the establishment conditions, calculation and payment method of the allowances for temporary working inability, in order to ensure the right to the quarantine allowance (see Proposal to amend the law:Propunere de modificare a legislației 04-2-5 din 02.04.20200).

 Referring to the mentioned provisions, the situations generated in the context of the measures taken to prevent the spread of the COVID-19 pandemic, the People’s Advocate considers that the mentioned rules are confusing and contradictory, because they do not accurately establish the conditions for granting the allowance for the prevention of illnesses (quarantine). This fact can lead to their erroneous and abusive interpretation / application, by which the provisions of art. 23 and Article 47 of the Constitution, which concerns the right to social assistance and protection. However, quarantine can be instituted at the individual level, as well as at the collective level (institution, locality or region), and the current regulations do not provide clear solutions for all these situations.

According to the mentioned information, the People’s Advocate claims that the provisions of the respective norms need to be refined in the aspect of clarity and predictability of the legal norms notwithstanding the art.23 corroborated with the art.47 of the Constitution of the Republic of Moldova (the right to assistance and social protection).