Persons who require medical leave will complete a statement on oath in which will mention the place where they will be during the leave, personal recovery program recommended by their doctor and the time the compensation payer can carry out the home inspection.
Thus, only during the specified time, compensation payers can check the insurant at home, being accompanied, if appropriate, by a representative of the police.
Order nr. 429/2010 provides that, in this respect, compensation payers may require the presence of the police for checking the insurant at home or at the residence indicated, in order to pursue this activity in proper conditions, to forestall the risk situations that could undermine public order.
Under this legislation, the presence of the police may be requested as follows:
in writing, prior to the inspection of the compensation payer representatives at home or at the residence indicated, but at least 24 hours before the inspection. The competent territorial unit of the police is that on the territorial jurisdiction where the insurant has his residence address;
by using the emergency number 112 during the clearance of this insurant at home or at the residence indicated, by the compensation payer representatives.
Also, persons designated to carry out the inspection are required to ensure compliance with the constitutional guarantee of the inviolability of domicile, respecting the right to intimate, family and private life.
Also, during the action of checking people in temporary work incapacity at the residence indicated, the compensation payers representatives or the representative of the competent territorial unit of police are prohibited to enter the house or the property. They can enter the house or the property only if there is express consent of the person on leave. The consent is obtained in writing, signed prior to entering the home or property, by the report of the findings referred to the annex that is an integral part of this law.
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