LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2018-06-15, valid until before 2022-07-01

Art.

38

The action of the collective agreement

(1) The collective agreement concluded at national level (General Convention) shall enter into force on the date of its publication in the Official Gazette of the Republic of Moldova.


(2) The collective agreements at branch and territorial level shall enter into force at the time of signature by the parties or on the date established in the agreement. A copy of the collective agreement at branch or territorial level shall be submitted by one of the signatory parties, within 7 calendar days from the date of conclusion, to the Ministry of Health, Labor and Social Protection.


(3) The term of the collective agreement is set by the parties and may not be less than one year.


(4) In case the employees fall under the concomitant incidence of several collective agreements, their more favorable dispositions have priority.


(5) The employees and employers who have empowered their representatives to participate in collective bargaining, to draw up and conclude the collective agreement on their behalf, the public authorities within the limits of the commitments assumed, as well as the employees and employers who have acceded to the agreement fall under the collective agreement. after its completion.


(6) All employers who are members of the employers' association that concluded the agreement fall under the collective agreement. The termination of the membership of the employer does not release the employer from the obligation to comply with the provisions of the agreement concluded during his stay, as a member, in the employer. The employer who joined the employer during the action of the collective agreement is obliged to comply with the provisions of the agreement in question.


(7) The manner of publication of the collective agreements concluded at branch and territorial level, as well as of the modifications and completions operated in them shall be established by the parties.

In force since 2022-07-01

Art.

38

Collective agreement action

(1) The collective agreement concluded at national level (General Agreement) shall enter into force on the date of its publication in the Official Gazette of the Republic of Moldova.


(2) Collective agreements at branch and territorial level shall enter into force at the time of signing by the parties or at the date set in the agreement. A copy of the collective agreement at branch or territorial level shall be submitted by one of the signatory parties to the Ministry of Labour and Social Protection within 7 calendar days from the date of its conclusion.


(3) The term of the collective agreement shall be determined by the parties and may not be less than one year.


(4) If employees are covered by more than one collective agreement at the same time, the more favourable provisions of the collective agreements shall have priority.


(5) The collective agreement shall apply to employees and employers who have authorised their representatives to take part in collective bargaining and to draw up and conclude the collective agreement on their behalf, to public authorities within the limits of the commitments entered into, and to employees and employers who have acceded to the agreement after its conclusion.


(6) The collective agreement shall apply to all employers who are members of the employer concluding the agreement. Termination of the employer's membership shall not release the employer from the obligation to comply with the provisions of the agreement concluded during the period of its membership. An employer who joined the employer organisation during the period of the collective agreement is obliged to comply with the provisions of that agreement.


(7) The manner of publication of collective agreements concluded at branch and territorial level, as well as amendments and additions thereto, shall be determined by the parties.

Monitorul Oficial (MD)
Teil
2022
2022-07-01
Nr. 2


Art.

I

Art. XLIV - Law No. 440/2001 on Free Economic Zones (Official Monitor of the Republic of Moldova, 2001, No. 108-109, Art. 834), as amended, is amended as follows:

1. In the content of the Law, the phrase "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced by the phrase "Ministry of Economy" in the corresponding grammatical form.