LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2015-12-18, valid until before 2019-01-01

Art.

148

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In force since 2019-01-01

Art.

148

Salary deductions

(1) Salary deductions may be made only in the cases provided by this code and other normative acts.


(2) Deductions from the salary for the payment of the employees' debts towards the employer may be made based on his order (disposition, decision, decision):


a) for the refund of the advance issued in the salary account;


b) for the refund of the amounts paid in addition as a result of calculation errors;


c) to cover the unspent and unpaid advance on time, issued for travel in the interest of service or transfer to another locality or for household needs, if the employee does not contest the basis and amount of deductions;


d) for repairing the material damage caused to the unit due to the employee's fault (art. 338).


(e) (Repealed)


(3) In the cases specified in paragraph (2), the employer has the right to issue the restraining order (disposition, decision, decision) within a maximum of one month from the expiration of the term established for repaying the advance or paying the debt, from the day of execution. incorrectly calculated payment or finding material damage. If this term has been omitted or the employee disputes the basis or amount of the detention, the dispute will be examined by the court at the request of the employer or employee (art. 349-355).


(4) In case of dismissal of the employee before the expiration of the working year on whose account he has already used the leave, the employer may deduct from his salary the amount paid for the days without coverage of the leave. The withholding for these days is not made if the employee has ceased or suspended his activity on the grounds indicated in art.76 letter e), art.78 paragraph (1) letter d), art.82 letter a) and i ), art.86 paragraph (1) letters b) -e) and u), in case of retirement or enrollment in an educational institution according to art.85 paragraph (2), as well as in other cases provided by the contract collective or individual work or by written agreement of the parties.


(5) The salary paid in addition to the employee by the employer (including in case of incorrect application of the legislation in force) cannot be pursued, except in cases of calculation error.