LLMD
Labour Law (MD)
Labour Law of the Republic of Moldova
(1) The work by cumulation represents the fulfillment by the employee, besides the basic work, of another work, permanent or temporary, outside the working hours, based on an individual individual employment contract.
(2) Individual employment contracts may be concluded with one or more employers, if this does not contravene the legislation in force.
(3) Work by cumulation can be performed both within the same unit and in other units.
(4) For the conclusion of the individual employment contract by cumulation, the consent of the employer from the basic job is not required.
(5) The individual employment contract shall indicate, obligatorily, that the respective work is performed by cumulation.
(6) The employees employed by cumulation benefit from the same rights and guarantees as the other employees from the respective unit.
The particularities of work by cumulation for some categories of employees (workers, teachers, medical and pharmaceutical staff, research and development staff, employees in culture, art, sports, etc.) are established by the Government, after consulting employers and unions.
Employers, in agreement with employees' representatives, may provide for certain restrictions on the performance of work by cumulation only for employees with certain professions, specialties and functions, with special working conditions and regime, whose work by cumulation could endanger health or safety. production process.
(1) The person who is employed by cumulation at another unit is obliged to present to the employer the identity card or another identity document.
(2) When hiring by cumulation in a position or profession that requires special knowledge, the employer has the right to request from the respective person the presentation of the diploma or other document attesting the studies or professional training, and when hiring for jobs with difficult working conditions , harmful and / or dangerous - and the medical certificate.
The concrete duration of the working time and of the rest time at the workplace by the cumulation is established in the individual employment contract, taking into account the provisions of the present code (title IV) and of other normative acts.
(1) The employees who perform work by cumulation benefit from an annual rest leave, paid according to the cumulated function or specialty, which is granted at the same time as the annual rest leave from the basic work place.
(2) The leave for cumulative work is granted according to the duration established for the respective position or specialty at the unit, regardless of the duration of the leave at the basic workplace. The employee benefits from unpaid additional leave if the duration of the leave at work by cumulation and at the basic job differs.
(3) The payment of the leave allowance or of the compensation for the unused leave shall be made starting from the average salary for the cumulated position or specialty, determined in the manner established by the Government.
In addition to the general grounds for termination of the individual employment contract, the contract concluded with the employee performing work by cumulation may also terminate in the case of concluding an individual employment contract with another person who will exercise the profession, specialty or function as profession, specialty or basic function (art. 86 para. (1) letter s)).
When terminating the individual employment contract with the employee employed by cumulation, in connection with the liquidation of the unit, with the reduction of the number or staff or in the case of concluding an individual employment contract with another person who will exercise the respective profession (function) ( function) basic, he is paid a severance pay in the amount of his average monthly salary.