The social partnership represents a system of relations established between employees (employees 'representatives), employers (employers' representatives) and the respective public authorities in the process of determining and realizing the social and economic rights and interests of the parties.

(1) The parties of the social partnership at unit level are the employees and the employers, in the person of the empowered representatives in the established way.

(2) The parties of the social partnership at national, branch and territorial level are the respective trade unions, employers' associations and public authorities, in the person of the empowered representatives in the established manner.

(3) Public authorities are part of the social partnership in cases when they evolve as employers or their representatives empowered by law or by employers.

The basic principles of social partnership are:

a) legality;

b) equality of the parties;

c) parity of the parties' representation;

d) the powers of attorney of the parties' representatives;

e) the interest of the parties for the participation in the contractual relations;

f) the observance by the parties of the norms of the legislation in force;

g) mutual trust between the parties;

h) evaluation of the real possibilities of fulfilling the commitments assumed by the parties;

i) the priority of conciliation methods and procedures and the obligatory consultation of the parties in matters related to the field of labor and social policies;

j) waiving unilateral actions that violate agreements (collective labor agreements and collective agreements) and informing each other of the parties about changes in the situation;

k) adopting decisions and taking actions within the limits of the rules and procedures coordinated by the parties;

l) mandatory execution of collective labor agreements, collective agreements and other agreements;

m) control over the fulfillment of collective labor contracts and collective agreements;

n) liability of the parties for non-compliance with the commitments assumed;

o) favoring by the state the development of the social partnership.

The social partnership system includes the following levels:

a) national - establishes the bases for the regulation of socio-economic and labor relations in the Republic of Moldova;

b) branch - establishes the bases for regulating the relations in the sphere of labor and the social one in a certain branch (branches) of the national economy;

c) territorial - establishes the bases for regulating the labor and social relations in the administrative-territorial units of the second level and in the municipalities;

d) of unity - establishes the concrete reciprocal obligations between employees and employer in the sphere of work and the social one.

The social partnership is achieved through:

a) collective bargaining regarding the elaboration of draft collective labor agreements and collective agreements and their conclusion on a bi- or tripartite basis, through the representatives of the parties of the social partnership;

b) participation in the examination of draft normative acts and proposals aimed at socio-economic reforms, in the improvement of labor legislation, in ensuring civic conciliation;

c) mutual consultations (negotiations) on issues related to the regulation of labor relations and relations directly related to them;

d) participation of employees (their representatives) in the administration of the unit;

e) the participation of the representatives of the parties of the social partnership in the process of out-of-court settlement of the collective labor dispute (conciliation procedure).

(1) The representatives of the employees within the social partnership are the trade union bodies at national, territorial, branch and unit level, empowered in accordance with the statutes of the trade unions and with the legislation in force.

(2) The interests of the unit's employees within the social partnership - in collective bargaining, in concluding, amending and completing the collective labor contract, in controlling its fulfillment, as well as in exercising the right to participate in the administration of the unit - are represented by the trade union body. unit, and in its absence - by other representatives elected by the employees of the unit.

(3) Employees' interests in the social partnership at territorial, branch and national level - in collective bargaining, in concluding, amending and supplementing collective agreements, in resolving collective labor disputes, including in concluding, amending or supplementing collective agreements, when carrying out the control of their fulfillment - they are represented by the respective trade union bodies.

(1) The employees who are not union members have the right to empower the union body to represent their interests in the labor relations with the employer.

(2) In the units in which no trade unions are established, the interests of the employees may be defended by their elected representatives.

(3) The employees' representatives are elected within the general assembly (conference) of the employees, with the vote of at least half of the total number of employees (delegates) in the unit.

(4) The number of elected representatives of the employees is established by the general assembly (conference) of the employees, taking into account the number of staff in the unit.

(5) The powers of the elected representatives of the employees, the manner of exercising them, as well as the duration and limits of their mandate, are established by the general assembly (conference) of the employees in a normative act at unit level.

The employer is obliged to create conditions for the activity of the employees' representatives in accordance with this code, with the Trade Union Law, with other normative acts, with the collective agreements and with the collective labor contract.

(1) Representatives of the employer - in collective bargaining, in concluding, amending or supplementing the collective labor contract - are the head of the unit or the persons empowered by him in accordance with this code, other normative acts and the documents establishing the unit.

(2) In collective bargaining, in concluding, amending or supplementing collective agreements, as well as in resolving collective labor disputes related to their conclusion, modification or completion, the interests of employers are represented by the employers, as the case may be.

State and municipal enterprises, as well as organizations and institutions financed from the national public budget, may be represented by the central and local public administration authorities empowered by law or by the heads of these enterprises, organizations and institutions.

(1) In order to regulate the socio-economic relations in the sphere of social partnership, the following structures are created:

a) at national level - National Commission for collective consultations and negotiations;

b) at branch level - branch commissions for consultations and collective bargaining;

c) at territorial level - territorial commissions for consultations and collective bargaining;

d) at unit level - the commissions for social dialogue “employer - employees”.

(2) The formation and activity of the commissions at national, branch and territorial level are regulated by organic law, and of the commissions at unit level - by the standard regulation, approved by the National Commission for collective consultations and negotiations, which is published in the Official Gazette. Republic of Moldova.

(1) The representatives of employees and employers have the right to initiate and participate in collective bargaining for the elaboration, conclusion, modification or completion of the collective labor contract or collective agreements.

(2) The representatives of the parties to whom the proposal in written form for the beginning of the collective bargaining has been sent are obliged to proceed to them within 7 calendar days from the date of the approval.

(1) The participants in the collective bargaining are free to choose the issues that will be the object of regulation of the collective labor contracts and of the collective agreements.

(2) In the units where a part of the employees are not union members, they have the right, according to art. 21 paragraph (1), to empower the union body to represent their interests in negotiations.

(3) In the units where no unions are constituted, the interests of the employees are expressed, according to art. 21 paragraph (2), by the elected representatives of the employees.

(4) The right to participate in collective bargaining, to sign collective agreements on behalf of employees at national, branch or territorial level belongs to the corresponding trade unions (trade unions). If, at national, branch, territorial or unitary level, there are several trade union bodies, a single representative body is created for the conduct of collective bargaining, the elaboration of the draft collective agreement and its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the trade union bodies, depending on the number of trade union members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the trade union (trade union association) with the largest number of members.

(4.1) The right to participate in collective bargaining, to sign collective agreements on behalf of employers at national, branch or territorial level, belongs to the appropriate employers' associations. If, at national, branch or territorial level, there are several employers, a single representative body is created for the conduct of collective bargaining, for the elaboration of the draft collective agreement and for its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the employers, depending on the number of their members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the employer with the largest number of members.

(5) (Repealed)

(6) The parties are obliged to provide each other with the information necessary for the conduct of collective bargaining at the latest within 2 weeks from the moment of the request.

(7) The participants in the collective bargaining, other persons involved in the collective bargaining have the obligation not to disclose the information received if it constitutes a state or commercial secret. The persons who disclosed the respective information bear disciplinary, material, administrative, civil or criminal liability, in the manner established by the legislation in force.

(8) The terms, place and manner of conducting the collective bargaining shall be established by the representatives of the parties participating in the respective negotiations.

If, in the course of the collective bargaining, no coordinated decision has been taken on all or some of the issues addressed, a report shall be drawn up on the existing differences. The regulation of the divergences appeared in the process of collective bargaining for the conclusion, modification or completion of the collective labor contract or of the collective agreement takes place in the manner established by the present code.

(1) The persons participating in the collective bargaining, in the elaboration of the project of the collective labor contract or of the collective agreement shall be released from the basic work, with the maintenance of the average salary for the term established by the agreement of the parties.

(2) All expenses related to the participation in the collective bargaining shall be compensated in the manner established by the legislation in force, by the collective labor contract or by the collective agreement. The work of experts, specialists and mediators shall be remunerated by the inviting party, unless the collective bargaining agreement or the collective agreement provides otherwise.

(3) During the collective bargaining period, the representatives of the employees participating in them may not be disciplined, transferred to another job or dismissed, without prior consultation of the trade union bodies that empowered them.

(1) The collective labor contract is the legal act that regulates the labor relations and other social relations in the unit, concluded in written form between the employees and the employer by their representatives.

(2) The collective labor contract may be concluded both per unit as a whole and in its branches and representative offices.

(3) At the conclusion of the collective labor contract within a branch or representative office of the unit, part of it is the head of the respective subdivision, empowered for this purpose by the employer.

(1) The content and structure of the collective labor contract are determined by the parties.

(2) The collective labor contract may provide for mutual commitments of the employees and the employer regarding:

a) the forms, systems and amount of remuneration;

b) payment of allowances and compensations;

c) the mechanism for regulating the remuneration of labor, taking into account the level of inflation and the achievement of the economic indices provided by the collective labor contract;

d) working time and rest time, as well as issues related to the granting and duration of holidays;

e) improving working conditions and labor protection of employees, including women, youth and people with disabilities;

f) observance of the employees' interests in case of privatization of the unit and of the housing fund on its balance sheet;

g) ecological security and protection of employees' health in the production process;

h) guarantees and facilities for employees who combine work and studies;

i) recovery of health, rest of employees and members of their families;

j) the control of the execution of the clauses of the collective labor contract, the procedure of its modification and completion;

k) ensuring normal working conditions for employees' representatives;

l) liability of the parties;

m) renunciation of the strike in case of fulfilling the clauses of the collective labor contract; as well as

n) other commitments determined by the parties.

(3) The collective labor contract may provide, depending on the economic and financial situation of the employer, facilities and benefits for employees, as well as more favorable working conditions in relation to those provided by applicable law and collective agreements.

(4) Normative clauses may be included in the collective labor contract, if they do not contravene the legislation in force.

(1) The draft collective labor contract is elaborated by the parties in accordance with the present code and with other normative acts.

(2) If, within 3 months from the day of the negotiations, no agreement has been reached on some provisions of the draft collective labor contract, the parties are obliged to sign the contract only for the coordinated clauses, drawing up, at the same time, a report on existing divergences.

(3) Unresolved differences shall be the subject of subsequent collective bargaining or shall be resolved in accordance with this Code and other normative acts.

(1) The collective labor contract enters into force from the moment of signing by the parties or from the date established in the contract. A copy of the collective labor contract shall be submitted by one of the signatory parties, within 7 calendar days from the date of conclusion, to the territorial labor inspection.

(1.1) The duration of the collective labor contract shall be established by the parties and may not be less than one year.

(2) The collective labor contract also produces effects in case of changing the name of the unit or of terminating the individual labor contract with the head of the unit.

(3) In case of reorganization of the unit by merger (merger and absorption), dismemberment (division and separation) or transformation or in case of liquidation of the unit, the collective labor contract continues to produce its effects throughout the reorganization or liquidation process.

(4) In the event of a change in the type of ownership of the unit or its owner, the collective bargaining agreement shall continue to take effect until the date of its expiry or the entry into force of another collective bargaining agreement.

(5) In case of reorganization, change of ownership of the unit or its owner, either party may propose to the other party to conclude a new collective bargaining agreement or to extend the previous contract.

(5.1) In the event of the opening of insolvency proceedings of the establishment, the collective labour agreement concluded prior to the opening of such proceedings shall continue to have effect for the entire period of its validity. The amendment, supplementing of the contract in force or the conclusion of a new collective labour contract in the establishment under insolvency proceedings shall be made only by joint agreement of the parties.

(6) (Repealed)

(7) Under the incidence of the collective labor contract concluded per unit as a whole fall the employees of the unit, its subsidiaries and representations, who empowered their representatives to participate in collective bargaining, to draw up and conclude the collective labor contract on their behalf.

(1) The modification and completion of the collective labor contract takes place in the manner established by this code for concluding the contract.

(2) Any modification or completion of the collective labor contract shall be brought to the notice of the unit's employees by the employer within 5 working days from the date of operation by means of a:

a) notice sent by electronic mail or other means of communication, which may be accessed by each employee; and/or

b) public notice placed on the establishment's website, as appropriate; and/or

c) a public notice placed on a publicly accessible notice board at the establishment's premises, including at each of its branches or representative offices.

(1) The collective agreement is a legal act which establishes the general principles governing the employment and socio-economic relations directly related to them, which are concluded by the empowered representatives of employees and employers at national, territorial and branch level, within the limits of their competence.

(2) The collective agreement may include clauses regarding:

a) remuneration for work;

b) working conditions and labor protection;

c) work and rest regime;

d) development of the social partnership;

e) other issues determined by the parties.

The content and structure of the collective agreement are established by the agreement of the representatives of the parties, who are free to choose the circle of issues to be negotiated and included in the agreement.

(1) The draft collective agreement shall be drawn up in the framework of collective bargaining.

(2) The negotiation, conclusion and modification of the clauses of the collective agreement at the respective level, clauses that provide for the allocation of budgetary means, are usually carried out by the parties before the draft budget for the financial year corresponding to the term of the agreement.

(3) The manner and terms of elaboration of the draft collective agreement and of its conclusion shall be established by the social partnership body of the corresponding level.

(4) Unresolved differences shall be the subject of subsequent collective bargaining or shall be resolved in accordance with this Code and other normative acts.

(5) The collective agreement shall be signed by the representatives of the parties.

(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.

The modification and completion of the collective agreement takes place in the manner established by this code for the conclusion of the agreement.

(Repealed)

(1) The control over the fulfillment of the collective labor contract and of the collective agreement is exercised by the parties of the social partnership, through their representatives, and by the State Labor Inspectorate, according to the legislation in force.

(2) When performing the respective control, the representatives of the parties are obliged to exchange information necessary for this purpose.

(1) The right of employees to administer the unit, directly or through their representative bodies, and the forms of participation in it are regulated by this code and other normative acts, by the establishment documents of the unit and by the collective labor contract.

(2) The participation of the employees in the administration of the unit can be achieved by:

a) participation in the elaboration of draft normative acts at unit level in the socio-economic field;

a.1) participation in the approval of normative acts at unit level in the cases provided by this code and by other legislative or normative acts;

b) informing and consulting the employees regarding the issues mentioned in art. 421;

c) collaboration with the employer within the social partnership;

d) (repealed)

(1) In order to ensure the right of employees to manage the establishment provided for in Article 42, the employer is obliged to inform and consult them on matters relevant to their work in the establishment.

(2) The obligation to inform covers:

a) the recent and probable development of the activities and economic situation of the establishment;

b) the situation, structure and probable development of employment in the establishment and any anticipatory measures envisaged, in particular where there is a threat to jobs;

c) decisions likely to lead to significant changes in work organisation or contractual relations, including those relating to collective redundancies or change of ownership of the establishment;

d) the occupational safety and health situation at the establishment and any measures likely to affect their provision, including the planning and introduction of new technologies, the choice of work and protective equipment, the training of employees in occupational safety and health, etc;

e) the average remuneration by category of employee or function, broken down by sex.

(3) The information shall be provided by sending to the employees' representatives, in written form, the relevant, complete and truthful data on the subjects listed in para. (2) in good time to enable employee representatives to prepare for consultation if necessary.

(4) Information shall be provided whenever necessary in the circumstances and periodically at intervals laid down in the collective labour agreement. Regular information on the subjects referred to in paragraph (2) may be held not less frequently than once a year, but not later than in the first half of the year following the year of management.

(5) If certain measures are envisaged with regard to employees, the information shall be made at least 30 calendar days before the implementation of the relevant measures. In case of liquidation of the establishment or reduction in the number or status of staff, the employees shall be informed at least 30 calendar days before the initiation of the procedures referred to in Article 88.

(6) If there is neither a trade union nor elected representatives in the establishment, the information referred to in para. (2) shall be made known to employees by means of a public notice on a notice board with general access at the establishment's premises (including at each of its branches or representative offices) and, where appropriate, by means of the website or electronic messages.

(7) Consultation shall take place:

a) in meetings with representatives of the employer at the level relevant to the subject matter discussed;

b) on the basis of the information submitted in accordance with paragraph (3) and the opinion which the employee representatives are entitled to formulate in this context;

c) with a view to reaching a consensus on the matters referred to in paragraph 2. (b) to (d) which fall within the competence of the employer.

In the process of consultation, the employees' representatives shall have the right to meet the employer and to obtain a reasoned response to any opinion they may formulate. Where certain measures are envisaged in respect of employees, consultation shall be carried out in such a way as to give the employees' representatives the opportunity to negotiate and reach a consensus with the employer before the envisaged measures are implemented. In all cases, provided for in this Code, where the employer is obliged to consult employees/employee representatives before taking a decision affecting the rights and interests of employees, the employer shall notify the trade union body/employee representatives and request their consultative opinion in writing. The deadline for submitting the opinion is 10 working days from the date of receipt of the notification. If the opinion is not submitted within the period indicated, the communication of the advisory opinion by the trade union/employee representatives shall be presumed.

(8) If the establishment has an occupational safety and health committee established in accordance with the provisions of the Law on Occupational Safety and Health No. 186/2008, the information and consultation on the matters referred to in para. (2)(d) of this Article shall be conducted within this committee.

(9) Employees' representatives and any expert assisting them shall not disclose to employees or third parties information which, in the legitimate interests of the establishment, has been provided to them in confidence following the signing of a written undertaking. This restriction shall apply wherever such representatives or third parties may be, even after the expiry of their mandate. In turn, employees will not disclose confidential information received in the same way from their employer. Failure to respect confidentiality entails an obligation on the part of the persons responsible to make good the damage caused.

(10) By way of derogation from the provisions of paragraph. (1) to (8), the employer shall not be obliged to communicate information or undertake consultations if such actions may have the effect of disclosing a state or trade secret. Refusal by the employer to provide information or to consult on the matters referred to in para. (2), may be challenged in court.

(11) When informing and consulting employees in connection with the reorganisation of the establishment, change of ownership or change of ownership, the particulars provided for in Article 197.1 shall be taken into account.

(12) Collective agreements and/or collective labour contracts may establish any information and consultation procedures, which shall not diminish the rights of employees in relation to the provisions of this Code.

(1) The representatives of the parties that evade the participation in the collective negotiations regarding the conclusion, modification and completion of the collective labor contract or the collective agreement or who refuse to sign the collective bargaining contract or collective bargaining agreement shall be liable according to the legislation in force.

(2) The persons guilty of failing to present the information necessary for conducting collective bargaining and exercising control over the execution of the collective labor agreement or collective agreement, as well as those guilty of presenting incomplete or untrue information, shall be liable in accordance with applicable law.

The persons guilty of violating or not executing the clauses of the collective labor contract or of the collective agreement are liable in accordance with the legislation in force.