LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IV
COLLECTIVE NEGOTIATIONS
Artikel   26 Conducting collective bargaining

(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.

Original 

Nichtoffizielle Übersetzung! Keine Gewähr für Richtigkeit.

See the original = Romanian


Artikel   27 How to conduct collective bargaining

(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.

Nichtoffizielle Übersetzung! Keine Gewähr für Richtigkeit.

See the original = Romanian


Artikel   28 Regulating differences

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.

Original 

Nichtoffizielle Übersetzung! Keine Gewähr für Richtigkeit.

See the original = Romanian


Artikel   29 Guarantees and compensations for participants in collective bargaining

(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.

Nichtoffizielle Übersetzung! Keine Gewähr für Richtigkeit.

See the original = Romanian