(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.