Normal working time

(1) The working time represents the time that the employee, in accordance with the internal regulation of the unit, with the individual and the collective labor contract, uses for the fulfillment of the work obligations.

(2) The normal working time of the employees in the units may not exceed 40 hours per week.

(3) In exceptional circumstances relating to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the authorities responsible for the management of that condition may provide for certain categories of working time for certain categories of employees.

(1) For certain categories of employees, depending on age, health status, working conditions and other circumstances, in accordance with the legislation in force and the individual employment contract, the reduced duration of working time shall be established.

(2) The reduced weekly working time is:

a) 24 hours for employees aged 15 to 16;

b) 35 hours for employees aged 16 to 18;

c) 35 hours for employees who work in harmful working conditions, according to the nomenclature approved by the Government.

(3) For certain categories of employees whose work involves an increased intellectual and psycho-emotional effort, the duration of working time shall be established by the Government and may not exceed 35 hours per week.

(4) For persons with severe and accentuated disabilities (if they do not benefit from greater facilities) a reduced duration of working time of 30 hours per week is established, without diminishing the salary rights and other rights provided by the legislation in force.

(1) The employer may hire employees with the day or week of part-time work (part-time), the concrete duration of part-time work being recorded in the individual employment contract, in accordance with the provisions of art. 49 para. (1) lit. it).

(2) Part-time work may also be determined after the conclusion of the individual employment contract, with the agreement of both parties. At the request of the pregnant woman, the employee who has children up to 10 years of age or children with disabilities (including those under her care) or the employee who cares for a sick family member, according to the medical certificate, the employer is obliged to set the day or week of part-time work.

(3) Part-time work is remunerated in proportion to the time worked or according to the volume of work performed.

(1) Less favorable treatment of part-time employees in respect of full-time employees performing equivalent work in the same unit shall not be allowed if such treatment is based exclusively on daily or weekly working time and does not have an objective justification.

(2) In the context of par. (1), the activity in the conditions of part-time work does not imply the limitation of the employee's rights regarding the calculation of seniority, contribution period (except for the law), regarding the duration of annual leave or limitation of other employment rights.

(3) The employer:

a) take measures to facilitate access to part-time work at all levels of the unit, including skilled and managerial positions;

b) ensure, in accordance with the provisions of Title VIII, the access of part-time employees to vocational training which increases their professional opportunities and professional mobility;

c) will take into account the requests of employees to transfer from full-time to part-time work and vice versa or to increase their working time, if such an opportunity arises.

(4) In order to facilitate the transfers provided in par. (3), the employer will inform the employees about the full-time and part-time vacancies that appeared within the unit, within 5 working days from the date of their appearance. Information on vacancies will be made known to employees and their representatives at unit level through a public announcement placed on an information panel with general access to the unit's headquarters (including each of its subsidiaries or representative offices), as well as on its website. , as the case.

(1) The employer may establish the reduced activity regime, with the distribution of working time during the week, at unit level, for at least 25% of the number of employees within the unit:

a) unilaterally, in case of a state of emergency, siege and war or in case of a state of emergency in public health;

b) with the written consent of the employees concerned, in case of unfavorable economic situation, difficulties in supplying raw materials or energy, exceptional weather, transformation, restructuring or modernization of the enterprise or in other exceptional circumstances, in the manner established by the Government .

(2) The reduced activity regime may be established for a period of up to 3 consecutive months, but not more than 5 months per year.

(3) In case of application of the provisions of par. (1) lit. b), the employer is obliged to request the consultative opinion of the employees' representatives regarding the establishment of the reduced activity regime at least 5 working days before submitting the application for granting the aid for the employees with reduced activity regime.

(4) The duration of the working time provided in the individual employment contract of the employee may be reduced, under the conditions of this article, by a maximum of 50%, the work of the employee being remunerated in proportion to the time worked.

(5) Employees who, in accordance with the provisions of this article, have been established a reduced activity regime, benefit from an aid in the manner established by the Government.

(6) During the period of reduced working hours established under the conditions of this Article, the employment of employees for the performance of work similar to that performed by employees whose working hours have been reduced shall be prohibited.

(7) The employer shall establish the reduced activity regime following the adoption of the decision to grant aid to employees whose working time has been reduced.

(8) The provisions of this Article shall not apply to the following categories of employers:

a) institutions financed from the budget;

b) employers who have suspended activity, are in the process of insolvency or liquidation;

c) to the employers who, at the date of submitting the application for granting the aid for the employees with reduced activity regime, have arrears to the national public budget that exceed the amount established by the Government.

(9) The provisions of this Article shall not apply to employees who:

a) performs work by cumulation within the same unit or at another unit;

b) have not completed a contribution period in the public state social insurance system of at least 6 months in the last 24 calendar months preceding the date of registration of the application for granting aid for employees with reduced activity;

c) are part-time employees.

(10) It is not allowed to request the reduced activity regime if, at unit level, a strike is declared. "

(1) During the period of the organisation and conduct of elections in accordance with electoral legislation, an employee may apply to the employer, on the basis of an application and a decision of the electoral body, to be relieved of duties at the workplace on a permanent basis for a period not exceeding the period specified in that decision. For the period of such relief, the employee's duties and functions at the permanent place of work shall be reduced in whole or in part.

(2) The leave of absence referred to in paragraph (1) shall be granted for a period of not less than one year, shall be carried out under the conditions of the Election Code, the Law No. 158/2008 on civil service and civil servant status and this Code.

(3) During the period of relief for the organization and conduct of elections, employees in the budgetary sector shall maintain their status, position and salary at their permanent place of work, and employees in the private sector shall maintain the same guarantees, with the exception of salary payments which shall be determined by order (provision, decision, ruling) of the employer.

(4) The provisions of this Article shall not apply to employees who have been granted a probationary period and to employees employed for a fixed period of less than 6 months.

(5) During the period for which he is relieved, the employer may not order the employee to perform overtime work, night work, rest days or public holidays.

(1) The distribution of working time during the week is, as a rule, uniform and constitutes 8 hours a day, for 5 days, with two days of rest.

(2) At the units where, taking into account the specifics of the work, the introduction of the 5-day working week is irrational, it is allowed, as an exception, the establishment, through the collective labor contract and / or the internal regulation, of the 6-day working week. days with a day off.

(3) The distribution of working time may also be made within a compressed working week of 4 days or 4 and a half days, provided that the weekly working time does not exceed the maximum legal duration provided in art. 95 para. ( 2). The employer who introduces the compressed working week has the obligation to comply with the special provisions regarding the length of daily working time of women and young people.

(4) The type of working week, the work regime - the duration of the work schedule (shift), the start and end time of work, interruptions, alternation of working and non-working days - are established by the internal regulations of the unit and by the collective agreement and / or individual employment contracts.

(1) The overall record of working time may be entered in the units, provided that the duration of the working time does not exceed the number of working hours established by this code. In these cases, the record period must not exceed one year, and the daily duration of working time (shift) may not exceed 12 hours.

(2) The application of the global record of working time shall be established by the internal regulations of the unit and by the collective labor contract, taking into account the restrictions provided for some professions by collective agreements at national and branch level, by the legislation in force. and international acts to which the Republic of Moldova is a party.

(1) The normal daily working time is 8 hours.

(2) For employees up to 16 years of age, the daily duration of working time may not exceed 5 hours.

(3) For employees aged 16 to 18 years and employees working in harmful working conditions, the daily duration of working time may not exceed 7 hours.

(4) For persons with disabilities, the daily duration of working time shall be established according to the medical certificate, within the limits of the normal daily duration of working time.

(5) The maximum daily working time may not exceed 10 hours within the limits of the normal working time of 40 hours per week.

(6) For certain types of activity, units or professions, a daily working time of 12 hours may be established by collective agreement, followed by a rest period of at least 24 hours.

(7) (Repealed)

(8) For works where the special character of the work requires it, the working day may be segmented, in the manner provided by law, provided that the total duration of working time is not longer than the normal daily working time.

(9) (Repealed)

(1) Flexible working arrangements shall be established by agreement between the employee and the employer, at the request of the employee or the employer, both at the time of employment and after the conclusion of the individual employment contract, for a fixed or indefinite period.

(2) Flexible working arrangements shall be laid down in the individual employment contract or in the supplementary agreement to the individual employment contract.

(3) Work under the flexible working arrangements shall not limit the rights and guarantees of the employee regarding the calculation of seniority, the duration of annual rest leave or other rights related to employment relations, provided for in this Code.

(4) An employee may request reasonable adjustment of working hours not more than once every 6 months, in writing, by a request which shall include the following information: the date of submission of the request, the requested flexible work formula and the date on which the change of working hours would start.

(5) Within 30 days of receipt of the request for reasonable adjustment of working hours, the employer shall provide a response with the justification for the decision.

(6) In considering the request for reasonable adjustment of working hours, the employer may take into account the following factors in determining whether or not it is possible to adjust the workplace to flexible working arrangements:

a) the costs involved;

b) the ability to reorganise work among existing staff;

c) the ability to recruit additional staff;

d) impact on quality;

e) impact on employee performance;

f) the effect on the ability to meet customer demand.

(7) In the case of an employee with a flexible working arrangement who is travelling on official business, the work schedule established at the unit to which he is delegated shall be extended to him.

(8) Flexible working arrangements shall apply without prejudice to the provisions of Article 100."

(1) Shift work, ie work in 2, 3 or 4 shifts, is applied in cases where the duration of the production process exceeds the allowed duration of the working day, as well as in order to use the machine more efficiently, increase the production volume or services.

(2) Under the conditions of shift work, each group of employees performs work within the established schedule.

(3) The shift work program is approved by the employer after consulting the employees' representatives, taking into account the specifics of the work.

(4) Work during two successive shifts is prohibited.

(5) The shift work schedule shall be made known to the employees at least 14 days before its implementation.

(6) The duration of the interruption of work between shifts may not be less than the double duration of the working time from the previous shift (including the lunch break).

(1) The duration of the working day (shift) on the eve of the non-working holiday is reduced by at least one hour for all employees, except for those who have been established, according to art.96, the reduced duration of working time or, according to art. .97, part-time work.

(2) If the working day on the eve of the non-working holiday is transferred to another day, the same reduced duration of the working day shall be kept.

(3) The reduced concrete duration of the working day on the eve of the non-working holiday provided in paragraph (1) shall be established in the collective labor contract, in the internal regulations of the unit or in the order (disposition, decision, decision) of the employer, issued with prior consultation of employees' representatives.

(4) For the units with continuous flow and for some works with uninterrupted work regime, which do not allow to reduce the duration of the working day (shift) on the eve of the non-working holiday, the working hours / hours that cannot be reduced are considered additional work. .

(1) The work performed between 22.00 and 6.00 is considered night work.

(2) The duration of night work (shift) is reduced by one hour.

(3) The duration of night work (shift) shall not be reduced to employees for whom the reduced duration of working time is established, as well as to employees specially employed for night work, unless the collective labor contract provides otherwise.

(3.1) Employees to be transferred to permanent night work before transfer are subject to a medical examination at the employer's expense.

(4) Any employee who, in a period of 6 months, performs at least 120 hours of night work shall be subjected to a medical examination at the expense of the employer.

(5) It is not allowed to attract to night work employees under the age of 18, pregnant women, women who have recently given birth and those who are breastfeeding, as well as persons whose night work is contraindicated according to medical certificate.

(6) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided in art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member based on the medical certificate can perform night work only with their written consent. At the same time, the employer is obliged to inform in writing the mentioned employees about their right to refuse night work.

(7) The employees to whom the night work is contraindicated according to the medical certificate are to be transferred to a day work for which they are qualified, in compliance with the provisions of art. 74.

(1) Overtime shall be regarded as work performed outside the normal working hours referred to in Articles 95(2), 96(2) to (4), 98(3) and 99(1). During a state of emergency, siege and war or a public health emergency, the authorities responsible for managing the state in question may order, for certain categories of employees, that additional work be performed in excess of the limits laid down in this Code, as well as the conditions under which it is performed.

(2) The employer may order additional work without the consent of the employee:

a) for the performance of work necessary for the defence of the country, for the prevention of a production breakdown or for the removal of the consequences of a production breakdown or a natural disaster;

b) to carry out works necessary to remove situations that could endanger the proper functioning of water and electricity supply, sewerage, postal, telecommunications and computer services, communication routes and public transport, fuel distribution facilities, medical and sanitary establishments.

(3) Additional work shall be performed by the employer with the written consent of the employee:

a) for the completion of work started which, due to an unforeseen setback related to the technical conditions of the production process, could not be completed during the normal duration of working time, and its interruption may cause damage or destruction of the employer's or owner's property, municipal or state property;

b) for carrying out temporary repair and restoration work on devices and installations, if their deficiencies could cause work to stop for an indefinite period of time and for several persons;

c) for the performance of work necessitated by the occurrence of circumstances which could cause damage to or destruction of the property of the establishment, including raw materials, materials or products;

d) for the continuation of work in the event of the non-appearance of the shift worker, if the work cannot be interrupted. In such cases, the employer is obliged to take urgent measures to replace the employee concerned.

(4) The engagement of additional work in cases other than those referred to in paragraphs (2) and (3) shall be permitted with the written consent of the employee and the employee representatives.

(5) At the employer's request, employees may work outside working hours up to 240 hours in a calendar year.

(5.1) The maximum working time of employees may not exceed 48 hours per week, including overtime. By way of exception, working time, including overtime, may be extended beyond 48 hours per week provided that the average working time, calculated over a reference period of 4 calendar months, does not exceed 48 hours per week.

(6) If the employer requests overtime work, the employer is obliged to provide employees with normal working conditions, including health and safety at work.

(7) The extra work shall be performed on the basis of the employer's reasoned order (provision, decision, decision), which shall be notified to the employees concerned under signature or by another means allowing confirmation of receipt/notification.

(8) The collective or individual employment contract may provide for the possibility of compensating overtime with paid time off, with the written agreement of the parties. In this case, the time off shall be granted within 30 days of the overtime work being performed.

1) It is not allowed to attract to additional work the employees up to 18 years old, the pregnant women, as well as the persons whose additional work is contraindicated according to the medical certificate.

(2) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided by art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform additional work only with their written consent. At the same time, the employer is obliged to inform the mentioned employees in writing about their right to refuse additional work.

(3) The performance of additional work may not have the effect of increasing the daily working time beyond 12 hours.

The employer is obliged to keep, in the established manner, the record of the working time actually performed by each employee, including additional work, work performed on days off and non-working holidays.

(1) During the daily work schedule, the employee must be given a lunch break of at least 30 minutes.

(2) The duration of the meal break and the time of its granting shall be established in the internal regulations of the unit, in the collective labor contract or in the individual labor contract. Lunch breaks, with the exceptions provided for in the unit's rules of procedure, collective bargaining or individual employment, shall not be included in working time.

(3) At the units with continuous flow, the employer is obliged to provide the employees with conditions for eating during the service at the workplace.

(4) The duration of the daily rest, comprised between the end of the work schedule in one day and the beginning of the work schedule in the next day, may not be less than 11 consecutive hours.

(1) One of the parents (guardian) who has children up to 3 years old is granted, in addition to the lunch break, additional breaks for feeding the child.

(2) The additional breaks will have a frequency of at least once every 3 hours, each break having a duration of at least 30 minutes. For one of the parents (guardians) who has 2 or more children up to 3 years old, the duration of the break cannot be less than one hour.

(3) Breaks for feeding the child are included during working hours and are paid based on the average salary.

(4) If the employer provides special rooms for feeding children within the unit, they will meet the hygiene conditions corresponding to the sanitary norms in force.

(1) The weekly rest is granted for 2 consecutive days, usually on Saturday and Sunday.

(2) If a simultaneous rest for the entire staff of the unit on Saturdays and Sundays would harm the public interest or compromise the normal operation of the unit, the weekly rest may be granted on other days, established by the collective labor agreement or by the internal regulations of the unit, provided that one of the days off is Sunday.

(3) In the units where, due to the specifics of work, the weekly rest cannot be granted on Sunday, the employees will benefit from two days off during the week and from a salary increase established by the collective labor contract or the individual labor contract. .

(4) The duration of the uninterrupted weekly rest in any case must not be less than 42 hours, except for the cases when the working week is 6 days.

(1) Work on rest days is prohibited.

(2) By derogation from the provisions of paragraph (1), the attraction of employees to work on rest days is allowed in the manner and in the cases provided in art. 104 paragraphs (2) and (3).

(3) It is not allowed to attract pregnant women up to 18 years of age to work on rest days.

(4) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities persons who combine childcare leave provided in art. 126 and 127 para. (2 ) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform the work on rest days only with their written consent. At the same time, the employer is obliged to inform in writing the mentioned employees about their right to refuse work on days off.

(1) In the Republic of Moldova, non-working holidays are:

a) January 1 - New Year;

b) January 7 and 8 - The birth of Jesus Christ (Christmas in the old style);

c) March 8 - International Women's Day;

d) the first and second day of Easter according to the church calendar;

e) Monday one week after Easter (Easter of the Blessed);

f) May 1 - International Day of Solidarity of Working People;

g) May 9 - Victory Day and the commemoration of the fallen heroes for the independence of the Fatherland;

g.1) May 9 - Europe Day;

h) August 27 - Independence Day;

i) August 31 - the celebration "Our Language";

i.1) December 25 - Birth of Jesus Christ (Christmas in a new style);

j) the day of the Feast of the church from the respective locality, declared in the manner established by the local council of the municipality, city, commune, village.

(1.1) To the employees remunerated in agreement or per unit of time (hour or day), for the non-working holidays listed in par. (1), if the non-working holidays do not coincide with the weekly rest days, they are paid the average salary.

If the non-working holidays coincide with the weekly rest days, the average salary for these days is not paid.

(2) On non-working holidays, works are allowed in the units whose stopping is not possible in connection with the technical and production conditions (continuous flow units), the works determined by the need to serve the population, as well as the urgent repair and loading works. -download.

(3) It is not allowed to attract pregnant women up to 18 years of age to work on non-working holidays.

(4) The persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, the persons who combine the parental leave provided in art. 126 and 127 par. (2) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform the work on non-working holidays only with their written consent. At the same time, the employer is obliged to inform in writing the mentioned employees about their right to refuse work on non-working holidays.

(5) In order to make the best use of rest days and non-working holidays by employees, the head of the unit, after consulting the employees' representatives, is entitled to transfer the rest (working) days to other days. For public authorities and institutions, the right to transfer the rest (working) days to other days, including by changing the daily working time, belongs to the Government. Employees who on the declared day of rest were not yet in employment with the unit in question, employees whose individual employment contracts were suspended on that date, as well as employees who on that day were on sick leave, in maternity leave, partly paid childcare leave up to the age of 3, additional unpaid childcare leave from 3 to 4 years old, annual leave, unpaid leave and study leave the obligation to appear at work on the declared working day.

(6) (Repealed)

(1) The right to paid annual leave is guaranteed for all employees.

(2) The right to annual rest leave may not be the subject of any assignment, waiver or limitation. Any agreement waiving, in whole or in part, this right is void.

(3) Every employee who works on the basis of an individual employment contract benefits from the right to annual rest leave.

(1) All employees are granted an annual paid rest leave, with a minimum duration of 28 calendar days, except for non-working holidays.

(2) For employees in some branches of the national economy (education, health care, public service, etc.), by organic law, another duration of annual leave may be established (calculated in calendar days).

(1) The working year for which annual leave is granted shall constitute 12 calendar months from the date of employment of the employee.

(2) The calculation of length of service that is included in one year of work is carried out according to art. 114.

(1) The seniority that gives the right to annual leave shall include:

a) the time when the employee actually worked;

b) the time when the employee did not actually work, but his job (position) and the average salary were fully or partially maintained;

c) the time of forced absence from work - in case of illegitimate dismissal from service or illegitimate transfer to another job and subsequent reinstatement at work;

d) the time when the employee did not actually work, but maintained his job (position) and received various payments from the state social insurance budget, except for the partially paid leave for childcare until the age of 3;

e) other periods of time provided by the collective agreements, by the collective or individual labor contract, by the internal regulation of the unit.

(2) Unless the collective agreements, the collective or the individual employment contract provide otherwise, in the length of service, which gives the right to annual leave, the following shall not be included:

a) the time of unjustified absence from work;

b) the period of being on leave for the care of the child up to the age of 4 years;

c) the period of unpaid leave with a duration of more than 14 calendar days;

d) the period of suspension of the individual employment contract, except for the cases provided in art. 76 letters a) -d) and in art. 77 letters b).

(1) The duration of annual leave in proportion to the time worked in a year of employment shall be calculated by multiplying the duration of leave for one month by the number of complete months worked in that year of employment.

(2) Decimals obtained in calculating the duration of annual leave in proportion to the time worked in a year of employment equal to 0.5 and more shall be rounded up to one day and less than 0.5 shall be excluded from the calculation.

(3) The calculation of full months worked in a working year shall be made as follows:

a) the days worked in a working year are counted;

b) the amount obtained is divided by the average monthly number of working days per year;

c) the balance of days, which constitutes 15 or more calendar days, is rounded up to a full month;

d) for the balance of days from 6 to 14 calendar days, the employee will be granted 1 day of leave.

(1) Paid leave for the first year of employment is granted to an employee after six months of continuous employment with the company.

(2) Before the expiry of six months of continuous employment, paid leave for the first year of employment shall be granted upon written application to the following categories of employees:

a) women - before or immediately after maternity leave;

b) b) employees up to the age of 18;

c) Other employees, in accordance with current legislation.

(2.1) Paid leave for the first year of employment may be granted to employees even before the expiry of six months of employment at the unit.

(3) Employees transferred from one unit to another may be granted annual leave even before the expiration of 6 months of work after the transfer.

(4) Annual paid leave for the following years of employment is granted upon written request of an employee at any time of the working year according to a schedule. At the employee's written request, the annual leave can be granted outside the established schedule.

(5) Annual leave may be granted in full or, on the basis of a written request by the employee, it may be divided into parts, one of which shall last for at least 14 calendar days.

(6) Annual leave shall be granted to the employee on the basis of the order (disposition, decision, resolution) issued by the employer.

(1) The scheduling of the annual rest leave for the following year is made by the employer, in agreement with the employees' representatives, at least 2 weeks before the end of each calendar year.

(2) When scheduling the annual rest holidays, the desire of the employees is taken into account, as well as the need to ensure the good functioning of the unit.

(2.1) The period and duration of scheduled annual leave may be modified at the request of the employee, with the agreement of the employer, taking into account the functioning of the enterprise and its needs.

(3) Employees whose spouses are on maternity leave shall be granted, on the basis of a written request, annual leave at the same time as the leave of the spouses.

(4) Employees up to 18 years of age, parents who have 2 or more children up to 16 years of age or a child with disabilities and single parents who have a child up to 16 years of age annual leave they are granted during the summer or, on a written request, at any other time of the year.

(5) The holiday schedule is binding for both the employer and the employee. The employee must be notified in writing of the starting time of the leave.

(6) The annual leave schedule approved in accordance with the conditions stipulated in paragraphs (1) and (2) shall be communicated to employees against signature or by other means allowing for acknowledgment of receipt/notification within 10 working days of approval.

(1) For the period of annual leave, the employee benefits from a leave allowance which may not be less than the size of the average salary for the respective period.

(2) The method of calculating the holiday allowance shall be established by the Government.

(3) The leave allowance shall be paid by the employer at least 3 calendar days before the employee leaves for leave.

(4) In case of death of the employee, the indemnity due to him, including for unused leave, shall be paid in full to the spouse, adult children or parents of the deceased, and in their absence - to other heirs, in accordance with applicable law.

Exceptional cases of its postponement

(1) The rest leave is granted annually according to the programming provided in art.116. The employer has the obligation to take the necessary measures for the employees to use the rest leave in each calendar year.

(2) The annual rest leave may be postponed or extended in case the employee is on medical leave, the fulfillment by him of a state duty or in other cases provided by law.

(3) In exceptional cases, if the granting of full annual leave to the employee in the current working year may adversely affect the proper functioning of the unit, part of the leave, with the written consent of the employee and the written consent of employees' representatives, may be postponed for the following working year. In such cases, in the current working year, the employee will be granted at least 14 calendar days from the annual rest leave, the remaining part being granted until the end of the following year.

(4) It is forbidden not to grant annual leave for 2 consecutive years, as well as not to grant annual leave to employees up to 18 years of age and employees who are entitled to additional leave in connection with work in harmful conditions.

(5) It is not allowed to replace the unused annual rest leave with a monetary compensation, except for the cases of termination of the individual employment contract of the employee who did not use his leave.

(6) The duration of the medical, maternity and study leave is not included in the duration of the annual rest leave. In case of total or partial coincidence of the leave with one of the mentioned leave, based on a written request of the employee, the annual leave not used in whole or in part is postponed for the period agreed by written agreement of the parties or extended, respectively, by number of days. indicated in the document, issued in the established manner, regarding the granting of the corresponding leave within the same calendar year.

(1) In case of suspension (art.76 letters e) and m), art.77 letters d) and e) and art.78 paragraph (1) letters a) and d)) or termination of the contract individually employed, the employee has the right to compensation for all unused annual rest leave.

(2) Based on a written request, the employee may use the annual rest leave for one year of work, with the subsequent suspension or termination of the individual employment contract, receiving compensation for other unused leave.

(3) During the validity period of the individual employment contract, the unused leave may be attached to the annual rest leave or may be used separately (in whole or in part, according to art. 115 para. written of the parties.

(1) For family and other well-founded reasons, on the basis of a written request, the employee may be granted, with the consent of the employer, unpaid leave of up to 120 calendar days, for which purpose an order is issued ( disposition, decision, decision).

(2) One of the parents who has 2 or more children up to 14 years of age (or a child with disabilities), single unmarried parents who have a child of the same age shall be granted annually, on the basis of a written request, a unpaid leave of at least 14 calendar days. This leave may be attached to the annual leave or may be used separately (in whole or in part) during the periods agreed with the employer.

(1) Employees working in harmful conditions, persons with severe visual disabilities and young people up to 18 years of age benefit from an additional paid annual leave with a duration of at least 4 calendar days.

(2) For the employees who work in harmful conditions, the concrete duration of the additional paid annual leave is established by the collective labor contract, based on the respective nomenclature approved by the Government.

(3) Employees from some branches of the national economy (industry, transport, construction, etc.) are granted additional annual leave paid for seniority in the unit and for work in shifts, according to the legislation in force.

(4) One of the parents who has 2 and more children up to 14 years of age (or a child with disabilities) is granted, based on a written request, an additional paid annual leave with a duration of 4 calendar days. .

(5) In the collective agreements, in the collective agreements or in the individual labor contracts, other categories of employees may be provided to whom additional paid annual leave is granted, as well as other (longer) duration of leave than those specified in par. (1), (3) and (4).

(6) The additional annual rest leave shall be attached to the basic annual rest leave.

(1) The employee may be recalled from the annual rest leave by order (disposition, decision, decision) of the employer, only with the written consent of the employee and only for unforeseen service situations, which make necessary his presence in the unit. In this case, the employee does not return the allowance for unused holidays.

(2) The remuneration of the work of the employee recalled from the annual rest leave shall be made on a general basis.

(3) In case of recall, the employee must use the rest of the days of the rest leave after the respective situation has ended or at another date established by the agreement of the parties within the same calendar year. If the remaining days of the rest leave have not been used for any reason within the same calendar year, the employee is entitled to use them during the following calendar year.

(4) The use by the employee of the remaining part of the annual rest leave is carried out on the basis of the order (disposition, decision, decision) of the employer.

(5) The refusal of the employee to use the remaining part of the annual rest leave is null (art. 9 paragraph (11) and art. 112 paragraph (2)).

(1) The paid medical leave is granted to all employees and apprentices based on the medical certificate issued according to the legislation in force.

(2) The manner of establishing, calculating and paying the indemnities from the state social insurance budget in connection with the medical leave is provided by the legislation in force.

(1) Employees and apprentices, as well as wives dependent on employees, are granted maternity leave which includes prenatal leave with a duration of 70 calendar days (in the case of pregnancies with 3 or more children - 112 calendar days) and postnatal leave with a duration of 56 calendar days (in case of complicated births or the birth of two or more children - 70 calendar days), being paid for this period allowances in the manner provided in art. 123 par. ( 2).

(2) The insured persons referred to in paragraph (1) shall, upon expiry of their maternity leave, be granted, upon their written request, partially paid child care leave until the child reaches the age of three with the payment of a benefit from the state social insurance budget. Part-time leave with pay for the care of a child up to the age of 3 years shall be granted, optionally, to a parent, a grandparent, another relative who is directly responsible for the care of the child, and the guardian.

(3) Paid partial leave for childcare may be taken by both parents alternately, in instalments, according to the availability of each, provided that the instalments do not overlap. Such leave shall be included in length of service, including special work, and in the period of contribution.

(4) In the case of a request for partial leave with pay for childcare in instalments, the leave shall be granted no later than 30 days from the date of submission of the request, for the period indicated in the request. A copy of the child's birth certificate shall be attached to the request.

(5) The partially paid leave for the care of children born from a twin pregnancy, of triplets or multiples shall be granted, upon written request, to both parents or other insured persons provided in par. (2).

(6) An employee has the right to return from partially paid parental leave until the child reaches the age of three years before the end of the period specified in paragraphs (2) or (4) by giving 15 working days written notice to the employer.

(1) Paternity leave shall be granted under the conditions provided for in this article in order to ensure the effective participation of the father in the care of the newborn child.

(2) The father of the newborn child benefits from the right to a paternity leave of 14 calendar days.

(3) Paternity leave shall be granted on the basis of a written request within the first 12 months after the birth of the child. A copy of the child's birth certificate shall be attached to the application.

(3.1) In case of total or partial coincidence of paternity leave with sick leave, on the basis of a written request by the employee, unused paternity leave shall be extended.

(4) During the paternity leave, the employee benefits from a paternity allowance which cannot be lower than the average monthly income insured for the respective period and which is paid from the state social insurance budget.

(5) The employer is obliged to encourage the employees in order to benefit from paternity leave.

(6) The cases in which the employer creates situations with disadvantage effect of the employees who take paternity leave are considered cases of discrimination on the part of the employers and are sanctioned according to the law

(1) The woman, based on a written request, is granted the annual leave before the maternity leave, provided in art. 124 paragraph (1), or immediately after it, or after the end of the child care leave.

(2) Persons referred to in Article 124 paragraph (4) shall be granted annual leave on the basis of a written request after the end of their childcare leave.

(3) The employees who have adopted newborn children or taken them under guardianship may use, based on a written request, the annual rest leave after the end of any of the leave granted according to art.127.

(4) The annual rest leave, according to paragraphs (1) - (3), is granted to the employees regardless of the seniority in the respective unit.

(1) In addition to the maternity leave and the partially paid leave for the care of the child up to the age of 3, the woman, as well as the persons referred to in art. 124 paragraph (4), shall be granted, based on a written request, a unpaid additional leave for the care of the child aged 3 to 4 years, with the maintenance of the job (of the position). In the absence of the previous job (previous position), the mentioned persons are granted another equivalent job (equivalent position).

(2) Based on a written request, during the additional unpaid leave for the care of the child, the woman or the persons mentioned in art. 124 paragraph (4) may work under the conditions of part-time work or at home.

(3) The period of the unpaid additional leave is included in the seniority, including in the special seniority, if the individual employment contract has not been suspended according to art. 78 paragraph (1) letter a).

(4) The period of the unpaid additional leave is not included in the seniority that gives the right to the next paid annual leave, as well as in the contribution period according to the law.

(5) The employee may return from unpaid additional leave for childcare before the deadline set out in the request referred to in paragraph (2) by giving 15 working days written notice to the employer.

(1) An employee who has adopted a newborn child directly from maternity or taken him under guardianship shall be granted paid leave for a period starting from the day of adoption (taking under guardianship) and until the expiration of 56 calendar days from the day the birth of the child (in case of adoption of two or more children at the same time - 70 calendar days) and, based on a written request, a partially paid leave for the care of the child up to the age of 3 years. The allowances for the mentioned holidays are paid from the state social insurance budget.

(2) The employee who has adopted a newborn child directly from maternity or took him under guardianship is granted, based on a written request, an unpaid additional leave for the care of the child aged 3 to 4 years, according to art.126 .

(3) The employee who intends to adopt a child shall be granted, on the basis of a written request, unpaid leave during the entrustment of the adoptable child, which shall not exceed 90 calendar days.