LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter II
REST TIME
Artikel   107 Lunch break and daily rest

(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.

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Artikel   108 Breaks to feed the baby

(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.

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Artikel   109 Weekly rest

(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.

Original 

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Artikel   110 Work on rest 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.

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Artikel   111 Non-working holidays

(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)

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