LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Title X
PARTICULARITIES OF THE LABOR REGULATIONS OF SOME CATEGORIES OF EMPLOYEES
Chapter I
GENERAL DISPOSITIONS
Artikel   245 Peculiarities of labor regulation

The particularities of labor regulation represent a set of norms that specify the application to certain categories of employees of the general regulations regarding work or establish for these categories additional rules concerning the mentioned field.

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Artikel   246 The categories of employees to whom the particularities of labor regulation apply

The particularities of the regulation of women's work, of persons with family obligations, of employees up to 18 years of age, of unit managers, of persons performing work by cumulation, as well as of other categories of employees, are established by this code and of other normative acts.

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Chapter II
WORK OF WOMEN, PEOPLE WITH FAMILY DUTIES AND OTHERS
Artikel   247 Employment guarantees for pregnant women and people with children up to 4 years old

(1) The refusal of employment or the reduction of the salary amount due to pregnancy or the existence of children up to 4 years of age is prohibited. The refusal to hire a pregnant woman or a person with a child up to 4 years of age for other reasons must be justified, the employer informing the person in writing within 5 calendar days from the date of registration in the unit of the application for employment. The refusal to hire can be challenged in court.

(2) (Excluded)

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Artikel   248 Works for which the use of work is prohibited categories of women

It is forbidden to use the work of pregnant women, women who have recently given birth and those who are breastfeeding to work underground in me, as well as in any other activities that pose risks to their safety or health or that may have repercussions on pregnancy or breastfeeding, according to minimum requirements approved by the Government.

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Artikel   249 Travel limitation

(1) It is not allowed to send for travel in the interest of service of persons whose travel is contraindicated according to the medical certificate.

(2) Persons with severe and severe disabilities, pregnant women, single parents with children up to 14 years of age, employees with children up to 4 years of age or children with disabilities, persons combining childcare leave, provided in art. 126 and 127 paragraph (2), with work, as well as employees caring for a sick family member, based on the medical certificate, may be sent away 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 to leave.

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Artikel   250 Transfer to another job of certain categories of women

(1) If, as a result of the occupational risk assessment in accordance with the Occupational Safety and Health Act, work performed by a pregnant woman, a woman who has recently given birth or a breastfeeding woman proves to present safety risks or her health or may have repercussions on pregnancy or breastfeeding, the employer shall take the necessary measures to exclude, through a temporary change in working conditions, the influence of risk factors on such persons.

(2) If the modification of the working conditions, provided in par. (1), it is not possible for objective reasons for a pregnant woman, a woman who has recently given birth or a breastfeeding woman to be given another job, so as to avoid exposing her to the risk factors identified in the assessment. During the activity at the new job, the pregnant woman, the woman who has recently given birth or the breastfeeding woman is kept the average salary from the previous job.

(3) The provisions of par. (1) and (2) shall also apply in cases where pregnancy or breastfeeding occurs during the performance of work that involves the influence of risk factors, provided that the employer is properly informed.

(4) Pregnant women, women who have recently given birth and those who are breastfeeding will be removed from night work, being given a day job, while maintaining the average salary from the previous job.

(5) Until the settlement of the issue regarding the granting of another work in accordance with par. (2) - (4) or if the change of job is not possible for objective reasons, pregnant women, women who have recently given birth and those who are breastfeeding will be exempted from fulfilling their work obligations, while maintaining the average salary for the days they did not work because of it.

(6) Without prejudice to the provisions of par. (1) - (5), women who have children up to 3 years of age, in case they do not have the possibility to fulfill their work obligations, are transferred, in the manner provided by this code, to another place of work. work, with the maintenance of the average salary from the previous job until the children reach the age of 3 years.

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Artikel   251 Prohibition of dismissal of pregnant women and employees caring for children up to 4 years old

It is forbidden to dismiss pregnant women, women who have children up to 4 years old and persons who use childcare leave provided in art. 124, 126 and 127, except for the cases provided in art. 86 para. (1) lit. b), g) - k).

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Artikel   252 Guarantees for people caring for children without maternal care

Guarantees and rights granted to women with children up to 4 years of age and other persons using childcare leave, provided in art. 124, 126 and 127 (limitation of night work, overtime work, attraction to work on rest days and sending on duty in the interest of work, granting additional leave, establishing the privileged work regime, other guarantees and facilities established by labor legislation), extend, in addition to the relatives mentioned in art.124 paragraph (4), and on other people who actually care for children without maternal care (in case of death, loss of parental rights or long stay of the mother in a treatment institution, in other cases), as well as on the guardians (curators) of minors.

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Artikel   252 .1 Guarantees for people who educate a child with disabilities

One of the parents (guardian, curator) who educates a child with disabilities will be given an additional day off based on a written request, with the maintenance of the average salary from the employer's account.

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2015-12-18
 

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Artikel   252 .2 Childcare services for children up to 3 years old

In order to reconcile work and family life, the employer may offer childcare services for children up to the age of 3 to employees, according to the regulatory framework approved by the Government.

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2022-04-25
 

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Chapter III
WORK OF PEOPLE UP TO 18 YEARS OLD
Artikel   253 Medical examinations of elderly employees up to 18 years

(1) Employees up to 18 years of age are employed only after they have undergone a preventive medical examination. Subsequently, until they reach the age of 18, they will be subjected to the compulsory medical examination every year.

(2) The expenses for the medical examinations shall be borne by the employer.

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Artikel   254 The working norm of employees up to 18 years of age

(1) For employees up to 18 years of age, the work norm is established, starting from the general work norms, in proportion to the reduced working time established for the respective employees.

(2) Employees up to 18 years of age, employed after graduation from general secondary education and technical vocational education, the employer shall establish reduced work rules, in accordance with the legislation in force, the collective agreements and the collective labor contract.

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Artikel   255 Works for which the use of the work of persons up to 18 years of age is prohibited

(1) It is forbidden to use the work of persons up to 18 years of age in works with difficult, harmful and / or dangerous working conditions, in underground works, as well as in works that may harm the health or moral integrity of minors (games good luck, working in nightclubs, production, transportation and marketing of alcoholic beverages, tobacco products, narcotics and toxic substances). It is not allowed to manually lift and transport weights that exceed the maximum norms established for them.

(2) The nomenclature of works with heavy, harmful and / or dangerous working conditions to which the application of the work of persons up to 18 years of age is prohibited, as well as the maximum allowed norms for persons up to 18 years of age at lifting and manual transportation of weights, is approved by the Government after consultation with employers and unions.

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Artikel   256 Prohibition of sending employees away up to 18 years old

It is forbidden to send employees up to the age of 18 away, except for employees from audiovisual institutions, theaters, circuses, cinematographic, theatrical and concert organizations, as well as those of professional athletes.

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Artikel   257 Additional guarantees when dismissing employees up to 18 years old

Dismissal of employees up to 18 years of age, except in the case of liquidation of the unit, is allowed only with the written consent of the territorial agency for employment, respecting the general conditions of dismissal provided by this code.

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Chapter IV
WORK OF LEADERS OF UNITS AND MEMBERS OF COLLEGE BODIES
Artikel   258 General dispositions

(1) The provisions of this chapter apply to the managers of all units, except for the cases when the manager (employer) is simultaneously the owner of the unit.

(2) The head of the unit is the natural person who, in accordance with the legislation in force or the documents of constitution of the unit, exercises attributions of administration of the respective unit, fulfilling at the same time the functions of the executive body.

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Artikel   259 Legal basis for labor regulation the unit leader

The rights and obligations of the head of the unit in the field of labor relations are regulated by this code, by other normative acts, by the documents of constitution of the unit and by the individual labor contract.

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Artikel   260 Conclusion of the individual employment contract with the head of the unit

(1) The individual employment contract with the head of the unit is concluded for the duration indicated in the establishment documents of the unit or for a term established in the contract by the agreement of the parties.

(2) The legislation in force or the documents of constitution of the unit may provide special procedures that will precede the conclusion of the individual employment contract with the head of the unit (organization of the competition, election or appointment).

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Artikel   261 Work by cumulation of the head of the state unit, including municipal, or of the unit with majority capital of the state

(1) The head of the state unit, including municipal units, or of the unit with majority state capital may not perform work by cumulation at another unit or to cumulate functions at the unit he leads, with the exceptions provided by the legislation in force.

(2) The head of the state unit, including municipal units, or of the unit with majority state capital may not be part of the bodies exercising supervision and control in the unit he leads.

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Artikel   262 Material responsibility of the head of the unit

(1) The head of the unit bears full material responsibility for the direct and real damage he caused to the unit, according to the present code and other normative acts.

(2) In the cases provided by the legislation in force, the head of the unit shall repair the damage caused to the unit as a result of his guilty action or inaction. The calculation of this damage is performed in accordance with the rules of the Civil Code.

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Artikel   263 Additional grounds for termination of the individual employment contract concluded with the head of the unit

Apart from the cases of termination of the individual employment contract on the grounds provided by this code and other normative acts, the individual employment contract concluded with the head of the unit may be terminated in case of:

a) dismissal of the head of the debtor unit in accordance with the legislation on insolvency;

b) issuance by the authorized body or the owner of the unit of the order (disposition, decision, decision) legally grounded for termination of the individual employment contract before term; as well as

c) in other cases provided by the individual employment contract.

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Artikel   264 Compensation in connection with the termination of the individual employment contract concluded with the head of the unit

In case of termination of the individual employment contract concluded with the head of the unit based on the order (disposition, decision, decision) of the competent body or the owner of the unit (art. 263 letter b)), in the absence of guilty actions or inactions, the head is notified in writing one month in advance and is paid compensation for the termination of the individual employment contract prematurely, in the amount of at least 3 average monthly salaries. The concrete amount of the compensation is established in the individual employment contract.

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Artikel   265 Resignation of the head of the unit

The head of the unit has the right to resign before the expiration of the term of the individual employment contract in the cases stipulated by the contract, informing his employer in writing one month in advance.

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Artikel   266 Other peculiarities of regulating the work of the heads of the units and of the members of the collegiate bodies

The legislation in force and / or the establishment documents of the unit may also provide other particularities regulating the work of the unit leaders, as well as the particularities regulating the work of the members of the collegiate executive body of the unit, which operate on the basis of an individual employment contract.

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Chapter V
WORK THROUGH CUMULATION
Artikel   267 General dispositions

(1) The work by cumulation represents the fulfillment by the employee, besides the basic work, of another work, permanent or temporary, outside the working hours, based on an individual individual employment contract.

(2) Individual employment contracts may be concluded with one or more employers, if this does not contravene the legislation in force.

(3) Work by cumulation can be performed both within the same unit and in other units.

(4) For the conclusion of the individual employment contract by cumulation, the consent of the employer from the basic job is not required.

(5) The individual employment contract shall indicate, obligatorily, that the respective work is performed by cumulation.

(6) The employees employed by cumulation benefit from the same rights and guarantees as the other employees from the respective unit.

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Artikel   268 Peculiarities of work by cumulating some categories of employees

The particularities of work by cumulation for some categories of employees (workers, teachers, medical and pharmaceutical staff, research and development staff, employees in culture, art, sports, etc.) are established by the Government, after consulting employers and unions.

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Artikel   269 Limiting work by cumulation

Employers, in agreement with employees' representatives, may provide for certain restrictions on the performance of work by cumulation only for employees with certain professions, specialties and functions, with special working conditions and regime, whose work by cumulation could endanger health or safety. production process.

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Artikel   270 The documents that are presented at the conclusion of the individual employment contract by cumulation

(1) The person who is employed by cumulation at another unit is obliged to present to the employer the identity card or another identity document.

(2) When hiring by cumulation in a position or profession that requires special knowledge, the employer has the right to request from the respective person the presentation of the diploma or other document attesting the studies or professional training, and when hiring for jobs with difficult working conditions , harmful and / or dangerous - and the medical certificate.

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Artikel   271 Duration of working time and rest time at work by cumulation

The concrete duration of the working time and of the rest time at the workplace by the cumulation is established in the individual employment contract, taking into account the provisions of the present code (title IV) and of other normative acts.

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Artikel   272 Annual rest leave for employees who perform work by cumulation

(1) The employees who perform work by cumulation benefit from an annual rest leave, paid according to the cumulated function or specialty, which is granted at the same time as the annual rest leave from the basic work place.

(2) The leave for cumulative work is granted according to the duration established for the respective position or specialty at the unit, regardless of the duration of the leave at the basic workplace. The employee benefits from unpaid additional leave if the duration of the leave at work by cumulation and at the basic job differs.

(3) The payment of the leave allowance or of the compensation for the unused leave shall be made starting from the average salary for the cumulated position or specialty, determined in the manner established by the Government.

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Artikel   273 Additional grounds for termination of the individual employment contract with employees who perform work by cumulation

In addition to the general grounds for termination of the individual employment contract, the contract concluded with the employee performing work by cumulation may also terminate in the case of concluding an individual employment contract with another person who will exercise the profession, specialty or function as profession, specialty or basic function (art. 86 para. (1) letter s)).

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Artikel   274 Allowance for dismissal of the employee employed by cumulation

When terminating the individual employment contract with the employee employed by cumulation, in connection with the liquidation of the unit, with the reduction of the number or staff or in the case of concluding an individual employment contract with another person who will exercise the respective profession (function) ( function) basic, he is paid a severance pay in the amount of his average monthly salary.

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Chapter VI
WORK OF EMPLOYEES WITH INDIVIDUAL EMPLOYMENT CONTRACT FOR A PERIOD OF UP TO 2 MONTHS
Artikel   275 Conclusion of the individual employment contract for a period of up to 2 months

The conclusion of the individual employment contract for a period of up to 2 months is made in the cases provided in art. 55 letter b) and in the manner established by this code and other normative acts.

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Artikel   276 Attracting to work on rest days and of non-working holiday

(1) Employees who have concluded an individual employment contract for a term of up to 2 months may be attracted to work on rest days and non-working holidays only with their written consent.

(2) The remuneration of the work performed on rest days and non-working holidays shall be carried out in the manner provided in art.158.

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Artikel   277 Holiday allowance

(1) Employees who have concluded an individual employment contract for a period of up to 2 months, upon termination of the contract in connection with the expiration of its term, shall be paid an indemnity for unused vacation days.

(2) The method of calculating the holiday allowance provided in paragraph (1) shall be established by the Government.

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Artikel   278 Termination of individual employment contract

(1) An employee who has concluded an individual employment contract for a term of up to 2 months shall have the right to terminate it before the end of the term by giving the employer at least 3 calendar days' written notice.

(2) The employer is obliged to notify the employee by order (provision, decision, ruling), under signature or by other means allowing confirmation of receipt/notification, of the termination of the individual employment contract, in connection with the expiry of the term, at least 3 calendar days in advance.

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Chapter VII
WORK OF EMPLOYEES EMPLOYED IN SEASONAL WORKS
Artikel   279 Seasonal works

(1) The works are considered seasonal works which, by virtue of the climatic conditions and other natural conditions, are carried out in a concrete period of the calendar year, which does not exceed 6 months.

(2) The nomenclature of seasonal works shall be approved by the Government.

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Artikel   280 Conditions for concluding the individual contract working with employees employed in seasonal work

(1) The seasonal character of the work must be specified in the individual employment contract (art. 55 letter b)).

(2) When hiring employees for seasonal works, the probationary period may not exceed 2 calendar weeks.

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Artikel   281 Holiday allowance

(1) Employees emplyed in seasonal work shall be paid an allowance for unused holiday days upon termination of the individual employment contract.

(2) The method of calculating the holiday allowance provided in par. (1) shall be established by the Government.

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Artikel   282 Termination of individual employment contracts with employees engaged in seasonal work

(1) An employee engaged in seasonal work shall be obliged to notify the employer in writing at least 7 calendar days in advance of the termination of the individual employment contract.

(2) The employer is obliged to give notice, under signature or by other means allowing confirmation of receipt/notice, to the employee engaged in seasonal work of the termination of the individual employment contract in connection with the expiry of the term at least 7 calendar days in advance.

(3) Upon termination of the individual employment contract with the employee engaged in seasonal work in connection with the liquidation of the establishment, reduction of the number or staffing levels, the employee shall be paid a severance pay in the amount of his average salary for 2 weeks.

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Chapter VIII
EMPLOYMENT OF EMPLOYEES EMPLOYING INDIVIDUAL EMPLOYERS
Artikel   283 Peculiarities of the individual employment contract concluded between the employee and the individual employer

(1) At the conclusion of the individual employment contract with the natural person employer, the employee undertakes to perform a work not prohibited by the legislation in force, provided by the contract.

(2) The individual employment contract, concluded in written form, shall include, obligatorily, all the clauses provided in art.49.

(3) The natural person employer is obliged:

a) to draw up, in written form, the individual employment contract with the employee and to register it with the local public administration authority, which sends a copy of it to the territorial labor inspection;

b) to pay the state social insurance premiums and other obligatory payments in the manner and amounts provided by the legislation in force;

c) to complete the documents necessary for the registration, in the established manner, as a taxpayer in the public social insurance system, of the employee employed for the first time.

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Artikel   284 Term of the individual employment contract

At the agreement of the parties, the individual employment contract between the employee and the natural person employer can be concluded for both an indefinite and a fixed term.

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Artikel   285 Work and rest regime

The work regime, the way of granting the rest days and the annual rest stipulations are stipulated in the individual employment contract concluded between the employee and the natural person employer. At the same time, the duration of working time cannot be longer, and the duration of the annual rest leave - shorter than those established by this code.

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Artikel   286 Modification of the clauses of the individual contract for work

About the modification of the clauses of the individual employment contract, the employer, the natural person, warns the employee, in written form, at least 14 calendar days in advance.

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Artikel   287 Termination of individual employment contract

(1) An employee who has concluded an individual employment contract with a natural person employer is obliged to notify the employer of his resignation at least 7 calendar days in advance.

(2) The employer is obliged to notify the employee, in writing, under signature or by another means that allows confirmation of receipt/notice, of the forthcoming dismissal (Art. 82 (f) and Art. 86) at least 7 calendar days in advance.

(3) The concrete term of the notice given under the conditions of paragraph (2), the cases of payment and the amount of severance pay, other payments and compensations due to the employee upon termination of the individual employment contract shall be determined by the parties in the contract.

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Artikel   288 Settlement of individual labor disputes

Individual labor disputes that have not been resolved by the employee and the natural person employer amicably are resolved by the court under the conditions of this code (Title XII).

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Artikel   289 Documents confirming the work at the employer

(1) The individual employment contract concluded in written form and registered according to art. 283 paragraph (3) shall serve as a document confirming the work of the natural person employer.

(2) (Repealed)

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Chapter IX
HOME WORK
Artikel   290 Employees working from home

(1) Employees with work at home are considered the persons who have concluded an individual labor contract regarding the performance of work at home with the use of materials, tools and mechanisms provided by the employer or procured from their own means.

(2) In case the employee uses his own tools and mechanisms at home, he is paid a compensation for their wear and tear. The payment of this compensation, as well as the compensation of other expenses related to the provision of work at home, is made by the employer in the manner established by the individual employment contract.

(3) The manner and terms of insuring the employees with work at home with raw materials, materials and semi-finished products, making payments for the finished production, refunding the value of the materials belonging to the employees working at home, as well as taking over the finished production, are established by the individual employment contract.

(4) The employees with work at home fall under the incidence of the labor legislation, with the particularities established by the present code.

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Artikel   291 Conditions under which work at home is allowed

The works assigned to the employees with work at home cannot be contraindicated according to the medical certificate and must be executed in conditions of observance of the norms of safety and health at work.

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Artikel   292 Termination of the individual employment contract concluded with employees working from home

Termination of the individual employment contract concluded with employees working at home takes place on the general grounds provided by this code.

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Chapter IX.1
DISTANCE WORK
Artikel   292 .1 Employees who perform remote work

(1) Remote work is the form of work organization in the fields of activity, through which the employee fulfills his duties specific to the occupation, function or profession he holds in another place than the one organized by the employer, including means in the field of information technology; communications.

(2) Remote employees are employees who have concluded an individual employment contract or an additional agreement to the existing contract, which contain distance employment clauses.

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2020-05-26
 

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Artikel   292 .2 Principles of organizing distance work

(1) The employee with distance work enjoys all the rights and guarantees provided by law, the collective labor contract, the individual employment contract or other normative act at unit level applicable to employees whose job is organized by the employer .

(2) The particularities regarding remote work may be provided in the individual employment contract, in the collective labor contract or in the internal regulation of the unit or in another normative act at unit level.

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2020-05-26
 

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Artikel   292 .3 Conclusion, modification and content of the individual employment contract which provides for distance employment clauses

(1) The individual employment contract for distance work shall be concluded and amended under the conditions provided for in this Code, including by the exchange of electronic documents with the use of a qualified advanced electronic signature.

(2) The individual employment contract regarding distance work must contain, in addition to the clauses provided in art. 49, clauses regarding:

a) the conditions for performing distance work;

b) the program within which the employer is entitled to verify the activity of the employee and regarding the manner of performing the control;

c) the manner of recording the working hours provided by the employee with remote work;

d) the conditions regarding the bearing of the expenses related to the activity in the remote work regime;

e) other conditions agreed by the parties.

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2020-05-26
 

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Artikel   292 .4 Organizing occupational safety and health for employees with remote work

The employer organizes the safety and health at work of employees with remote work in accordance with the provisions of the Law on safety and health at work no. 186/2008, as well as other normative acts in the field of occupational safety and health.

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2020-05-26
 

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Artikel   292 .5 Termination of the individual employment contract for remote work

Termination of the individual employment contract for distance work shall take place under the general conditions provided for in this Code, including by the exchange of electronic documents with the use of a qualified advanced electronic signature.

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2020-05-26
 

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Chapter X
WORK OF TRANSPORT EMPLOYEES
Artikel   293 Hiring a job directly related to traffic means of transport

(1) Only persons with professional training, established by the Government, who have an appropriate document (certificate, driving license, etc.) may be employed in a work directly related to the circulation of means of transport.

(2) The employment of persons to a work directly related to the circulation of means of transport takes place only on the basis of the medical certificate issued following the medical examination performed in the manner established by the Government.

(3) The nomenclature of professions (functions) and works directly related to the circulation of means of transport shall be approved by the Government after consulting the employers' associations and trade unions in the respective branch.

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Artikel   294 The work and rest regime of the employees whose work is directly related to the circulation of the means of transport

The duration, the particularities of the work and rest regime for certain categories of employees whose work is directly related to the circulation of means of transport are established by this code, other normative acts, as well as the international agreements to which the Republic of Moldova is a party.

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Artikel   295 The rights and obligations of employees whose work is directly related to the movement of means of transport

The rights and obligations of employees whose work is directly related to the movement of means of transport are regulated by this code, by the regulations (statutes) for different types of transport, approved in the established manner, by other normative acts in force.

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Artikel   296 The right to practice pedagogical (didactic) activity

(1) In the pedagogical (didactic) activity are admitted the persons with a necessary level of education, established by the legislation in force, for the activity in the corresponding educational institutions and in the organizations from the sphere of science and innovation.

(2) The persons deprived of this right by the decision of the court or on the basis of the corresponding medical certificate, as well as the persons with a criminal record for certain crimes are not admitted in the pedagogical (didactic) activity. The lists of medical contraindications and crimes that do not allow the practice of pedagogical (didactic) activity are established by law.

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Artikel   297 Concluding the individual employment contract with the staff scientific and didactic activities in higher education institutions

(1) The occupation of all scientific and didactic functions in the higher education institutions is carried out on the basis of an individual employment contract for a determined duration, concluded according to the results of the competition. The Regulation on the manner of occupying the nominated positions is approved by the Government.

(2) The positions of dean of the faculty and head of department in higher education institutions are elective. The election procedure in the mentioned positions is provided by the statutes of the respective educational institutions.

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Artikel   298 Duration of working time for teachers

(1) For teachers of educational institutions and organizations in the field of science and innovation, a reduced duration of working time shall be established, which shall not exceed 35 hours per week (art. 96 para. (3)).

(2) The concrete duration of working time for teachers of educational institutions and organizations in the field of science and innovation shall be established by the Government, according to the function and / or specialty, taking into account the specifics of the work performed.

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Artikel   299 Extended annual leave

(1) The teaachers of the educational institutions benefit annually, at the end of the school year, from a paid rest leave with the duration of:

a) 62 calendar days - for teachers from higher education institutions, from colleges, high schools, gymnasiums and general education schools of all types;

b) 42 calendar days - for teachers from preschool institutions of all types;

c) 28 calendar days - for teachers from extracurricular institutions and sports schools for children.

(2) The scientific staff from the educational institutions of all levels are granted an annual paid leave with a duration of 62 calendar days.

(3) The scientific staff of the organizations in the field of science and innovation, regardless of the type of ownership and the legal form of organization, benefit annually from a paid rest leave with the duration of:

a) 42 calendar days - for scientific staff with a scientific degree of habilitated doctor;

b) 36 calendar days - for scientific staff with a doctoral degree;

c) 30 calendar days - for scientific staff without a scientific degree.

(4) The auxiliary teachers and the administrative staff from education and from the sphere of science and innovation benefit from an annual paid leave with a duration of 28 calendar days.

(5) The teachers from the educational institutions, employed based on the individual fixed-term employment contract, according to art. 55, for a period of at least one year of studies / one academic year, benefits from a paid rest leave with the duration provided in par. (1) of this article.

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Artikel   300 Long term leave for teachers and staff in science and innovation organizations

(1) Teachers in educational institutions are granted, not less than once every 10 years of pedagogical activity, a leave of up to one year, in the manner and under the conditions, including those of payment, established by the founder. and / or the status of the institution concerned.

(2) The scientific staff of the organizations in the field of science and innovation shall be granted, in the manner and under the conditions established by the statute of the respective organization:

a) paid leave of up to 6 months, not less than once every 10 years of scientific activity, for the completion of treaties, studies included in the research programs of organizations in the field of science and innovation, with the approval of the scientific council the organization;

b) a paid leave of up to one year, once, for the drafting of the thesis of habilitated doctor, with the approval of the scientific council of the organization.

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Artikel   301 Additional grounds for termination of the individual employment contract concluded with teachers and staff from organizations in the field of science and innovation

(1) (Repealed)

(2) In addition to the general grounds provided for in this Code, the individual employment contract concluded with staff from organizations in the field of science and innovation may be terminated on the following additional grounds:

a) loss of the competition for the occupation of scientific and management positions provided by the statute of the respective organization;

b) the non-attestation, in accordance with the statute of the respective organization, of the scientific researchers, the workers from the enterprises, institutions and auxiliary organizations of service and administration of the scientific activity.

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Chapter XII
WORK OF EMPLOYEES IN DIPLOMATIC MISSIONS AND CONSULAR OFFICES OF THE REPUBLIC OF MOLDOVA
Artikel   302 Peculiarities of the activity within the diplomatic missions and consular offices of the Republic of Moldova

(1) The persons employed in diplomatic, administrative-technical or service positions within the Ministry of Foreign Affairs and European Integration are seconded, by transfer, respectively, in diplomatic or consular, administrative-technical or service positions to the diplomatic missions or consular offices of Republic of Moldova.

(2) The maximum duration of the secondment, according to paragraph (1), constitutes for the heads of the diplomatic missions and of the consular offices 4 years, and for the other seconded employees - 3 years.

(3) At the expiration of the secondment term, the persons indicated in paragraph (1) shall be transferred within the Ministry of Foreign Affairs and European Integration, provided that there are vacant positions, and in their absence - are included in the reserve of the respective ministry.

(4) If persons who are not part of the administrative-technical and service staff of the Ministry of Foreign Affairs and European Integration are sent to diplomatic missions and consular offices, at the expiration of the term of mission, they may be employed by the nominated ministry provided that there are vacancies.

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Artikel   303 Working conditions of employees seconded to diplomatic missions and consular offices of the Republic of Moldova

The working conditions of the employees seconded to the diplomatic missions and consular offices of the Republic of Moldova are established by the individual employment contract concluded according to the present code and other normative acts that regulate the diplomatic service.

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Artikel   304 Guarantees and compensations granted to employees seconded to diplomatic missions and consular offices of the Republic of Moldova

The manner and conditions of payment of compensation in connection with the secondment to diplomatic missions and consular offices of the Republic of Moldova, as well as the material and living conditions of seconded employees, shall be established by the Government, taking into account climatic and other conditions in the country. residence.

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Artikel   305 Cessation of activity in the diplomatic missions and consular offices of the Republic of Moldova

(1) The activity of employees members of the diplomatic and consular staff seconded to the diplomatic missions and consular offices of the Republic of Moldova may cease prematurely in the following cases:

a) recall, in the manner established by the Government;

b) declaration of the employee “persona non grata”; as well as

c) in other cases provided by the legislation in force.

(2) The cessation of the activity of the employees members of the administrative-technical and service personnel within the diplomatic missions and consular offices of the Republic of Moldova takes place on the grounds provided by the present code and by other normative acts.

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Chapter XIII
WORK OF RELIGIOUS ASSOCIATIONS
Artikel   306 Parties of an individual labor contract concluded with a religious association

(1) An employer may be a religious association registered in accordance with the procedure established by the current legislation and concluded an individual labor contract with an employee.

(2) An employee may be a person who has reached the age of sixteen, who has entered into an individual labor contract with a religious association, who performs certain work in accordance with the profession, specialty, position and is subject to the internal regulations of the religious association.

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Artikel   307 Internal regulations of a religious association

The rights and obligations of the parties to an individual labor contract are determined in the contract, taking into account the specifics stipulated by the internal regulations of the religious association, which do not contradict the Constitution of the Republic of Moldova, this law and other applicable normative acts.

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Artikel   308 Features of the conclusion and modifying an individual labor contract with a religious association

(1) An individual labor contract between an employee and a religious association may be concluded for a specified period (Art. 55, point m)).

(2) By entering into an individual labor contract, the employee undertakes to perform any work not prohibited by the law and specified in the contract.

(3) The individual labor contract includes the conditions established as a result of negotiations between the employee and the religious association - the employer, which do not contradict this law.

(4) If it becomes necessary to modify the individual labor contract, the interested party is obliged to notify the other party about this in written form at least seven calendar days prior to the amendment. 

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Artikel   309 Working regime of employees in religious associations

The working regime of employees in religious associations is established on the basis of the regime for the implementation of rituals or other activities of a religious association, determined by its internal regulations, taking into account the normal duration of rest and working hours provided by this law.

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Artikel   310 Additional grounds for termination of an individual labor contract concluded with a religious association

(1) In addition to the general grounds provided by this law, an individual labor contract concluded by an employee with a religious association may also be terminated on other grounds provided by the contract, point j of Article 82.

(2) The terms for warning an employee of a religious association about release on the grounds provided by the individual labor contract, as well as the procedure and conditions for providing him guarantees and compensations in connection with the release, are established by the individual labor contract.

(3) An employee of a religious association has the right to resign by notifying the employer of this in written form at least seven calendar days in advance.

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Artikel   311 Resolution of individual labor disputes

Individual labor disputes arising between an employee and a religious association and not settled by mutual consent are resolved in court in accordance with this law (Section XII).

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Chapter XIV
LABOR OF EMPLOYEES WORKING ON THE BASIS OF AN INDIVIDUAL LABOR CONTRACT FOR THE PERIOD OF A CERTAIN WORK PERFORMANCE
Artikel   312 Individual labor contract for the period of a specific work performance

(1) By concluding an individual labor contract for the period of a certain work performance, the employee undertakes to perform for the employer work stipulated in the contract, according to a certain profession, specialties, qualifications, receiving during the period of performance a monthly reward in the form salary.

(2) An individual labor contract for a certain work performance period is concluded in cases where it is impossible to establish an exact term for its completion. The parties of the contract can agree on the general deadline of performance, as well as on the timing of the performance of individual parts of the work.

(3) If the period required for the performance of a specific job exceeds five years, the individual labor contract is deemed to be concluded for an indefinite period.

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Artikel   313 Content of an individual labor contract for the period of a certain work performance

(1) The content of an individual labor contract for the period of a certain work performance is established by the parties in compliance with the provisions of paragraph (1), Article 49.

(2) In addition to the conditions listed in paragraph (1), Article 49, the contract shall also stipulate the procedure and place of acceptance of completed work by the employer.

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Artikel   314 Working and rest hours

The working hours and rest hours of an employee hired on the basis of an individual labor contract of a certain work period are established by the parties of the contract. At the same time, the working time duration of a given employee cannot be more, and the rest time - less than that established by this law.

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Artikel   315 Work acceptance and termination of an individual labor contract for the certain work performance period

(1) An employee is required to notify the employer in written form about work completion not later of the next day after its end.

(2) By reception of a written notice, the employer through notification is required to establish and inform the employee about the date of the work acceptance.

(3) Completed work shall be accepted by the employer (or his representative) at the place and manner stipulated by the contract. The fact of the work acceptance is set out in the acceptance act drawn up by the employer and signed by the parties, a copy of which must be given to the employee.  

(4) A job is deemed to be accepted also if the employer (or his representative) fails to appear without a valid reason for accepting it on the specified date.

(5) If the work acceptance on an established day is impossible for objective reasons (force majeure, medical leave or other reasons), the employer sets a new date of acceptance, informing the employee about it in the manner provided in paragraph (2).

(6) The work acceptance day is considered as the last employee’s working day, unless the parties have entered into a new individual labor contract in accordance with this law.

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Artikel   316 Early termination of an individual labor contract for the certain work performance period

Early termination of an individual labor contract for the certain work performance period is carried out in cases and in manner provided by this law for early termination of a fixed-term individual labor contract (Article 83).

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Chapter XV
CONTINUOUS SHIFT WORK
Artikel   317 General provisions

(1) A rotational method is a special form of carrying out the labor process outside the place of employee’s residence, in which their daily return to their place of residence cannot be ensured.

(2) The rotational method is applied when the work place is located at a considerable distance from the employer’s location, in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities.

(3) Employees who are involved in work on a rotational basis temporarily reside in rotational camps specially created by the employer, which are a complex of buildings and structures designed to ensure the life of employees during the work performance and between shifts.

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Artikel   318 Limitation of continuous shift work

(1) Persons under the age of eighteen, pregnant women, as well as persons for whom continuous shift work is contraindicated in accordance with a medical opinion, shall not be involved in continuous shift work.

(2) Persons with severe and accentuated disabilities, one of the parents (guardian, caretaker) with children under the age of four or children with disabilities, persons who combine work with parental leave provided by Article 126 and paragraph (2) of Article 127, and workers who take care for a sick family member on the basis of a medical certificate may perform continuous shift work only with their written consent. In this case, the employer is obliged to familiarize above mentioned employees in written form about their right to refuse from a continuous shift work.

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Artikel   319 Duration of a continuous shift work

(1) The duration of a shift includes a work time and rest time between shifts in shift camp, provided in paragraph (3) of Article 317.

(2) The duration of a shift shall not exceed one month. In exceptional cases, at certain locations, the employer, after consultation with employee representatives, may increase the duration of the shift up to three months.

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Artikel   320 Recording of the continuous shift working time

(1) When working on a rotational basis, the working time according to Article 99 shall be calculated for a month, quarter or other longer period, but not more than for one year.

(2) The accounting period covers all working hours, the time spent on the way from the employer's location to the workplace and back, as well as the rest time within a given calendar period of time. The total duration of working time for the accounting period should not exceed the normal duration of working time established by this law.

(3) An employer is required to keep records of the working and rest hours of each employee working on a rotational basis, both monthly and for the entire accounting period.

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Artikel   321 Work and rest regime of the continuous shift working time

(1) Working and rest hours for the accounting period are regulated by a continuous shift working schedule, which is approved by the employer after consultation with employee representatives and is informed to employees at least one month before it is put into effect.

(2) The timetable includes time required for transport reasons to and from the place of work. The time spent on the way to the place of work and back is not included in working hours and may fall on days of inter-shift rest.

(3) Hours of additional work within a continuous shift work schedule may be accumulated during the calendar year and summed up to whole days with the subsequent provision of additional days of rest in accordance with the order (order, decision, resolution) of the employer.

(4) Rest days granted in connection with work outside the normal working hours within the accounting period are paid in the amount of the basic daily wage, unless more favorable conditions are provided by the individual or collective labor agreement.

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Artikel   322 Guarantees and compensations to persons working on a rotational basis (continuous shift working time)

(1) Employees working on a rotational basis, for each calendar work day during the shift period, as well as for the transport time to the workplace and back, shall be paid a supplement for continuous shift working time in the amount established by the Government.

(2) An employee shall be paid the average daily wage for transport reasons from an employer's location to the workplace and back stipulated by the continuous shift working schedule, as well as for travel reasons delayed due to weather conditions or the fault of the carrier.

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Chapter XVI
WORK OF OTHER CATEGORIES OF EMPLOYEES
Artikel   323 Work of employees in military units, institutions and organizations of the Republic of Moldova Armed Forces and in public authorities where by the law is provided performance of the military or special service, as well as work of the persons performing civil service

(1) Employees who have concluded an individual labor contract with military units, institutions or organizations of the Armed Forces or with public authorities where by the law is provided military or special service, as well as persons performing civilian service, should be a subject to the labor legislation, with the particularities provided by the normative acts in force.

(2) In accordance with the tasks of the military units, institutions and organizations mentioned in paragraph (1), distinct salary conditions, facilities and additional advantages shall be established for their employees.

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Artikel   324 Work of medical staff

(1) A short duration working time shall be established for the medical-sanitary personnel, which shall not exceed 35 hours per week.

(2) A concrete duration of the working time for medical-sanitary personnel is established by the Government according to the function and/or specialty and taking into account the specifics of the performed work (Art. 96, point (3)).

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Artikel   325 Labor of professional athletes, workers of social media, theaters, circuses, cinematographic, theater and concert organizations, as well as other persons involved in creation and/or performance of artworks.

Professional athletes, workers of media, theaters, circuses, cinematographic, theater and concert organizations, as well as other persons involved in creation and/or performance of artworks, are subject to the provisions of this law with the features provided by the current legislation.

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Artikel   326 Labor in peasant (private) farms

(1) The conclusion, amendment and termination of an individual labor contract with an employee of a peasant (private) farm is regulated by this law, law of peasant (private) farms and other regulatory enactments.

(2) A peasant (private/farm) enterprise is obliged to conclude in written form an individual labor contract with an employee and to register it in local public administration authority, which sends a copy of it to the territorial labor inspectorate.

(3) The labor activity of peasant members (private/farm) economy is regulated by law of peasant (private) farms and other regulatory enactments.

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