LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
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.

Original 

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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.

Original 

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See the original = Romanian