LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2008-07-01, valid until before 2017-08-18

Art.

118

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In force since 2017-08-18

Art.

118

Annual grant of vacation leave

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.