LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2008-07-01, valid until before 2022-05-13

Art.

5

Basic principles of the regulation of labor relations and other relations directly related to them

The basic principles of the regulation of labor relations and other relations directly related to them, principles arising from the norms of international law and those of the Constitution of the Republic of Moldova, are the following:


a) freedom of employment, including the right to work freely chosen or accepted, the right to dispose of one's work capacity, the right to choose one's profession and occupation;


b) prohibition of forced (compulsory) labor and discrimination in the field of labor relations;


c) protection against unemployment and assistance in employment;


d) ensuring the right of every employee to fair working conditions, including working conditions that meet the requirements of occupational safety and health, and the right to rest, including the regulation of working time, the granting of annual rest leave, rest breaks daily, holidays and non-working holidays;


e) equality in rights and opportunities of employees;


f) guaranteeing the right of each employee to pay in full and equitable time the salary that would ensure a decent existence for the employee and his family;


g) ensuring the equality of employees, without any discrimination, for advancement in the service, taking into account the labor productivity, qualification and seniority in work in the specialty, as well as for professional training, retraining and improvement;


h) ensuring the right of employees and employers to association to defend their rights and interests, including the right of employees to join unions and to be union members and the right of employers to associate in employers and to be members of employers ;


i) ensuring the right of employees to participate in the administration of the unit in the forms provided by law;


j) the combination of state regulation and contractual regulation of labor relations and other relations directly related to them;


k) the obligation of the full reparation by the employer of the material and moral damage caused to the employee in connection with the fulfillment of the work obligations;


l) establishing state guarantees for ensuring the rights of employees and employers, as well as exercising control over their observance;


m) ensuring the right of every employee to defend his or her labor rights and freedoms, including by notifying the supervisory and control bodies, of the labor jurisdiction bodies;


n) ensuring the right to resolve individual labor disputes and collective labor disputes, as well as the right to strike, in the manner established by this code and other normative acts;


o) the obligation of the parties to collective and individual employment contracts to respect the contractual clauses, including the employer's right to demand from the employee the fulfillment of work obligations and the manifestation of a household attitude towards the employer's goods and, respectively, the employee's right to demand employer fulfilling the obligations towards the employees, observing the labor legislation and other acts containing norms of the labor law;


p) ensuring the right of trade unions to exercise public control over compliance with labor legislation;


r) ensuring the right of employees to the defense of honor, dignity and professional reputation during the work activity;


s) guaranteeing the right to compulsory social and medical insurance of employees.

In force since 2022-05-13

Art.

5

Basic principles of the regulation of labor relations and other relations directly related to them

The basic principles of the regulation of labor relations and other relations directly related to them, principles arising from the norms of international law and those of the Constitution of the Republic of Moldova, are the following:


a) freedom of employment, including the right to work freely chosen or accepted, the right to dispose of one's work capacity, the right to choose one's profession and occupation;


b) prohibition of forced (compulsory) labor and discrimination in the field of labor relations;


c) protection against unemployment and assistance in employment;


d) ensuring the right of every employee to fair working conditions, including working conditions that meet the requirements of occupational safety and health, and the right to rest, including the regulation of working time, the granting of annual rest leave, rest breaks daily, holidays and non-working holidays;


e) equality in rights and opportunities of employees;


f) guaranteeing the right of each employee to pay in full and equitable time the salary that would ensure a decent existence for the employee and his family;


f.1) equal pay for equal work or work of equal value;


g) ensuring the equality of employees, without any discrimination, for advancement in the service, taking into account the labor productivity, qualification and seniority in work in the specialty, as well as for professional training, retraining and improvement;


h) ensuring the right of employees and employers to association to defend their rights and interests, including the right of employees to join unions and to be union members and the right of employers to associate in employers and to be members of employers ;


i) ensuring the right of employees to participate in the administration of the unit in the forms provided by law;


j) the combination of state regulation and contractual regulation of labor relations and other relations directly related to them;


k) the obligation of the full reparation by the employer of the material and moral damage caused to the employee in connection with the fulfillment of the work obligations;


l) establishing state guarantees for ensuring the rights of employees and employers, as well as exercising control over their observance;


m) ensuring the right of every employee to defend his or her labor rights and freedoms, including by notifying the supervisory and control bodies, of the labor jurisdiction bodies;


n) ensuring the right to resolve individual labor disputes and collective labor disputes, as well as the right to strike, in the manner established by this code and other normative acts;


o) the obligation of the parties to collective and individual employment contracts to respect the contractual clauses, including the employer's right to demand from the employee the fulfillment of work obligations and the manifestation of a household attitude towards the employer's goods and, respectively, the employee's right to demand employer fulfilling the obligations towards the employees, observing the labor legislation and other acts containing norms of the labor law;


p) ensuring the right of trade unions to exercise public control over compliance with labor legislation;


r) ensuring the right of employees to the defense of honor, dignity and professional reputation during the work activity;


s) guaranteeing the right to compulsory social and medical insurance of employees.