LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2017-10-20, valid until before 2022-05-13

Art.

9

The basic rights and obligations of the employee

(1) An employee has the right to:


a) conclusion, change, suspension and termination of the individual labor contract in the manner prescribed by this law;


b) work in accordance with the terms of an individual labor contract;


c) a workplace that meets the conditions stipulated by the state standards of organization, health and safety at work, collective labor contracts and collective agreements;


d) timely and in full receipt of wages in accordance with their qualifications, complexity, quantity and quality of work performed;


e) rest, provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, annual paid leaves;


f) full and reliable information about working conditions before hiring or transferring to another position;


f.1) to be informed and advised about economic situation of the enterprise, health and safety at work, as well as about other issues related to the work of the enterprise, in accordance with the provisions of this law;


g) appeal to the employer, patronage, trade unions, central and local public administration authorities, labor jurisdiction bodies;


h) professional training, retraining and advanced training in accordance with this law and other regulations;


i) free association in trade unions, including the creation of trade union organizations and joining them to protect their labor rights, freedoms and legitimate interests;


j) participation in the management of the enterprise in accordance with this code and the collective labor agreement;


k) collective bargaining and conclusion through their representatives of a collective labor agreements and conventions, as well as information on their implementation;


l) protection of their labor rights, freedoms and legal interests in ways not prohibited by the law;


m) resolution of individual labor disputes and collective labor conflicts, including the right to strike, in accordance with the procedure established by this law and other regulatory enactments;


n) compensation for material and moral damage caused in connection with the performance of his labor duties in the manner prescribed by this law and other regulatory enactments;


n) compulsory social and medical insurance in the manner prescribed by the current legislation.


(1.1) Employees cannot waive from the rights provided by this code. Any agreement aimed at waiving or restricting an employee's employment rights is void.


(2) An employee is required to:


a) conscientiously perform their labor duties stipulated by the individual labor contract;


b) comply with the established labor standards;


c) comply with the internal regulations of the enterprise and always to carry his personal permit for admission to the workplace, issued by the employer;


d) observe labor discipline;


d.1) exhibit non-discriminatory behavior in relations with the other employees and employer;


d.2) respect the right of other workers to professional dignity;


e) comply with health and safety requirements;


f) take care of employers and other employees property;


g) inform the employer or immediate supervisor immediately about the occurrence of a situation that poses a threat to the life and health of people or the safety of the employer's property;


g.1) inform immediately the employer or immediate supervisor about impossibility to come at work with a submission within five working days after the resumption of work of documents justifying the absence;


h) pay contributions of compulsory state social insurance and contributions of compulsory health insurance, in accordance with the established procedure;


i) fulfill other obligations stipulated by the applicable law, collective bargaining agreements and collective conventions.

In force since 2022-05-13

Art.

9

Basic employee rights and obligations

(1) An employee has the right:


a) to conclude, amend, suspend and terminate the individual employment contract in the manner laid down in this Code;


b) to work, in accordance with the terms of the individual employment contract;


c) to a job, under the conditions laid down in the state standards on organisation, safety and health at work, in the collective labour contract and in collective agreements;


d) timely and full payment of wages in accordance with his or her qualifications and the complexity, quantity and quality of the work performed;


d.1) to obtain, on request, information on rates of pay, broken down by sex, for categories of employees performing equal work or work of equal value;


e) to rest, ensured by the establishment of normal working hours, by the reduction of working hours for certain professions and categories of employees, by the granting of rest days and holidays, paid annual leave;


f) full and truthful information, prior to employment or transfer to another post, on the conditions of employment, in particular on the conditions of remuneration for work, including the salary of the post or tariff, supplements, bonuses and material allowances (where these form part of the establishment's pay system), the frequency of payments and the criteria used to determine pay levels;


f.1) to information and consultation on the economic situation of the establishment, occupational safety and health and other matters concerning the operation of the establishment, in accordance with the provisions of this Code;


g) to address the employer, employers, trade unions, central and local public administration bodies, labour jurisdiction bodies; 


h) training, retraining and further training in accordance with this Code and other regulations;


i) to freedom of association in trade unions, including the right to form and join trade unions for the protection of his or her labour rights, freedoms and legitimate interests;


j) to participate in the management of the establishment in accordance with this Code and the collective labour agreement;


k) to conduct collective negotiations and conclude collective agreements and collective agreements, through its representatives, to be informed about the execution of those agreements and agreements;


l) to defend, by means not prohibited by law, his employment rights, freedoms and legitimate interests;


m) to the settlement of individual labour disputes and collective labour disputes, including the right to strike, in the manner laid down in this Code and other normative acts;


n) compensation for material and non-material damage caused in connection with the performance of work obligations, in the manner laid down in this Code and other normative acts;


o) to compulsory social and medical insurance, as provided for by the legislation in force.  


(1.1) Employees may not waive their rights under this Code. Any agreement aimed at waiving or limiting the employee's labour rights shall be null and void.


(2) The employee shall be bound:


a) to conscientiously fulfil his or her employment obligations under the individual employment contract;


b) to comply with the established work rules;


c) to comply with the requirements of the internal regulations of the establishment and to carry the nominal permit for access to the workplace granted by the employer at all times;


d) respect work discipline;


d.1) behave in a non-discriminatory manner towards other employees and the employer;


d.2) respect the right to dignity at work of other employees;


e) comply with occupational safety and health requirements;


f) show good housekeeping towards the employer's and other employees' property;


g) immediately inform the employer or immediate supervisor of any situation that poses a danger to the life and health of people or to the integrity of the employer's property;


g.1) immediately inform the employer or immediate supervisor of the impossibility of reporting for work and present, within 5 working days after resuming work, the documents justifying the absence;


h) pay compulsory state social security contributions and compulsory health insurance premiums in the prescribed manner;


i) fulfil other obligations laid down by the legislation in force, the collective labour contract and collective agreements.