LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2021-10-29

Art.

97 .2

Reduced activity regime

(1) The employer may establish the reduced activity regime, with the distribution of working time during the week, at unit level, for at least 25% of the number of employees within the unit:


a) unilaterally, in case of a state of emergency, siege and war or in case of a state of emergency in public health;


b) with the written consent of the employees concerned, in case of unfavorable economic situation, difficulties in supplying raw materials or energy, exceptional weather, transformation, restructuring or modernization of the enterprise or in other exceptional circumstances, in the manner established by the Government .


(2) The reduced activity regime may be established for a period of up to 3 consecutive months, but not more than 5 months per year.


(3) In case of application of the provisions of par. (1) lit. b), the employer is obliged to request the consultative opinion of the employees' representatives regarding the establishment of the reduced activity regime at least 5 working days before submitting the application for granting the aid for the employees with reduced activity regime.


(4) The duration of the working time provided in the individual employment contract of the employee may be reduced, under the conditions of this article, by a maximum of 50%, the work of the employee being remunerated in proportion to the time worked.


(5) Employees who, in accordance with the provisions of this article, have been established a reduced activity regime, benefit from an aid in the manner established by the Government.


(6) During the period of reduced working hours established under the conditions of this Article, the employment of employees for the performance of work similar to that performed by employees whose working hours have been reduced shall be prohibited.


(7) The employer shall establish the reduced activity regime following the adoption of the decision to grant aid to employees whose working time has been reduced.


(8) The provisions of this Article shall not apply to the following categories of employers:


a) institutions financed from the budget;


b) employers who have suspended activity, are in the process of insolvency or liquidation;


c) to the employers who, at the date of submitting the application for granting the aid for the employees with reduced activity regime, have arrears to the national public budget that exceed the amount established by the Government.


(9) The provisions of this Article shall not apply to employees who:


a) performs work by cumulation within the same unit or at another unit;


b) have not completed a contribution period in the public state social insurance system of at least 6 months in the last 24 calendar months preceding the date of registration of the application for granting aid for employees with reduced activity;


c) are part-time employees.


(10) It is not allowed to request the reduced activity regime if, at unit level, a strike is declared. "