LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2020-08-31, valid until before 2022-09-01

Art.

100 .1

Flexible work schedule

(1) The flexible work schedules are established by the employer in agreement with the employee, at his request, if this possibility is provided in the collective labor contract, in the internal regulation of the unit or in another normative act at unit level.


(2) Flexible work schedules involve a different way of organizing working time than the work regime established within the unit.


(3) The flexible work schedule is established based on the agreement between the parties, with the monitoring by the employer of the employee's daily working time.


(4) The working conditions within the flexible work schedule are established in the individual employment contract.


(5) The flexible work schedule is applied without prejudice to the provisions of art. 100.


(6) The daily duration of working time can be divided into two periods: a fixed period, in which the employee is at work, and a variable period, in which the employee chooses his arrival and departure times.

In force since 2022-09-01

Art.

100 .1

Flexible working arrangements

(1) Flexible working arrangements shall be established by agreement between the employee and the employer, at the request of the employee or the employer, both at the time of employment and after the conclusion of the individual employment contract, for a fixed or indefinite period.


(2) Flexible working arrangements shall be laid down in the individual employment contract or in the supplementary agreement to the individual employment contract.


(3) Work under the flexible working arrangements shall not limit the rights and guarantees of the employee regarding the calculation of seniority, the duration of annual rest leave or other rights related to employment relations, provided for in this Code.


(4) An employee may request reasonable adjustment of working hours not more than once every 6 months, in writing, by a request which shall include the following information: the date of submission of the request, the requested flexible work formula and the date on which the change of working hours would start.


(5) Within 30 days of receipt of the request for reasonable adjustment of working hours, the employer shall provide a response with the justification for the decision.


(6) In considering the request for reasonable adjustment of working hours, the employer may take into account the following factors in determining whether or not it is possible to adjust the workplace to flexible working arrangements:


a) the costs involved;


b) the ability to reorganise work among existing staff;


c) the ability to recruit additional staff;


d) impact on quality;


e) impact on employee performance;


f) the effect on the ability to meet customer demand.


(7) In the case of an employee with a flexible working arrangement who is travelling on official business, the work schedule established at the unit to which he is delegated shall be extended to him.


(8) Flexible working arrangements shall apply without prejudice to the provisions of Article 100."