LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2010-09-07, valid until before 2020-08-31

Art.

27

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In force since 2020-08-31

Art.

27

How to conduct collective bargaining

(1) The participants in the collective bargaining are free to choose the issues that will be the object of regulation of the collective labor contracts and of the collective agreements.


(2) In the units where a part of the employees are not union members, they have the right, according to art. 21 paragraph (1), to empower the union body to represent their interests in negotiations.


(3) In the units where no unions are constituted, the interests of the employees are expressed, according to art. 21 paragraph (2), by the elected representatives of the employees.


(4) The right to participate in collective bargaining, to sign collective agreements on behalf of employees at national, branch or territorial level belongs to the corresponding trade unions (trade unions). If, at national, branch, territorial or unitary level, there are several trade union bodies, a single representative body is created for the conduct of collective bargaining, the elaboration of the draft collective agreement and its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the trade union bodies, depending on the number of trade union members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the trade union (trade union association) with the largest number of members.


(4.1) The right to participate in collective bargaining, to sign collective agreements on behalf of employers at national, branch or territorial level, belongs to the appropriate employers' associations. If, at national, branch or territorial level, there are several employers, a single representative body is created for the conduct of collective bargaining, for the elaboration of the draft collective agreement and for its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the employers, depending on the number of their members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the employer with the largest number of members.


(5) (Repealed)


(6) The parties are obliged to provide each other with the information necessary for the conduct of collective bargaining at the latest within 2 weeks from the moment of the request.


(7) The participants in the collective bargaining, other persons involved in the collective bargaining have the obligation not to disclose the information received if it constitutes a state or commercial secret. The persons who disclosed the respective information bear disciplinary, material, administrative, civil or criminal liability, in the manner established by the legislation in force.


(8) The terms, place and manner of conducting the collective bargaining shall be established by the representatives of the parties participating in the respective negotiations.