LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2016-04-22, valid until before 2017-08-25

Art.

250

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In force since 2017-08-25

Art.

250

Transfer to another job of certain categories of women

(1) If, as a result of the occupational risk assessment in accordance with the Occupational Safety and Health Act, work performed by a pregnant woman, a woman who has recently given birth or a breastfeeding woman proves to present safety risks or her health or may have repercussions on pregnancy or breastfeeding, the employer shall take the necessary measures to exclude, through a temporary change in working conditions, the influence of risk factors on such persons.


(2) If the modification of the working conditions, provided in par. (1), it is not possible for objective reasons for a pregnant woman, a woman who has recently given birth or a breastfeeding woman to be given another job, so as to avoid exposing her to the risk factors identified in the assessment. During the activity at the new job, the pregnant woman, the woman who has recently given birth or the breastfeeding woman is kept the average salary from the previous job.


(3) The provisions of par. (1) and (2) shall also apply in cases where pregnancy or breastfeeding occurs during the performance of work that involves the influence of risk factors, provided that the employer is properly informed.


(4) Pregnant women, women who have recently given birth and those who are breastfeeding will be removed from night work, being given a day job, while maintaining the average salary from the previous job.


(5) Until the settlement of the issue regarding the granting of another work in accordance with par. (2) - (4) or if the change of job is not possible for objective reasons, pregnant women, women who have recently given birth and those who are breastfeeding will be exempted from fulfilling their work obligations, while maintaining the average salary for the days they did not work because of it.


(6) Without prejudice to the provisions of par. (1) - (5), women who have children up to 3 years of age, in case they do not have the possibility to fulfill their work obligations, are transferred, in the manner provided by this code, to another place of work. work, with the maintenance of the average salary from the previous job until the children reach the age of 3 years.