LLMD
Labour Law (MD)
Labour Law of the Republic of Moldova
For the purposes of this Code, the following terms are defined:
Establishment - an enterprise, institution or organisation with the status of a legal person, irrespective of the type of ownership, legal form of organisation and departmental subordination or branch affiliation;
employer - a legal person (establishment) or natural person employing employees on the basis of an individual employment contract concluded in accordance with the provisions of this Code;
transferor - a natural or legal person who, in the process of reorganisation of the unit, change of ownership or of its owner, involving a change of employer, loses the status of employer in relation to the unit or part of it;
transferee - a natural or legal person who, in the process of reorganisation of the unit, change of ownership or of its owner involving a change of employer, acquires the status of employer in relation to the unit or part of it;
employee - a natural person (man or woman) who performs work according to a certain speciality, qualification or in a certain function, in return for a salary, under an individual employment contract;
employees' representatives - trade union body which usually operates within the establishment in accordance with the legislation in force and the statutes of trade unions, and in its absence - other representatives elected by the employees of the establishment in the manner laid down in this Code (Article 21);
pregnant woman - any woman who notifies her employer in writing of her physiological state of pregnancy and encloses a medical certificate issued by the family doctor or specialist doctor attesting to this state;
woman who has recently given birth - any woman who has resumed work after the expiry of her postnatal leave and requests the employer, in writing, the protective measures provided for by law, enclosing a medical certificate issued by the family doctor, but not later than 6 months from the date of giving birth;
breastfeeding woman - any woman who, on returning to work after taking postnatal leave, breastfeeds her child and notifies her employer in writing;
young specialist - a graduate of an institution of higher, intermediate or secondary vocational education within the first three years after graduation;
sexual harassment - any form of physical, verbal or non-verbal conduct of a sexual nature that offends the dignity of the person or creates an unpleasant, hostile, degrading, humiliating or insulting atmosphere;
dignity at work - a comfortable psycho-emotional climate in the working relationship which excludes any form of verbal or non-verbal behaviour on the part of the employer or other employees which may harm the moral and psychological integrity of the employee;
written form - information (certificate, document, contract, etc.) in letters, figures, graphics on paper or in electronic form; holographic writing on paper; information transmitted by fax or other means of communication, including electronic means, which allow the information to be read;
acknowledgement of receipt/notification - receipt/notification shall be deemed to be acknowledged when at least one of the following conditions is met, whichever is the earlier:
a) the notification is delivered to the addressee;
b) the notification is delivered to the postal address indicated by the addressee for this purpose or, failing that, to the registered office of the addressee who is a legal person or to the domicile of the addressee who is a natural person;
c) the notification is transmitted by electronic mail or other means of individual communication, when it can be accessed by the addressee, including in accordance with the rules for sending and receiving electronic documents laid down by law;
d) the notification is otherwise made available to the addressee at a place and in a manner reasonably capable of being accessed by the addressee without delay;
remuneration - monetary remuneration including basic salary (tariff salary, function salary) and all allowances, bonuses, bonuses and other incentive and compensation payments granted to the employee by the employer under the individual employment contract for work performed;
salary level - gross annual pay and corresponding gross hourly pay;
gender pay gap - the difference between the average pay levels of female and male employees, expressed as a percentage of the average pay level of male employees;
equal work - work performed in the same job, according to the same educational, professional and training requirements, skills (abilities), effort, responsibility, work performed, nature of tasks involved and working conditions;
work of equal value - work performed in different functions or positions but which is considered to be of equal value on the basis of the same educational, professional and training requirements, skills (abilities), effort, responsibility, work performed, nature of tasks involved and working conditions;
flexible working arrangements - work schedules that allow employees to adapt their working hours, including through the use of teleworking, home working, flexible working arrangements, part-time working or compressed working weeks.
(1) This code regulates the totality of individual and collective labor relations, the control of the application of the regulations in the field of labor relations, the labor jurisdiction, as well as other relations directly related to the labor relations.
(2) This code also applies to labor relations regulated by organic laws and other normative acts.
(3) If the court establishes that, through a civil contract, the labor relations between the employee and the employer are in fact regulated, the provisions of the labor legislation shall apply to these relations.
The provisions of this code apply:
a) employees of the Republic of Moldova, employed on the basis of an individual employment contract, including those with a contract of continuous professional training or professional qualification, who perform work in the Republic of Moldova;
b) employees of foreign or stateless citizens, employed on the basis of an individual employment contract, who provide work for an employer who carries out his activity in the Republic of Moldova;
c) employees of the Republic of Moldova who work at the diplomatic missions of the Republic of Moldova abroad;
d) employers of natural or legal persons from the public, private or mixed sector who use salaried work;
e) employees from the apparatus of public, religious, trade union, employers' associations, foundations, parties and other non-commercial organizations that use salaried work
Labour relations and other relations directly related to them are regulated by the Constitution of the Republic of Moldova, the present Code, other laws, other normative acts containing labour law norms, namely:
a) decisions of the Parliament;
b) decrees of the President of the Republic of Moldova;
c) Government decisions and orders;
d) acts related to labour issued by the Ministry of Labour and Social Protection, by other specialized central authorities, within the limits of the powers delegated by the Government;
e) acts of local public authorities;
f) normative acts at unit level;
g) collective labour contracts and collective agreements; and
h) treaties, agreements, conventions and other international acts to which the Republic of Moldova is a party.